The Unsettled State of Pregnancy Discrimination Claims Under the Florida Civil Rights Act of 1992

In Florida, employment discrimination laws protect workers from being treated unfairly because of their sex, but there is a debate about whether this includes protections for pregnant women. Federal law specifically prohibits discrimination based on pregnancy, but Florida’s law does not. This has led to a disagreement among courts about whether women can sue for pregnancy discrimination in Florida. The case of O’Loughlin v. Pinchback caused confusion about whether Florida law protects people from being fired because of pregnancy. Some courts said it does, while others said it doesn’t. This has led to a split in authority, with some federal courts allowing pregnancy discrimination claims and others not. As a result, it may be easier to defend against pregnancy discrimination claims in Florida’s courts, and it may be safer for lawyers to file claims in federal court under federal laws instead of Florida laws. These citations refer to laws that protect people from discrimination in the workplace based on factors like race, religion, and sex. The Florida law is similar to the federal law, but there are some differences. Court cases have upheld the idea that Florida laws that are the same as federal laws should be interpreted the same way. Additionally, there is a law that says discrimination based on pregnancy is also illegal. This law was passed in response to a Supreme Court case. The law says that it’s illegal to discriminate against pregnant employees. This is supported by court cases and government regulations. In Florida, there is still some debate about whether pregnancy discrimination is covered by the law. In one case, a woman was wrongfully fired because she was pregnant, and the court said she should be given back pay. This text discusses court cases where pregnant women filed discrimination suits in Florida under the Florida Human Rights Act. Some cases found that the Act did provide protection for pregnant women, while others did not. The cases show that pregnant women can file discrimination suits under state law in Florida, not just federal law. The Fourth District court held that Florida statutes must be interpreted in the same way as federal statutes, and that the Florida Legislature wants the statute to be liberally interpreted for victims of employment discrimination. Other Florida courts have also cited this holding in cases involving pregnancy discrimination. Federal district courts in Florida have had differing opinions on the issue. Some federal courts have allowed claims for pregnancy discrimination under the Florida Civil Rights Act, while others have not. In Florida, the courts have ruled that the state’s discrimination law does not provide protection against pregnancy discrimination. This means that if someone believes they have been discriminated against at work because of a pregnancy, they cannot sue under this state law. This information comes from a lawyer named Donna L. Eng, who is experienced in handling legal cases.

Source: https://www.floridabar.org/the-florida-bar-journal/the-unsettled-state-of-pregnancy-discrimination-claims-under-the-florida-civil-rights-act-of-1992/