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Employers in Florida and across the U.S., for that matter are prohibited from discriminating against someone because of pregnancy. However, this doesn’t mean employers are required to give pregnant applicants special treatment either. In some rare cases, an employer might make a legitimate business decision not to hire a pregnant applicant without it being discriminatory.
That said, most employers would be wise to proceed with caution. Even if the intent isn’t discriminatory, refusing to hire someone who is pregnant can easily lead to the appearance or allegation of discrimination. Pregnancy should not be a factor in hiring decisions unless there’s a clear, legally justifiable reason one unrelated to the pregnancy itself.
It’s legal for your employer to cut your hours only if the employer has a legitimate, non-discriminatory reason for doing so. For example, if you receive a physician-ordered lifting restriction, and the essential functions of your job require heavy lifting, the employer may have grounds to adjust your role. But that depends heavily on the actual demands of the job not just what’s written in the job description.
Consider this real-world example from a case we’ve handled. A waitress at a small restaurant was told she couldn’t lift more than 15 pounds due to her pregnancy. Her employer cited a job description stating she needed to lift up to 50 pounds. However, in her three months on the job, she had never actually been required to lift that much. What really mattered was the reality of the job, not the theoretical job description.
On top of all this, under the Pregnant Workers Fairness Act, employers are now required to make reasonable accommodations for pregnant employees. So, in this example, if the employee has other coworkers and only occasional heavy lifting is required, the expectation is that it would be reasonable to ask someone else to handle those tasks during the duration of the pregnant employee’s pregnancy.
Matt Romanik of Working For Workers has spent his legal career protecting the rights of Florida employees, including those facing pregnancy discrimination. Backed by years of experience and a deep understanding of federal and state employment laws, Matt has successfully advocated for clients whose hours were cut, duties reassigned, or job offers rescinded after announcing a pregnancy. They’ve seen firsthand how subtle biases can become serious legal violations.
If you believe your pregnancy is being unfairly used against you, don’t stay silent contact us today to learn your rights and take the next step.
Employers cannot change your job duties solely because you are pregnant. Any adverse action, such as reducing hours or changing responsibilities based purely on pregnancy, would be considered discriminatory. However, if there is a legitimate, business-related reason for adjusting duties that has nothing to do with the employee’s pregnancy, the employer may have more flexibility. But again, pregnancy cannot be the motivating factor for that change.
Unless you are medically unable to perform the essential functions of your job and no reasonable accommodation can be made your employer should not force you to take unpaid leave. Employers must be careful not to remove pregnant workers from the workplace unless there is a clear, job-related reason backed by medical evidence or unavoidable business necessity.
The first step is to address the issue internally politely and professionally. This includes:
If the situation isn’t resolved internally, the next step would be to contact an external agency such as the Equal Employment Opportunity Commission (EEOC) to formally file a complaint and trigger an investigation.
A common but often overlooked sign is the hyper-scrutiny of pregnant employees. This may show itself as:
In many cases, employers anticipate potential inconvenience due to pregnancy-related absences, complications, or childbirth, and they begin treating the employee differently as a result. This kind of targeted scrutiny can be a form of discrimination even if it’s subtle or indirect.
Still Have Questions? Ready To Get Started?
For more information on pregnancy discrimination at work, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.
Matt Romanik of Working For Workers has spent his legal career protecting the rights of Florida employees, including those facing pregnancy discrimination. Backed by years of experience and a deep understanding of federal and state employment laws, Matt has successfully advocated for clients whose hours were cut, duties reassigned, or job offers rescinded after announcing a pregnancy. They’ve seen firsthand how subtle biases can become serious legal violations.
If you believe your pregnancy is being unfairly used against you, don’t stay silent contact us today to learn your rights and take the next step.
