Pregnancy should be a joyous adventure for the mother, but unfortunately there are times when issues are raised in the workplace. Although it’s a terrible truth, many women find themselves discriminated against in their workplaces for being pregnant. The discrimination may be blatantly spoken or it may come in the form of being promised a job back after maternity leave and then that job not actually being available upon the woman’s return. Instead, a woman might find her position and pay lowered after she returns from maternity leave. If you are discriminated against please contact our experienced employment law attorneys (link contact).
We handle a wide range of employment law matters, including:
- Race discrimination (Title VII)
- Disability discrimination (ADA)
- Gender discrimination and sexual harassment (Title VII)
- Age discrimination (ADEA)
- Retaliation claims
- Family Medical Leave Act (FMLA)
- Occupational Safety and Health Act (OSHA)
- Other illegal and wrongful termination claims
Answering questions regarding discrimination on the basis of pregnancy
In Gainesville and North Central Florida the pregnancy discrimination attorneys of Massey & Duffy, PLLC represent clients who have been harassed in the workplace. Our legal team is dedicated to providing knowledgeable legal representation in the field of employment law. We take the time to fully understand all aspects and locate all factors which contributed to your discrimination claim in order to determine which avenues to pursue. Rest assured that our employment lawyers will listen carefully and review the unique circumstances of your case.
Gainesville, Ocala, Lake City & North Florida pregnancy discrimination attorneys
The Pregnancy Discrimination Act is a U.S. Federal Statute which amended Title VII of the Civil Rights Act of 1964. In this modification, sex discrimination on the basis of pregnancy is prohibited. There are agencies in place, the EEOC and FCHR, which investigate these charges. Pregnancy discrimination at work can take many forms, some of which can be very subtle. Moreover, the laws in this area are quite complex and include but are not limited to Fla. Stat. Sec. 760 and Title VII. The elements of a prima facie case in a pregnancy discrimination action are: (1) that the Plaintiff is member of a protected class (a pregnant female); and, (2) that she satisfactorily performed the duties required by her position; and, (3) that she was discharged; and (4) that the discharge occurred under circumstances giving a rise to an inference of discrimination. Quaratino v. Tiffany & Co., 71 F.3d 58, 64 (2d Cir. 1995); Lacoparra v. Pergament Home Centers, Inc., 982 F.Supp. 213 (S.D.N.Y. 1997); Dumoulin v. Formica, 968 F.Supp. 68 (N.D.N.Y. 1997).
Damages available in a pregnancy discrimination act case
Florida Statutes §760.10(1) states in pertinent part:
It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire an individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges or employment, because of such individuals race, color, religion, sex, national origin, age, handicap or marital status.
42 U.S.C. § 2000e(k) reads in pertinent part:
The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title shall be interpreted to permit otherwise.
Together, those statutes permit a Plaintiff to demand judgment against a Defendant in the form of economic damages, including back pay with pre-judgment interest, front pay or reinstatement, damages for emotional distress, humiliation, embarrassment and inconvenience, punitive damages, attorney’s fees and costs, pre-judgment and post-judgment interest, and any other such relief that the Court deems just and proper.
More information regarding pregnancy discrimination
- Equal Employment Opportunity Commission Pregnancy Discrimination (http://www.eeoc.gov/laws/types/pregnancy.cfm)
- United States Department of Labor Family and Medical Leave Act (http://www.dol.gov/whd/fmla/)
- Title VII of the Civil Rights Act (http://www.eeoc.gov/laws/statutes/titlevii.cfm)
Contact us today to schedule your free consultation
The firm of Massey & Duffy, PLLC, urges all women who feel that they have experienced pregnancy discrimination or any other type of workplace discrimination to document any incidents and contact us as soon as possible. All initial consultations are free and confidential. As part of our commitment to our clients, we always provide personalized and caring service. At the law firm of Massey & Duffy, we have a philosophy of respect and integrity coupled with an uncompromising pursuit of justice. These values are demonstrated every day in the way we practice law. Our clients can rest assured that we will represent them aggressively and with the compassion that they deserve. If you have a legal issue, please contact our Gainesville Florida employment lawyers today. Our lawyers represent people with all types of employment discrimination matters.