The Pregnancy Discrimination Act of 1978 (PDA) protects pregnant women from being discriminated against based on their pregnancy. The law states that pregnant women must be treated the same as other employees. However, this law only applies to companies that are larger than fifteen people. Where does that leave women working for small businesses? While […]

How Employers Discriminate Against Pregnant Women
It doesn’t take a law degree to know that getting terminated from your job based merely on announcing your pregnancy is wrong. That situation has the potential for discrimination. If your company is larger than fifteen people, your rights are protected by the Pregnancy Discrimination Act (PDA). However, termination is not the only way pregnant […]

I Just Got Fired. Now What?
Getting terminated from a job is very stressful. Not only do you have financial concerns but your pride suffers as well. It hurts to be told, “this just isn’t working out”. While Florida is an at-will state, and you can be fired at any time, there are several reasons employers can’t fire you. Knowing these […]

The Best Time to Tell Your Employer You’re Pregnant
Your employer cannot discriminate against you because you’re pregnant. You can’t be turned down for promotions or projects, or terminated based solely on your pregnancy. However, some employers push the anti-discrimination law to its outer limits. If you think your employer will react badly to your happy news, announce it at the best possible time […]

Can I Be Denied Employment for Refusing to take a Drug Test?
The short answer is yes. An employer can decide not to hire someone based on refusal of a drug test as long as that is the sole reason and not because they are part of a protected class. This denial must apply to all job candidates as a company policy. Since drug testing laws fall […]

What is Workplace Discrimination and How to Fight Back
Florida is an at-will state and employees may be fired at any time with little to no cause. However, workplace discrimination is not included in at-will terminations. If you’ve been a victim of workplace discrimination, you can – and should – fight back. What is Workplace Discrimination? Workplace discrimination includes any “adverse employment action” (including […]

Get Your Facts Together: Proving Your Wrongful Termination Case
Since Florida is an “at will” state, employees may be fired at any time with the exception of situations involving discrimination, whistleblowing, a wage dispute or dispute over unpaid overtime, breach of employment contract, or time off sanctioned by law. The Florida Civil Rights Act lists “protected classes” from termination, but the burden of proof […]

Sex Discrimination: Gender Identity and Transgender Status are now Protected
Know Your Rights Employers cannot discriminate in employment based on race, religion, national origin, disability, status as a protected veteran or sex. However, up until recently transgender employees, or job candidates, were not specifically protected. In early 2014, President Obama signed Executive Order 13672 (EO) adding sexual orientation AND gender identity as independent, protected categories. […]

Will I Still Receive a Paycheck While on FMLA?
While the Family and Medical Leave Act (FMLA) of 1993 does provide peace of mind for job protection, it doesn’t always ease the financial stress of the medical bills and everyday expenses that can pile up during unpaid leave. Ensuring at least some income for approved time off is essential for most, but it’s hard […]

What You Need to Know About Pregnancy Discrimination in the Workplace
Pregnancy should be a happy time. For some women, however, it can come with anxiety over employer perceptions. In certain cases, these concerns may escalate if an employer’s opinions devolve to harassment and discrimination, leading to a hostile work environment. According to The Pregnancy Discrimination Act (PDA), pregnancy is protected from discrimination related to general […]