Miramar Pregnancy Discrimination Lawyer

Miramar Pregnancy Discrimination Attorney

Pregnancies are exciting. You’re anticipating the birth of a child, and that’s a beautiful thing. Unfortunately, some Florida employers don’t view it that way, leading them to discriminate against pregnant employees or job applicants. If you’ve found yourself in this position, it’s time to hire a Miramar pregnancy discrimination lawyer.

Trust The Law Office of Michelle Cohen Levy, P.A.

If you’re looking for a Miramar discrimination lawyer, look no further than The Law Office of Michelle Cohen Levy, P.A. Michelle Cohen Levy focuses her practice on employment law, including pregnancy discrimination. She has assisted many clients with their pregnancy discrimination cases and is very familiar with Florida’s pregnancy discrimination laws. If you’re unsure whether these laws apply to you, reach out. We can help.

Why Hire a Pregnancy Discrimination Lawyer?

In 2023, the state of Florida saw 221,410 live births, or 53.9 births per 1,000 women ages 15-44. Plenty of these births took place at Memorial Hospital Miramar, including an abnormally high number of cesarean sections. Florida ranks third in the nation for C-sections, with a cesarean birth rate of 36.67%. Thankfully, procedures like C-sections are covered under the federal Pregnancy Discrimination Act (PDA). A serious health condition arising from pregnancy, such as one requiring extended bed rest, may also be protected under the Family and Medical Leave Act (FMLA).

The problem is that even with the PDA in place, many employers continue to discriminate against pregnant employees and job applicants, both during their pregnancies and around the time of childbirth. If you’re experiencing this problem, you should hire a pregnancy discrimination lawyer right away, while the experience is still fresh in your mind. It can be hard to prove pregnancy discrimination, but having a skilled lawyer on your team can help.

Understanding the Pregnancy Discrimination Act

The PDA is an amendment to Title VII of the Civil Rights Act of 1964. Passed in 1978, it names pregnant women as a protected class and prevents employers from discriminating against them. The PDA applies to all employers with fifteen or more employees, including employment agencies. While some states have additional laws in place to protect pregnant workers, Florida defers to the federal PDA, which makes it illegal to treat workers unfairly because of:

• An employee or job-seeker’s pregnancy status
• A pregnancy-related health condition
• Any pregnancy-related prejudices held by coworkers, clients, or customers
• A perceived pregnancy, even if the worker is not actually pregnant
• The act of having, considering, or deciding against having an abortion
• Having a miscarriage or stillbirth

Employers are also required to provide certain pregnancy-related accommodations. They must provide the same benefits to single employees as they do to married employees who are expecting. Understanding your rights is the first step, which includes knowing how to formally request reasonable accommodations for pregnancy from your employer.

Banned Activities Under the PDA

The PDA bans certain activities, prohibiting employers from engaging in them to protect pregnant women. These activities include:

• Firing employees based on actual or perceived pregnancy status
• Refusing to promote a pregnant employee based on their pregnancy status
• Requiring employees to give notice of pregnancy without a legitimate business-related purpose
• Preventing pregnant employees from working if they are physically capable of all necessary tasks
• Demanding medical notes from a pregnant worker’s doctor, unless the employer also makes similar requests from employees with short-term disabilities
• Creating a hostile work environment by intimidating or harassing a pregnant employee
• Denying fringe benefits to pregnant workers that are offered to other employees

These are a few of the most common acts of discrimination covered under the PDA, but the list is not comprehensive. If you’ve faced unfair treatment based solely on your pregnancy status, the chances are good that you’ve experienced pregnancy discrimination.

The Rights of Pregnant Job Applicants

Job applicants also have certain rights under the PDA, as discrimination in hiring is illegal. Employers cannot:

• Ask job applicants about their pregnancy status
• Ask illegal interview questions of pregnant applicants
• Offer different terms and conditions of employment to pregnant applicants

Employers are not allowed to single out pregnancy-related conditions as a means of determining a job applicant’s ability to work. If you have a question about your particular situation, contact The Law Office of Michelle Cohen Levy, P.A.

FAQs

Is It Hard to Win a Pregnancy Discrimination Case?

It is hard to win a pregnancy discrimination case in Miramar, Florida because employers rarely admit to the discriminatory act, and proving you’ve been discriminated against requires evidence. You can increase your chances of winning your case by working with a skilled Miramar pregnancy discrimination attorney who can help you show a pattern of unfair treatment through direct or circumstantial evidence.

How Much Is a Pregnancy Discrimination Lawsuit Worth?

How much a pregnancy discrimination lawsuit is worth depends on a variety of factors, including the strength of the evidence, the employer’s exact conduct, and the damages you’ve suffered, including both economic damages like lost wages and non-economic damages like emotional distress. The size of your employer can also influence how much a pregnancy discrimination lawsuit is worth.

What Is the Pregnancy Discrimination Act in Florida?

The Pregnancy Discrimination Act in Florida is the federal Pregnancy Discrimination Act of 1978. The PDA applies to all employers with 15 or more employees, prohibiting them from discriminating against employees based on pregnancy status, childbirth, or any related medical condition. Under the PDA, pregnant employees must be treated the same as any other employee with a similar temporary disability.

What Qualifies as Pregnancy Discrimination?

Things that qualify as pregnancy discrimination include any action by which an employer treats a pregnant employee or job applicant less favorably as a result of her pregnancy or a related medical condition. Employers must also provide accommodations for pregnancy-related limitations, so a failure to do so can also qualify as pregnancy discrimination.

Your Miramar Pregnancy Discrimination Lawyer

If you’re concerned that you may have been discriminated against at work based on your pregnancy status, you should hire a Miramar pregnancy discrimination lawyer. You can trust The Law Office of Michelle Cohen Levy, P.A., to help. As a solo lawyer, Michelle Cohen Levy takes a personalized, hands-on approach to every case. The team at our law office prides itself on offering accessible services.  Contact us today.