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Pregnancy discrimination in Miami is a form of gender discrimination that is illegal under federal and state laws. It occurs when an employee or job applicant is treated unfairly or harassed by her employer, supervisor/manager, CEO, co-workers, vendors, clients/customers.
Or other non-employees because she is pregnant or expecting, recently gave birth, or is experiencing medical issues related to her pregnancy.
For the past 25 years, the experienced lawyers at the Derek Smith Law Group have helped victims of pregnancy discrimination, just like you, receive the compensation they deserve.
When an employee or job applicant is treated unfairly or harassed by her employer, CEO, supervisor/manager, co-worker, client/customer, vendor, or other non-employee because she is pregnant or expecting, recently had a baby, or is experiencing medical issues relating to her pregnancy, she may be the victim of pregnancy discrimination in the workplace. Pregnancy is one of the statuses that create a protected class of people.
Other protected classes include race, religion, gender, sex, military status, color, national origin, sexual orientation, citizenship, age, and disability. The law prohibits any type of discrimination relating to these classes, such as refusing to hire, termination, demotion, reduction in salary, harassment, denying promotions, and denying job opportunities
The Pregnancy Discrimination Act of 1978 (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination in the workplace based on pregnancy, medical conditions relating to pregnancy, or having just given birth. The law protects employees and job applicants in Miami businesses with 15 or more employees.
Under the Family Medical Leave Act (FMLA), employees who have worked with a company for at least 12 months and have worked at least 1,250 hours in that 12-month period are permitted to take up to 12 weeks unpaid leave from their place of work with the expectation their job or a comparable job will be there for them when they return. The company must have 50 or more employees working within 75 miles of the employee’s location. Pregnancy, giving birth and maternity leave are among the covered conditions the law applies to.
The Florida Civil Rights Act (FCRA) prohibits discrimination based on pregnancy for Florida employees and job applicants in businesses with 15 or more employees.
Pregnancy discrimination in the workplace may be difficult to prove if your boss is attempting to be coy about the reason you are being treated unfairly. However, there are ways to prove pregnancy discrimination in Miami through different types of evidence.
As stated before, pregnancy discrimination may be blatant or may be a bit more hidden. Some examples of pregnancy discrimination in Miami may include, but are not limited to:
PDA claims are handled by the Equal Employment Opportunity Commission (EEOC). In Florida, you have 300 days to file a claim with the EEOC, who will investigate the claim to determine that it falls under the guidelines of pregnancy discrimination. If it qualifies, you will receive a Right to Sue letter to allow you to file a lawsuit in federal court.
To file an FMLA claim, you must file the lawsuit in federal court within the 2-year time limit (for accidental violations) and 3-year time limit (for willful violations).
Under the FCRA, you have a time limit of 1 year to file a claim with the Florida Human Relations Commission (FHRC). Under Florida’s work-sharing agreement, if you file a claim with the EEOC or the FHRC, the claim will also be filed with the other governing agencies.
As a victim of pregnancy discrimination in Miami, you deserve compensation for your hardships and suffering during what should have been one of the most joyous times of your life. The courts may offer some of the following remedies for your claim:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
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Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
A pregnancy discrimination lawsuit in Miami may last anywhere from 4 to 6 months to a year or more, depending on the details of the case. If your employer is willing to negotiate a fair settlement prior to going to trial, your case may settle in as little as 4 to 6 months.
However, if your employer refuses to negotiate or wants to go to trial, preparing your case may take 8 months to a year or more. The trial may then take a few days to several weeks or more before a judgment is entered by the court.
You are likely overwhelmed with your new baby and all that is happening in your life. The thought of filing suit against your employer may be tempting but may be a little much to think about at the moment. Take some time to decide what you want to do. However, while you are making the decision, here are a few things you can do to help move your case along.
Pregnancy is full of wonder and surprises. Yet no one should ever have to wonder or be surprised by pregnancy discrimination in the workplace.
If you are the victim of pregnancy discrimination in Miami, our team of experienced lawyers at the Derek Smith Law Group can help.
Contact us today at (305) 946-1884 for a free consultation to learn your rights and get the financial compensation that you deserve. We do not collect any money until we help you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.
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