Fighting Back Against Pregnancy Discrimination
Every employee in Florida has the right to a workplace free from discrimination, but many types of workplace discrimination happen throughout the United States each year, including pregnancy discrimination. If you or a loved one has experienced this mistreatment in your workplace, you need to speak with a Fort Lauderdale pregnancy discrimination lawyer as quickly as possible to discuss your legal options.
Representing Victims of Pregnancy Discrimination in Fort Lauderdale, FL
Many women who become pregnant while working are surprised to learn that their pregnancy puts them in a protected class of people in this country. They may be even more surprised to learn there is a legal act in place that offers them legal protections. It is the Pregnant Workers Fairness Act and it became law in 2023.
I am attorney Michelle Cohen Levy, and I am here to protect you from pregnancy discrimination and answer any questions you may have. Before you meet with me at The Law Office of Michelle Cohen Levy, P.A., I wanted to answer some of the more common questions about pregnancy discrimination.
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) is a law that requires most employers to provide their pregnant workers with reasonable accommodations to any limitations they are experiencing with their pregnancy, birth, and medical needs, as long as it does not result in an “undue hardship” for the business.
When did enforcement of the PWFA begin?
There is a reason that you may not have heard about this law regarding employees, as it is not very old. PWFA is a new law that only went into effect on June 27, 2023. While this law is quite new, employers are still required to comply with it completely. An employer cannot use the excuse that the law is too new to justify any failure to comply with the law. If you believe your employer violated the PWFA, you need to speak with an attorney.
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Who is protected by the PWFA?
The PWFA protects anyone working for a business that has at least 15 employees, and also has medical limitations related to their pregnancy, childbirth, or other conditions. The PWFA aims to set clear expectations and requirements for applicable employers and to provide legal protections to pregnant employees if they are denied reasonable accommodations or otherwise treated unfairly.
What does the PWFA prohibit?
Employers throughout the United States have various requirements under the PWFA, and this law also includes clear terms and conditions pertaining to prohibited employer activities. The PWFA prohibits employers from:
- Forcing any reasonable accommodation onto an employee without prior discussion
- Denying career advancement based on needed accommodations
- Mandating that an employee has to take leave if an accommodation can allow that employee to continue working
- Retaliating against anyone requesting accommodation or violating an employee’s rights under the PWFA
The PWFA effectively expands on existing anti-discrimination laws in the United States that apply specifically to pregnant women. If you are unsure whether an employer has violated the PWFA, it is important to consult a Fort Lauderdale pregnancy discrimination lawyer as quickly as possible.
What are examples of reasonable accommodations under the PWFA?
“Reasonable accommodations” are any changes that an employer can make to help a protected worker without limiting the performance of the business. Examples of these accommodations include:
- A closer parking spot
- Flexible working hours
- Additional bathroom opportunities
- Granting time off
While employers are required to provide reasonable accommodations to qualifying employees, they are not obligated to provide any accommodation if it comes at a great expense or difficulty to the employer. If there is any dispute about whether a requested accommodation would be unreasonable for the employer, your attorney can review the details of the situation and explain your options for resolving the issue.
Building a Pregnancy Discrimination Case in Fort Lauderdale
If you believe you have grounds to file a pregnancy discrimination case in Fort Lauderdale, it is important to connect with an experienced attorney right away. Before you can file a suit against your employer, you will need to submit a complaint to the Equal Employment Opportunity Commission (EEOC), explaining the nature of the discrimination you have experienced and the results of this behavior.
The EEOC is responsible for enforcing US ant-harassment and anti-discrimination laws in all workplaces. Once you submit your claim, the EEOC will investigate and determine whether you have grounds for legal recourse against your employer. During their investigation, they may reach out to you and your employer for more information. Any employer who refuses to comply with an EEOC investigation can face severe penalties.
When the EEOC approves your claim, your Fort Lauderdale pregnancy discrimination lawyer can assist you with taking the next steps in your case. They can determine what damages you are eligible to claim from the defendant and build a strong case for you. It’s possible to resolve a discrimination case through private settlement negotiation or through litigation, and there are potential advantages and disadvantages with either option.
What to Expect From Your Fort Lauderdale Pregnancy Discrimination Lawyer
The Law Office of Michelle Cohen Levy, P.A., can provide compassionate and responsive legal counsel for all aspects of your case. Our firm takes time to learn as much as we can about each client we represent so we can address their individual needs and concerns. We can help you prepare your EEOC complaint, address any issues you encounter with their inquiry, and assist you with taking the next steps in your case after they have approved your claim.
Our goal for every client is to help them hold employers accountable for their discriminatory actions and to recover compensation for damages our clients have suffered. It is important to start building your pregnancy discrimination case as quickly as possible following the most recent incident of discrimination you have experienced, and our team is ready to assist you with filing your claim.
FAQs
Yes, it is possible to claim compensation for pregnancy discrimination. Your Fort Lauderdale pregnancy discrimination lawyer can determine what damages you may be able to recover if you succeed with your claim, such as compensation for lost income and lost benefits, increased medical expenses due to wrongful termination, and compensation for emotional distress. Many factors can influence the final value of a discrimination claim.
In order to file a pregnancy discrimination claim in Fort Lauderdale, you will need to submit a complaint to the EEOC. They will review the details of your complaint and determine whether you have grounds for legal recourse. If they determine that discrimination has indeed occurred, they will provide guidance on the next steps to take. The EEOC may initiate legal action against an employer or provide the claimant with a Notice of Right to Sue.
It can seem difficult to prove pregnancy discrimination. Employers who knowingly engage in discriminatory practices typically take steps to conceal the motivations behind their actions, but this does not mean there won’t be any evidence you can use to substantiate your case. An experienced Fort Lauderdale pregnancy discrimination lawyer can assist you with gathering the evidence you will need to hold an employer accountable.
The time it could take to resolve a pregnancy discrimination case depends on multiple factors. It may take a while to receive a determination from the EEOC, and once they have approved a claim, the claimant will need to proceed with a suit against their employer. Some of these cases can be resolved through private settlement, while others must be resolved through litigation. Your attorney can estimate your case’s likely timetable.
You should hire a Fort Lauderdale pregnancy discrimination lawyer because you are significantly more likely to succeed with this type of case when you have legal representation. You are also more likely to maximize any compensation you receive. The right attorney can streamline your case proceedings and uncover all the various forms of compensation you are eligible to claim from the defendant.
Get More Answers With Me
The Law Office of Michelle Cohen Levy, P.A., is ready to assist you with your pregnancy discrimination case in Fort Lauderdale. I am proud to offer my legal services to clients throughout Florida, and I am eager to help you through your PWFA needs. Call me at 954-651-9196 or email me to schedule your initial consultation today to begin discussing if you are being discriminated against for lack of reasonable accommodation or answering any other questions.