Many women have faced pregnancy discrimination when applying for jobs or after getting them. This type of discrimination may be based on pregnancy, childbirth, or a pregnancy-related medical condition. Pregnant employees must be treated in the same way as non-pregnant employees under federal, state, and local laws. If you were harmed by pregnancy discrimination at a Miami workplace, you should discuss your situation with the Miami pregnancy discrimination lawyers at Phillips & Associates. We have many years of experience building strong cases and recovering verdicts or settlements on behalf of clients who were subjected to pregnancy discrimination.Laws Against Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) is the federal law that amended Title VII of the Civil Rights Act of 1964 to prohibit workplace pregnancy discrimination. The Florida Civil Rights Act (FCRA) also prohibits discrimination based on pregnancy, childbirth, or pregnancy-related conditions. Pregnancy-related conditions consist of circumstances such as gestational diabetes, preeclampsia, bed rest orders, near-miscarriage, and more. Only employers with a minimum of 15 employees are governed by the federal and state laws.
Similarly, the Miami-Dade County Human Rights Ordinance prohibits discrimination on the basis of pregnancy, among other protected characteristics. This ordinance is enforced by the quasi-judicial Commission on Human Rights Board, which also enforces the Miami-Dade County Family Leave Ordinance. The federal and state prohibition against pregnancy discrimination covers all employment decisions, including hiring, compensation, benefits, assignments, discipline, leave, promotions, and layoffs or firing. Your boss should also not discriminate against you in a promotion decision because you might get pregnant. A prospective employer cannot refuse to hire you because it worries that you might become pregnant. An employer or prospective employer also should not take negative steps against you because you had, or did not go through with, an abortion. A pregnancy discrimination attorney in Miami can help you enforce your rights in any of these situations.
Employers are supposed to treat pregnant and non-pregnant employees in the same way. Therefore, your employer should not take away a desirable assignment or reassign you to a less favorable work position because you are pregnant. Employers also need to make certain benefits and leave available for medical conditions associated with pregnancy, just as they would for other medical conditions.Leave for a Pregnancy
If your employer is covered, and you are eligible, it may be possible to take leave for a pregnancy-related condition or childbirth under the Family and Medical Leave Act (FMLA). This leave also can be used to care for and bond with a newborn, among many other purposes. You should not face discrimination because you exercised the right to take FMLA leave for your pregnancy, childbirth, or pregnancy-related condition. If you do, our Miami pregnancy discrimination attorneys can help you take legal action.
Also, you cannot be required to take leave because you are pregnant as long as you can perform your essential job functions. Instead, it should be your decision whether or not to work while pregnant, and you should be able to work under the same conditions as other employees. Likewise, your employer is not allowed to pressure or force you to take leave with the claim that it is acting in your best interest, due to potential dangers to the fetus or your health.Hire a Pregnancy Discrimination Attorney
Pregnancy can be a joyous experience. Unfortunately, it can also be a source of discriminatory conduct by an employer. If you suffer harm due to pregnancy discrimination at your workplace, you should consult a seasoned employment attorney. Call Phillips & Associates at (305) 549-5120 or complete our online form for a free consultation with a pregnancy discrimination lawyer in Miami. Our firm represents clients on a contingency fee basis, which means that we will not get attorneys’ fees unless we successfully win a verdict or secure a settlement on your behalf.