What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employee is treated unfairly in the workplace because of pregnancy, childbirth, or related medical conditions. This type of discrimination is prohibited under federal law, including the Pregnancy Discrimination Act (PDA), and under the Florida Civil Rights Act (FCRA). Employers in Miami are required to treat pregnant workers the same as others with temporary medical conditions and to provide reasonable accommodations when needed.
Unfortunately, many women still face bias in the workplace once they announce a pregnancy. They may be sidelined from projects, denied promotions, or excluded from opportunities for advancement simply because of outdated stereotypes about their abilities or commitment.
Examples of Denied Opportunities
Pregnancy discrimination is not always obvious, but it often shows up in career development and advancement. Some common examples include:
- Missed promotions – A pregnant employee is passed over for advancement even though she is equally or more qualified than others considered.
- Removed from projects – Pregnant employees may be taken off high-profile assignments based on assumptions they will not be able to handle the workload.
- Denied training or development – Employers may refuse to invest in training or leadership programs because they assume the employee will not return after maternity leave.
- Passed over for raises – Salary increases and bonuses may be withheld, limiting long-term earning potential.
- Exclusion from decision-making – Pregnant employees may be left out of meetings or leadership opportunities that could advance their careers.
Your Rights Under Federal and Florida Law
Employees in Miami have strong protections against pregnancy discrimination. Your legal rights include:
- Equal treatment – Employers must evaluate pregnant employees for promotions, raises, and projects based on merit, not assumptions about their condition.
- Reasonable accommodations – Adjustments such as modified duties, flexible schedules, or short breaks must be considered.
- Job security – Employers cannot fire or demote an employee simply because she is pregnant or planning maternity leave.
- Protection from retaliation – Employees who assert their rights cannot legally be punished for speaking up.
- Leave protections – If eligible, employees may take up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Steps to Take if You Face Pregnancy Discrimination
If you have been denied opportunities at work because of pregnancy, you can take action to protect your career and your rights:
- Document what happened – Keep a record of missed opportunities, comments, and treatment compared to coworkers.
- Check your company policies – Many employers have anti-discrimination and maternity leave policies in place.
- Report internally – Notify HR or your manager if you feel comfortable. Employers are required to investigate complaints.
- File a formal complaint – You may file with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
- Seek legal guidance – An attorney can help you understand your options, negotiate with your employer, or take your case to court if necessary.
How Attorney Richard Guzman Can Help
Richard Guzman is an experienced Miami attorney who represents employees in pregnancy discrimination cases. He provides:
- Case evaluations to determine if your rights were violated
- Representation before agencies like the EEOC and FCHR
- Negotiation with employers to secure fair treatment and compensation
- Litigation support to hold employers accountable when necessary
Richard works closely with clients to protect their jobs, careers, and financial security.
Pregnancy Discrimination FAQs
Can my employer deny me a promotion because I am pregnant?
No. Denying promotions or advancement opportunities based on pregnancy is illegal under federal and Florida law.
What if I need accommodations during my pregnancy?
Employers must provide reasonable accommodations, such as modified duties, unless doing so would cause undue hardship.
Can I be fired for requesting maternity leave?
No. Termination for taking or requesting maternity leave is unlawful.
What should I do if I’m excluded from training or projects because of pregnancy?
Document the exclusion and speak with HR. If the issue persists, consult with an employment attorney.
What remedies are available if I win my case?
You may be entitled to reinstatement, back pay, promotion opportunities, emotional distress damages, and attorney’s fees.