Federal guidance updated to reflect increased protections for pregnant employees

Pregnancy discrimination continues to be a major workplace issue, but recent updates from the U.S. Supreme Court and the Equal Employment Opportunity Commission (EEOC) have strengthened protections for pregnant employees. If you are pregnant and working in Florida, it is important to understand your rights under the Pregnancy Discrimination Act (PDA).

The Young v. UPS Case and Its Impact

In the landmark case Young v. UPS, the Supreme Court set a new standard for claims under the Pregnancy Discrimination Act. This case involved a pregnant worker who was denied a light-duty assignment that was available to other employees with similar work restrictions. The Court held that even if an employer has a ‘neutral’ policy, it can still be considered discriminatory if it places a significant burden on pregnant employees without a strong justification.

EEOC Updated Guidance on Pregnancy Discrimination

Following the Young decision, the EEOC updated its Enforcement Guidance on Pregnancy Discrimination and Related Issues. The guidance makes it clear that employer policies that do not facially discriminate on the basis of pregnancy may still violate the PDA if they impose significant burdens on pregnant employees that cannot be supported by a sufficiently strong justification.

What This Means for Pregnant Employees in Florida

These updates provide stronger protections for employees across Florida. If you are pregnant and need accommodations such as light duty, schedule adjustments, or other workplace modifications, your employer may be required to provide them, especially if those same accommodations are given to other employees with similar limitations. Employers who deny accommodations, reduce your pay, or retaliate against you for requesting help may be violating federal law.

Additional Federal Protections: The PWFA, PUMP Act, ADA, and FMLA

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, expands federal protections for employees with pregnancy-related limitations. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. That is, unless doing so would cause undue hardship on the employee.

Examples of reasonable accommodations may include extra restroom breaks, temporary reassignment of heavy lifting, allowing sitting instead of standing, or modified schedules. Importantly, employers cannot force an employee to take unpaid leave if another accommodation would allow her to keep working.

PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers)

The PUMP Act, enacted in December 2022, strengthens protections for lactating and breastfeeding employees. It requires nearly all employers covered by the Fair Labor Standards Act (FLSA) to provide:

• Reasonable break time for up to one year after the child’s birth to express milk
• A private, non-restroom space shielded from view and free from intrusion.
• Employers with fewer than 50 employees may claim exemption only if compliance causes undue hardship. Failing to provide a private space or break time can result in back pay, liquidated damages, and reinstatement.

How the ADA May Apply to Pregnancy

While pregnancy itself isn’t considered a disability, certain pregnancy-related conditions, such as gestational diabetes, preeclampsia, or complications requiring work restrictions, may qualify as disabilities under the Americans with Disabilities Act (ADA). Employers with 15 or more employees must provide reasonable accommodations to help affected employees perform their job duties, such as modified schedules, temporary light duty, or telework.

Family and Medical Leave Act (FMLA)

Under the FMLA, eligible employees (those who have worked at least 12 months and 1,250 hours for an employer with 50 or more employees within 75 miles) are entitled to up to 12 weeks of unpaid, job-protected leave for childbirth, bonding, or serious health conditions related to pregnancy. Employers cannot retaliate against employees for taking or requesting FMLA leave.

Proving Pregnancy Discrimination Under the PDA

To establish a prima facie case of pregnancy discrimination, employees typically must show:

1. You are pregnant.
2. You requested an accommodation.
3. Your request was denied.
4. Your employer accommodated others who were similar in their ability or inability to work.

If you meet these criteria, you may have a valid claim under the Pregnancy Discrimination Act.

Statute of Limitations

If you believe your rights were violated under these laws, you must act quickly:

• EEOC claims (PDA, ADA, PWFA): must be filed within 300 days of the discriminatory act.
• FMLA claims: generally two years, or three years if the violation was willful against the employee.
• PUMP Act violations: follow FLSA timelines for typically two years, or three years for willful violations.

Get Legal Help Today

If you believe you are facing pregnancy discrimination or if your employer has denied accommodations, contact Wenzel Fenton Cabassa, P.A. for a free, confidential case review.

Our team has decades of experience fighting for the rights of Florida employees. We have offices in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach to serve you.

Frequently Asked Questions About Pregnancy Discrimination

Can My Employer Fire Me for Being Pregnant in Florida?

Terminating an employee because she is pregnant is illegal under the Pregnancy Discrimination Act. Employers cannot lawfully fire or demote someone due to pregnancy.

What Are My Rights if I Need Light Duty While Pregnant?

If your employer provides light-duty work to non-pregnant employees with similar limitations, they cannot deny it to you simply because you are pregnant.

What Is Pregnancy Discrimination Under the PDA?

Pregnancy discrimination includes any unfavorable treatment in hiring, firing, pay, job assignments, promotions, layoffs, or accommodations based on pregnancy, childbirth, or related medical conditions.

Can My Employer Reduce My Pay if I Request Pregnancy Accommodations?

Reducing your pay as punishment for requesting accommodations may constitute unlawful discrimination or retaliation. You should consult an attorney immediately if this happens.

What Should I Do if My Employer Denies My Request for Pregnancy Accommodation?

Document the denial, keep all communications, and contact an employment lawyer. You may have grounds to file a claim under the Pregnancy Discrimination Act.