Pregnancy Discrimination and Maternity Leave Rights in Miami
Pregnancy can bring new challenges at work, from denied accommodations and leave requests to demotions, harassment, or wrongful termination. Federal and Florida laws provide important protections for many workers, but determining which laws apply depends on your employer, your job, and the circumstances of your case. If you were passed over for a promotion, forced onto unpaid leave, or fired after announcing your pregnancy, you may have legal options.
At BT Law Group, PLLC, Miami workplace discrimination attorneys Jason D. Berkowitz and Anisley Tarragona represent employees throughout Miami-Dade County and South Florida in pregnancy discrimination, retaliation, and leave-related employment claims. Our team helps workers evaluate their rights, gather the evidence needed to support a claim, and pursue the legal remedies available under federal and Florida law.
This page explains how the Pregnant Workers Fairness Act, the Family and Medical Leave Act, and Florida law protect you at every stage of pregnancy, childbirth, and the return to work. Call BT Law Group, PLLC at (305) 507-8506 to schedule a consultation.
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Federal and Florida Pregnancy Discrimination Laws
Several federal and Florida laws may apply to pregnancy discrimination and maternity leave claims, depending on the facts of the case and the protections involved.
Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits sex discrimination, including discrimination because of pregnancy. The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy. The Americans with Disabilities Act (ADA) protects workers whose pregnancy-related impairments qualify as disabilities, such as gestational diabetes. The Florida Civil Rights Act also protects Florida workers. Florida Statutes § 760.10 prohibits employment discrimination because of sex or pregnancy, and claims under this law may be dual-filed with the EEOC.
| Law | What It Protects | Employer Threshold |
|---|---|---|
| Title VII / Pregnancy Discrimination Act | Prohibits discrimination based on pregnancy, childbirth, and related medical conditions | 15 or more employees |
| Pregnant Workers Fairness Act (PWFA) | Requires reasonable accommodations for known pregnancy-related limitations | 15 or more employees |
| Americans with Disabilities Act (ADA) | Covers pregnancy-related impairments that qualify as a disability | 15 or more employees |
| Florida Civil Rights Act | Prohibits sex and pregnancy discrimination under Florida law | 15 or more employees |
What Counts as Pregnancy Discrimination
Under Title VII, pregnancy discrimination can be based on current pregnancy, past pregnancy, or potential pregnancy. It also protects workers from discrimination based on medical conditions related to pregnancy or childbirth, including breastfeeding and lactation. Employers may not treat a worker unfavorably in any aspect of employment because of these factors.
Key Takeaway: More than one law may apply to a pregnancy discrimination claim. The applicable protections depend on the type of discrimination, the need for a workplace accommodation, and whether a pregnancy-related medical condition qualifies as a disability.
If you believe your employer discriminated against you because of your pregnancy, denied a reasonable accommodation, or interfered with your leave rights, BT Law Group, PLLC can evaluate your legal options. Call (305) 507-8506 to schedule a consultation with a Miami discrimination attorney.
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Your Rights Under the Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA) expanded workplace protections for pregnant workers who need job adjustments but do not have a qualifying disability under the Americans with Disabilities Act (ADA). The law took effect on June 27, 2023, and the EEOC’s final regulation became effective on June 18, 2024.
The PWFA requires covered employers to provide reasonable accommodations for the known limitations of qualified employees and applicants related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless doing so would create an undue hardship. The law generally applies to private and public employers with 15 or more employees. Under the PWFA, covered employers must not:
- Fail to provide a reasonable accommodation for a known limitation unless doing so would create an undue hardship.
- Require an employee to accept an accommodation that was not reached through the interactive process.
- Deny a job or other employment opportunity because a worker needs reasonable accommodation.
- Require an employee to take leave when another reasonable accommodation would allow the employee to continue working.
- Punish, retaliate against, or coerce a worker for requesting or using a reasonable accommodation.
Key Takeaway: The PWFA allows many pregnant workers to request reasonable workplace accommodations even when a pregnancy-related condition does not qualify as a disability under the ADA.
If your employer refused a reasonable accommodation, forced you onto leave, or retaliated after you requested a workplace adjustment, BT Law Group, PLLC can evaluate your legal options. Call (305) 507-8506 to schedule a consultation.
Maternity Leave Rights in Miami Under the FMLA
For most private-sector workers in Miami, job-protected maternity or parental leave is governed by the federal Family and Medical Leave Act (FMLA), which is administered by the U.S. Department of Labor. Florida does not generally require private employers to provide paid maternity leave, although employer policies, accrued paid time off, or short-term disability benefits may provide income during leave.
