Tampa Lawyer on Pregnancy Discrimination in FL and FCRA of 1992
Florida Civil Rights Act of 1992
Pregnancy and “Sex” Discrimination in the Workplace | Florida
“The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.”
Source: TITLE XLIV, CIVIL RIGHTS, CHAPTER 760, DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION
Florida State Legislature
Did you know that up until the Florida Supreme Court made its ruling in 2014, pregnant women in Florida who had been discriminated against by their employers were unable to find relief under The Florida Civil Rights Act of 1992? All that has now changed. The Third District Court of Appeals opinion previously ruled in Delva v. Continental Group, Inc., that Florida law does NOT prohibit pregnancy discrimination. The Supreme Court after reviewing the decision of the Third District Court of Appeals, ruled differently and in essence finds that because pregnancy is a condition of women, then in fact, it is sex discrimination under FCRA of 1992, even though it is not recited in the Statute.
Pregnancy Discrimination – If you have been treated unfavorably because of your pregnancy, childbirth, or a medical condition related to your pregnancy or childbirth, you may be protected under a variety of laws and now in Florida it has been made clear by the Supreme Court that in certain instances, it can be considered “sex” discrimination under The Florida Civil Rights Act of 1992.
The EEOC (Equal Employment Opportunity Commission) states “The Pregnancy Discrimination Act (*PDA) 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.” It further states that “It is 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 area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.”
*PDA – The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964, which outlawed sex discrimination. The 1978 federal legislation was a specific response to the harassment, retaliation and prejudicial treatment of women who became pregnant while employed.
Pregnancy and Discrimination in Florida (Employers)
It is imperative for employers to understand the legal consequences of these new rulings and to prevent discrimination lawsuits in the workplace. Developing and implementing labor and employment “best practices” with regards to your employees is the first defense. Lubliner Law Firm in Tampa can help you with your Labor and Employment matters including helping you to develop best practices, policies and procedures, the development and review of employee handbooks in the workplace as well as arbitration and mediation when needed.
Pregnancy and Discrimination in Florida (Employees)
If you would like to consult with Lubliner Law Firm about filing a pregnancy or sex discrimination lawsuit against your employer, please contact us. There are laws in place to protect pregnant employees and new rulings that may be beneficial to you if you are pregnant, have had complications during your pregnancy or during childbirth and you are being harassed or discriminated against by your employer. It is imperative that you follow the proper protocol and file in a timely manner with the proper agencies and according to the law so time is of the essence in many cases.
Lubliner Law Firm is located in Tampa, Florida and represents both employers and employees in discrimination and labor and employment disputes in Tampa Bay including those in Hillsborough, Pinellas, Pasco, Polk, Manatee, Marion and Sarasota counties.