Experienced Pregnancy Discrimination Lawyer Protecting the Rights of St. Petersburg & Tampa Clients
Your employer is not allowed to discriminate against someone who is pregnant or plans to become pregnant based solely on that fact. In order to further bolster compliance with this regulation, pregnancy was included in the 2015 Florida Human Rights Act. If you have faced discrimination, harassment, termination, or refused an offer for employment based on your pregnancy plans, contact attorney Craig Berman immediately for help.
As you likely know, paid maternity and paternity leave is entirely up to the discretion of your employer. That being said, you do have rights to take unpaid leave due to pregnancy.
- Pregnancy Discrimination Act of 1978 (PDA): An amendment of Title VII of the Civil Rights Act of 1964, an employer cannot discriminate against an employee in their terms of employment based on their pregnancy, childbirth, or related medical conditions.
- It also requires your employer to compensate you the same as they would for a temporary disability, such as reasonable accommodations or partial compensation.
- Family Medical Leave Act (FMLA): An employee may take up to six weeks of unpaid leave for reasons related to pregnancy, childbirth, or a related medical condition. This applies to spouses as well; for example, a husband may take a leave of absence under the FMLA to care for a new baby.
- The Equal Pay Act of 1963 (EPA): States that employers cannot pay male and female employees different salaries for equal work. Therefore, an employer could not pay female employees less than their male counterparts because an employer anticipates they may take leave in the future due to pregnancy.
- Breastfeeding: Your employer must make reasonable accommodations to allow you to pump or breastfeed during the workday.
You Cannot Be Terminated Simply For Being Pregnant
One of the most common discrimination cases related to pregnancy is women who are not welcomed back to work after taking maternity leave. This is illegal under the FMLA. Unless your employer can prove that you would have been fired anyway, due to layoffs or a performance issue, they cannot deny you your job when you come back from an approved absence.
If your employer does terminate you when you announce your pregnancy or when you return after giving birth, this is considered wrongful termination. Craig Berman can help you report this violation and take the proper steps to rectify the situation, whether that means getting your job back or taking your employer to court for compensation for their egregious behavior.