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Pregnancy Discrimination

Mark J. Berkowitz

Fort Lauderdale
Pregnancy Discrimination Attorney

Mark J. Berkowitz

The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act of 1964 by broadening its sex discrimination definitions to include pregnant women. The Florida Civil Rights Act prohibits discrimination based on sex, but does not expressly address discrimination based on pregnancy. Any negative consequence at the workplace due to a pregnancy should be explored with a Fort Lauderdale pregnancy discrimination attorney.

Legal Protection

Under federal law, discrimination is prohibited on the basis of pregnancy, childbirth or related medical conditions. Accordingly, as a Fort Lauderdale discrimination lawyer explains, that means a pregnant woman has the right to be treated in the same manner as other employees or job applicants in similar employment positions.

Hiring

As often is the case in discrimination claims, the matter is very fact-specific. For example, it may not be illegal for an employer to deny a pregnant woman a job if she could not perform the essential functions due to her pregnancy. In contrast, a Fort Lauderdale discrimination attorney indicates that if the employer chose not to hire a pregnant woman who was capable of doing the job solely on the basis of pregnancy that would likely be unlawful.

Becoming Pregnant After Hire

If a woman becomes pregnant and remains able to perform the job duties, she cannot be forced to leave but must be allowed to work as long as she is able. And as a Fort Lauderdale discrimination lawyer emphasizes, if at some point she no longer is able to perform certain job-related duties due to the pregnancy, her employer may not treat her differently than any other temporarily disabled employee.