Are you pregnant and believe have been discriminated against because of your pregnacy? Call our experienced Orlando Pregnancy Discrimination Attorney today!
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
In 1978 Congress amended the sex discrimination section of Title VII of the Civil Rights Act of 1964 in order to pass the Pregnancy Discrimination Act which forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
For instance, employers cannot impose terms and conditions upon pregnant women that are not also made applicable to employees with other types of medical conditions. Rather, employers must treat pregnant women in the same manner as other applicants and employees on the basis of their ability or inability to do their jobs. For example, if an employee requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to do the same. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. Nor may an employer have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
It is also unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another department, a co-worker, or someone who is not an employee of the employer, such as a client or customer. If you believe you have been harassed at work because of your pregnancy, childbirth, or a medical condition related to your pregnancy or childbirth in Orlando, Tampa or anywhere within the Central Florida area it is critical that you contact our Central Florida Pregnancy Discrimination Lawyer today! We have helped many women in the past with their pregnancy discrimination claims and would be honored to help you too!
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay.
Impairments resulting from pregnancy may be disabilities under the Americans with Disabilities Act ("ADA"). An employer may have to provide a reasonable accommodation for a disability related to pregnancy, absent undue hardships such as significant difficulty or expense.
The Family and Medical Leave Act ("FMLA") also entitles eligible employees up to 12 weeks of unpaid (or paid if the employee has earned or accrued it) leave in a 12-month period for the birth or adoption of a child.
In addition to the federal law, as provided by the Pregnancy Discrimination Act, Florida law, pursuant to the Florida Civil Rights Act of 1992 ("FCRA"), also protects pregnant women from discrimination based on their pregnancy. The FCRA protects individuals from discrimination based on race, color, religion, sex, national origin, age, handicap, or marital status. 760.01(2), Fla. Stat. (2011). The Florida Supreme Court recently held that the FCRA's prohibition against discrimination on the basis of sex includes discrimination based on pregnancy because pregnancy is a "natural condition and primary characteristic unique to the female sex." Delva v. The Continental Group, 2014 Fla. LEXIS 1316 (April 17, 2014).
Pregnant women in Florida are now further protected by Florida law from employers who seek to treat them unfavorably based on their pregnancy. If you feel that you are, or have been, the victim of pregnancy discrimination please call the highly experienced Orlando pregnancy discrimination lawyer at the Law offices of J. Allen, P.A. to schedule a free initial consultation.
If you work within the Central Florida area, including the cities of Orlando and Tampa, and you believe you have been discriminated against by your employer because you are pregnant, it is critical that you contact our highly experienced Central Florida pregnancy Discrimination attorney as soon as possible. Our Orlando and Tampa discrimination attorney is very skilled and has helped many clients in the past with discrimination claims. Call us today at (407) 205-2330 for a free evaluation of your case. You may also fill out the online form located on this page and we will contact you shortly. We value your privacy and will keep all your information confidential.
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