Every woman is entitled to equal opportunity in the workplace, including women who are pregnant or are planning to become pregnant. If she is not given the same opportunities or if she is directly harassed as a result, this legally qualifies as pregnancy discrimination.
The Pregnancy Discrimination Act protects the rights of pregnant workers so that they can receive fair and equal treatment in the workplace, as well as file complaints against their employers. If you or a loved one have experienced pregnancy discrimination, contact a pregnancy discrimination lawyer at Chanfrau & Chanfrau in Daytona, FL. We are well-versed in employment law and will fight to ensure that your rights in the workplace are respected.
Understanding Pregnancy Discrimination
Women who are pregnant or intend to become pregnant have the same rights in the workplace as their fellow employees. An employer may not fire, discipline, refuse to hire, refuse to promote, or in any other way discriminate against an employee on account of her being pregnant. If your employer fired you because you are pregnant, you may have a wrongful termination case against them.
Common examples of discrimination against pregnant employees include:
- Firing a pregnant employee because the employer feels the employee cannot do her job
- Firing a pregnant employee due to concerns for the employee’s health
- Harassing a pregnant employee, such as by making offhand derogatory comments, threats, insults, or offensive jokes
- Refusing to hire a woman because she is pregnant
- Failing to provide reasonable accommodations for a pregnant employee
- Not considering an employee for a promotion because she is pregnant
- Forcing an employee to change jobs or take time off because of her pregnancy
Laws Regarding Pregnancy Leave
You may be entitled to time off work for reasons relating to pregnancy or childbirth. Under the Family and Medical Leave Act (FMLA), eligible employees may take as many as 12 unpaid weeks off work for their medical needs, including prenatal care, morning sickness, and other serious health conditions resulting from pregnancy or childbirth. Under FMLA, employees may also continue to receive health benefits and be reinstated to their position when leave is over.
Laws Regarding Pregnancy Discrimination
The Title VII of the Civil Rights Act of 1964 contains a number of protections for pregnant women in the workplace that prohibit employers from discriminating against them. Specifically, employers cannot discriminate against employees for past, current, or potential pregnancy, as well as any associated medical conditions.
In 1978, the Pregnancy Discrimination Act (PDA) was passed. This legislation protects women from being discriminated against or fired because of a pregnancy, childbirth, or related condition in any workplace with at least 15 employees.
The Florida Civil Rights Act was also amended to prohibit employers from discriminating based on pregnancy, childbirth, or related medical conditions. Like the PDA, this law applies to companies that employ 15 or more individuals.
Contact a Florida Pregnancy Discrimination Lawyer
While laws to protect pregnant employees have been in place for some time, women in the workplace continue to face discrimination. If you suspect you are a victim of pregnancy discrimination at work, do not hesitate to contact the pregnancy discrimination lawyers at Chanfrau & Chanfrau. Contact us today by calling (386) 258-7313 or (386) 439-7760 to schedule a consultation.
