The Hard Lesson Brown & Brown Learned about Pregnancy Discrimination
Pregnancy discrimination is still a major issue in the United States and particularly in Florida, which ranked eighth for the highest share of charges relative to the number of women in the workforce between 2011 and 2015. In one recent case in Daytona Beach, a job offer was withdrawn by a brokerage firm when they found out the job applicant was pregnant.
Fired from your job because you are pregnant?
Discover how to protect your rights with our free guide.
GET YOUR COPY
Equal Treatment for Pregnant Employees During the Hiring Stage
According to the Equal Employment Opportunity Commission (EEOC), in 2015 Brown & Brown Insurance Brokerage Firm made a written job offer to the job applicant, along with start dates and an employment agreement for the position of “personal lines technical assistant” at its Daytona Beach office.
After the offer was made, the applicant expressed her interest through email and inquired if she could ask some questions about the position. A couple of hours later she spoke to the department leader’s assistant and asked about maternity benefits because she was pregnant. According to the suit, the assistant promptly informed the department leader about the candidate’s pregnancy. Minutes later the applicant received an email that retracted the job offer, saying that the firm “had a very urgent need to have somebody in the position long term . . . We appreciate you telling us beforehand.”
As a result of the rescinded offer, the applicant brought a case against Brown & Brown for pregnancy discrimination, which violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC first attempted to reach a pre-litigation settlement through its conciliation process, but when that was unsuccessful, it filed suit in U.S. District Court for the Middle District of Florida, Tampa Division.
Brown & Brown eventually reached a settlement with the plaintiff, agreeing to pay $100,000 and providing significant relief, which includes adopting a policy addressing pregnancy discrimination. The firm will provide training on sexual discrimination, and specifically pregnancy discrimination, to its managers, supervisors, and HR personnel at its Daytona Beach location and all of its employees throughout Florida. In addition, the firm will be required to provide information as it relates to pregnancy discrimination complaints to the EEOC during a two-year monitoring period.
The Pregnancy Discrimination Act mandates that pregnant employees or job applicants have to be regarded in the same manner as non-pregnant employees or applicants who have the same ability or inability to work. As EEOC Miami District Regional Attorney Robert Weisberg stated,
“The decision to hire should be based upon an applicant’s qualifications, not stereotypical assumptions about pregnancy, motherhood or other caretaking responsibilities.”
At Wenzel Fenton Cabassa, P.A., we advocate for equal treatment in the workplace and take discrimination seriously. Please access our Guide to Protecting Yourself Against Pregnancy Discrimination Guide today or call us to schedule your free consultation.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.
Related Posts
FREE HELP GUIDES
Dealing with unpaid wages, discrimination or wrongful termination? Get the information you need to protect your workplace rights. We offer employment law resources to help you fight for workplace justice.