Miami Pregnancy Discrimination Attorneys

Fighting For Pregnancy Discrimination Victims in Florida

Many women have faced pregnancy discrimination when applying for jobs or after obtaining them. This type of discrimination may be based on pregnancy, childbirth, or a pregnancy-related medical condition. Under federal, state, and local laws, pregnant employees must be treated in the same way as non-pregnant employees. If you were harmed by pregnancy discrimination at a Miami workplace, you should discuss your situation with a Miami pregnancy discrimination attorney at Phillips & Associates, PLLC. We have many years of experience building strong cases and recovering verdicts or settlements on behalf of clients who were subjected to pregnancy discrimination.

Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our pregnancy discrimination lawyers in Miami.

Laws Protecting 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 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 lawyer 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 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.

Common Questions About Pregnancy Discrimination 

What Are Common Signs of Pregnancy Discrimination?

Pregnancy discrimination can manifest in numerous subtle or overt ways. It often includes demotions, reduced work hours, exclusion from meetings or projects, or suddenly receiving negative performance reviews. You might notice a shift in attitude from supervisors or colleagues, or your employer may pressure you to adjust your role or responsibilities ostensibly for your good. Recognizing these signs early is crucial in mitigating potential harm to your career. Documenting each incident and seeking advice from an employment attorney can help clarify if these actions constitute discrimination.

How Do I File a Discrimination Claim in Miami?

Filing a discrimination claim in Miami typically begins with contacting the Equal Employment Opportunity Commission (EEOC) or the Miami-Dade Commission on Human Rights. First, gather substantial evidence reflecting discriminatory practices, such as emails, witness statements, and documentation of employer communication. File a charge promptly, as there are statutory deadlines for reporting. An initial investigation by these bodies assesses the validity of your claims. Depending on their findings, the claim might proceed to mediation or court. Consulting with a local attorney provides clarity and direction tailored to your situation.

What Should I Do if I Experience Retaliation?

Retaliation can be an unlawful reaction by an employer against an employee who has filed a complaint or sought to exercise their rights. It’s crucial to record every instance of retaliatory behavior thoroughly. This includes documenting negative comments, unfair job assignments, or unjust disciplinary measures following your complaint. You should immediately report this retaliation to your attorney or the appropriate legal body, as it can form the basis for additional claims. At Phillips & Associates, PLLC, we are committed to safeguarding your rights and guiding you through every legal step to remedy retaliatory actions.

Can My Employer Demote or Reassign Me Because I am Pregnant?

Under both federal and state laws, demoting or reassigning an employee based on pregnancy status constitutes unlawful discrimination. Employers are required to treat pregnancy like any other temporary disability, offering reasonable accommodations without penalizing the pregnant employee. Employees must maintain a written record of conversations and incidents that demonstrate the employer's bias if this occurs. Moreover, we advise seeking a legal consultation to explore your rights and determine the best action to counteract these illegal actions.

What Resources Are Available for Pregnant Employees in Miami?

Miami offers various resources to support pregnant employees, from legal aid services to community health organizations. The Miami-Dade Commission on Human Rights provides guidance and support for filing discrimination claims, while local non-profits can offer counseling and advocacy. The Florida Department of Health also provides comprehensive programs for prenatal care and maternal health. Access to these resources can strengthen your understanding of your rights and help you navigate employment challenges while pregnant.

Contact Our Miami Pregnancy Discrimination Lawyer Today

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. Contact us today 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.

Contact Phillips & Associates, PLLC, at (866) 229-9441 to get started with our Miami pregnancy discrimination attorneys.

Related Reading:

Reasonable Accommodations for Pregnancy in Miami
Wrongful Termination Based on Pregnancy in Miami