Miami Pregnancy Discrimination Attorneys

Fighting for Pregnancy Discrimination Victims in Florida

Pregnancy discrimination can affect women applying for jobs as well as those already employed. It may be based on pregnancy, childbirth, or a medical condition connected to pregnancy. Federal, state, and local laws require employers to treat pregnant and non-pregnant employees equally when making employment decisions.

If you were harmed by pregnancy discrimination at a Miami workplace, discuss your situation with a Miami pregnancy discrimination attorney at Phillips & Associates, PLLC. We have many years of experience building strong cases and have recovered over $360 million in settlements and verdicts.

Laws Protecting Against Pregnancy Discrimination

Laws that protect against pregnancy discrimination include:

• The Pregnancy Discrimination Act (PDA): The PDA amended Title VII of the Civil Rights Act of 1964 to prohibit workplace pregnancy discrimination. It generally applies to employers with at least 15 employees. Conditions associated with pregnancy can include gestational diabetes, preeclampsia, bed rest orders, and complications involving a miscarriage.
• The Florida Civil Rights Act: This act also prohibits discrimination based on pregnancy, childbirth, or pregnancy-related conditions. In Delva v. The Continental Group, Inc., the Florida Supreme Court held that the act’s prohibition against sex discrimination includes pregnancy discrimination. 
• The Miami-Dade County Human Rights Ordinance: This law also prohibits pregnancy discrimination and is enforced by the Miami-Dade County Commission on Human Rights.

These protections cover hiring, compensation, benefits, assignments, discipline, leave, promotions, layoffs, and termination. An employer shouldn’t deny you a promotion because you might become pregnant or refuse to hire you because of that possibility. An employer also shouldn’t take negative action against you because you had, or didn’t go through with, an abortion. Our pregnancy discrimination lawyers in Miami can help you evaluate your rights in these situations.

Employers are supposed to treat pregnant and non-pregnant employees equally. Your employer shouldn’t take away a desirable assignment or reassign you to a less favorable position because you’re pregnant. Employers also need to make benefits and leave available for medical conditions associated with pregnancy just as they would for other medical conditions.

Reasonable Accommodations Under the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act generally requires covered employers with at least 15 employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. An accommodation changes the work environment or the usual way a job is performed. Employers don’t have to provide an accommodation that would create an undue hardship, meaning significant difficulty or expense under the circumstances.

Possible accommodations during and after pregnancy include:

• Additional restroom, food, water, or rest breaks
• A stool or permission to sit while working
• Time off for health care appointments
• Temporary reassignment or suspension of certain duties
• Telework when appropriate
• Recovery time after childbirth or miscarriage

The appropriate accommodation depends on the worker’s known limitation and job duties. These protections generally apply to covered private employers, state and local government employers, federal entities, employment agencies, and labor organizations.

Leave for Pregnancy 

If your employer is covered and you’re eligible, you may be able to take leave under the Family and Medical Leave Act (FMLA) for a condition related to pregnancy or for childbirth. This leave can also be used to care for and bond with a newborn, among other purposes. You shouldn’t face discrimination for exercising your right to take FMLA leave for pregnancy, childbirth, or a related condition. If you do, our Miami pregnancy discrimination attorneys can help you take legal action.

You can’t be required to take leave because you’re pregnant as long as you can perform your essential job functions. It should be your decision whether to work while pregnant, and you should be able to work under the same conditions as other employees. Your employer also isn’t allowed to pressure or force you to take leave by claiming that it is acting in your best interest because of potential dangers to the fetus or your health.

Lactation & Pumping Rights After Childbirth

Under the Providing Urgent Maternal Protections for Nursing Mothers Act, commonly called the PUMP Act, most nursing employees have the right to reasonable break time and a private space to express breast milk for up to one year after a child’s birth. The space can’t be a bathroom. It must be shielded from view and free from intrusion by coworkers and the public.

If you aren’t completely relieved from your duties while pumping, that time must be paid. Employers also can’t retaliate against employees for using pumping rights, filing a complaint, or cooperating with an investigation.

What Are Common Signs of Pregnancy Discrimination?

Pregnancy discrimination can appear in subtle or overt ways. 

Warning signs can include:

• Demotions or reduced work hours
• Exclusion from meetings or projects
• Unfavorable assignment changes
• Sudden negative performance reviews
• A shift in attitude from supervisors
• Pressure to change your role because of your pregnancy

Preserve relevant emails, workplace communications, performance records, and a dated record of concerning incidents.

Pregnancy Discrimination Filing Deadlines in Florida

Pregnancy discrimination claims are subject to different filing deadlines depending on the law and agency involved. 

In Florida, the deadlines are as follows:

• Equal Employment Opportunity Commission: An EEOC charge generally must be filed within 300 calendar days of the discriminatory act. A worker who receives an EEOC Notice of Right to Sue generally has 90 days to file a federal lawsuit. 
• Florida Civil Rights Act: A claim may generally be filed with the Florida Commission on Human Relations within 365 days of the alleged violation.
• Miami-Dade County Human Rights Ordinance: Individuals must first file a claim with the Miami-Dade County Commission on Human Rights within 180 days from the date of the discriminatory act. 

The correct filing path and deadline depend on the facts, employer, applicable law, and date of each alleged act.

What Should I Do If I Experience Retaliation?

Retaliation can be an unlawful response by an employer after you raise a concern about pregnancy discrimination or exercise a protected right. Record negative comments, unfair job assignments, disciplinary measures, and other actions that follow your complaint. Preserve emails, messages, performance reviews, and copies of reports you made. We can review the sequence of events and help you evaluate whether the conduct may support a workplace retaliation claim.

Contact Our Miami Pregnancy Discrimination Lawyer Today

Pregnancy can be a joyous experience, but it can also lead to discriminatory conduct by an employer. If you suffered harm because of pregnancy discrimination at work, our employment attorneys can evaluate your options.

During a free consultation, we can discuss what happened, the workplace records available to you, and your potential legal options. We represent clients on a contingency-fee basis, so we don’t collect attorneys’ fees unless we recover compensation for them.

Schedule a consultation with our pregnancy discrimination attorneys in Miami by calling (866) 229-9441 or using our online contact form.

Related Reading:

Reasonable Accommodations for Pregnancy in Miami
Wrongful Termination Based on Pregnancy in Miami