Florida Courts are Split on Pregnancy Discrimination Lawsuits

Different courts in Florida handle pregnancy discrimination lawsuits differently. Some women may not be protected against discrimination in the workplace.

2012-12-01

December 01, 2012 (Press-News.org) Recently, a former "The Price Is Right" model sued for pregnancy discrimination. The California court awarded her $7.7 million in punitive damages. She had previously been awarded $777,000 in actual damages due to the discrimination. The woman alleged that the show's producers were angry to hear of her pregnancy and ignored her when she tried to return to work after giving birth. Luckily, California recognizes pregnancy discrimination.

Florida women who are victims of pregnancy discrimination may have a more difficult time. In Florida, courts weigh the issues of pregnancy discrimination differently in different areas of the state. Although pregnancy discrimination is a federal offense, it is not technically illegal under Florida state laws.

Pregnancy discrimination is not against Florida law

Pregnancy discrimination is not specifically listed as a type of discrimination in Florida law. The state law only prohibits workplace discrimination on the grounds of "race, color, religion, sex, national origin, age, handicap, or marital status."

Recently in a case in the 3rd District Court of Appeal in Miami, a pregnancy discrimination lawsuit was dismissed for this reason. The complainant was instructed to bring her case to federal court but she dropped the lawsuit instead, despite the fact that legal experts believe she had a solid case of workplace discrimination.

Proving pregnancy discrimination in Florida

However, some Florida state courts have ruled on pregnancy discrimination cases despite a concrete law on the issue by using other Florida laws to prove discrimination.

In one 2008 case in the 4th Circuit in West Palm Beach, the court claimed that Florida law does make pregnancy discrimination illegal because this type of discrimination falls under laws regarding sex discrimination. Another case in the 1990s claimed pregnancy discrimination was covered by Florida law because Florida's Human Rights Act was modeled after Title VII of the Civil Rights Act. As a result, the Civil Rights Act was altered in 1978 to include pregnancy discrimination.

No clear answer

As long as Florida law remains without a clear position regarding pregnancy discrimination, this will continue to be a problem for women who work. If you have been a victim of pregnancy discrimination or any other type of discrimination in the workplace, seek legal advice. An attorney with a background in discrimination cases can help you get compensation you have been denied. No one deserves to be a victimized by workplace discrimination.

Article provided by Feldman Morgado, P.A.
Visit us at www.floridatrialattorneys.net/

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