To qualify for FMLA leave, you generally must have worked for a covered employer for at least 12 months, completed at least 1,250 hours of service during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
Eligible employees may take up to 12 workweeks of unpaid, job-protected leave during the applicable 12-month period for childbirth, a qualifying pregnancy-related serious health condition, or bonding with a newborn. During qualifying leave, group health coverage continues under the same terms, and eligible employees are generally entitled to return to the same or a virtually identical position.
Key Takeaway: Eligible employees who take protected FMLA leave generally have the right to return to the same or a virtually identical position when their leave ends.
Protecting your FMLA rights starts with knowing whether your employer met its legal obligations. Call BT Law Group, PLLC at (305) 507-8506 to schedule a confidential consultation.
Common Forms of Pregnancy Discrimination in Miami Workplaces
Pregnancy discrimination can occur at any stage of employment, from the hiring process through pregnancy, maternity leave, and the return to work.
Common examples include:
- Refusing to hire a qualified applicant because she is pregnant.
- Demoting a worker, reducing pay, or cutting hours after she announces her pregnancy.
- Forcing a worker onto leave or preventing her from continuing to work when she is able to perform her job with or without a reasonable accommodation.
- Requiring medical clearances that are not required of similarly situated non-pregnant employees.
- Terminating a worker because of a pregnancy-related medical condition or because she takes protected leave.
- Refusing to allow an employee to return to work because she is lactating or needs to express breast milk.
Pregnancy discrimination can take many forms, and recognizing the signs is the first step toward protecting your rights. Call BT Law Group, PLLC at (305) 507-8506 to discuss your situation and your available legal options.
Workplace Discrimination Attorneys - BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, who represents employees throughout Miami and South Florida in workplace discrimination, retaliation, wrongful termination, pregnancy discrimination, wage and hour, and other employment law matters. Before co-founding the firm, he represented employers, including Fortune 100 companies, giving him firsthand insight into how workplace disputes are evaluated and defended.
Jason litigates cases in Florida state and federal courts and before administrative agencies involving Title VII, the Pregnant Workers Fairness Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Florida Civil Rights Act, and other federal and state employment laws. He works closely with clients to pursue practical solutions while protecting their workplace rights.
Anisley Tarragona, Esq.
As a founding partner of BT Law Group, PLLC, Anisley Tarragona helps employees resolve workplace disputes involving discrimination, harassment, retaliation, wrongful termination, unpaid wages, and failures to provide reasonable accommodations. Fluent in Spanish, she regularly represents both English- and Spanish-speaking clients throughout South Florida.
Anisley brings valuable perspective from her experience representing employers before dedicating her practice to advocating for workers. She handles employment matters in state and federal courts, administrative proceedings, and arbitration, helping clients navigate claims arising under Title VII, the Family and Medical Leave Act, the Americans with Disabilities Act, the Florida Civil Rights Act, and other federal and state employment laws.
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Lactation and Breastfeeding Rights at Work in Florida
Workers returning from pregnancy leave may have the right to express breast milk during the workday. Federal law requires many employers to provide break time and an appropriate private space for this purpose.
Under the Fair Labor Standards Act, as amended by the PUMP Act, most employees are entitled to reasonable break time each time they need to express breast milk for up to one year after the child’s birth. Employers must also provide a place, other than a bathroom, that is shielded from view and free from intrusion.
These protections are codified at 29 U.S.C. § 218d. Limited exemptions apply, including an undue hardship exemption for certain employers with fewer than 50 employees. Discrimination against an employee because she is lactating or expressing breast milk may also violate Title VII.
Problems with lactation accommodations or breastfeeding rights may also be part of a broader pregnancy discrimination claim. Call BT Law Group, PLLC at (305) 507-8506 to discuss your situation and your legal options.
Pregnancy Harassment and Hostile Work Environment Claims
Harassment because of pregnancy, childbirth, or a related medical condition is unlawful under federal law. This includes harassment based on a pregnancy-related physical or mental disability. A hostile work environment claim may arise when the conduct is severe or pervasive enough to alter the conditions of employment or when enduring the harassment becomes a condition of continued employment. These protections apply to conduct by supervisors, coworkers, and, in some circumstances, non-employees.
Examples include repeated demeaning remarks about a worker’s pregnancy, threats after announcing a pregnancy, or ongoing hostility following a request for reasonable accommodation. Although an isolated offhand comment is usually not enough to establish a hostile work environment, repeated or more serious conduct may support a claim. Keeping records of incidents, including dates, witnesses, and specific statements, can help preserve important evidence.
Key Takeaway: Pregnancy harassment may violate federal law when it creates a hostile work environment or becomes a condition of continued employment.
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Retaliation for Requesting a Pregnancy Accommodation
Federal law prohibits employers from retaliating against workers for exercising their legal rights under Title VII, the Pregnant Workers Fairness Act (PWFA), or the Americans with Disabilities Act (ADA). Protected activities include requesting or using reasonable accommodation, reporting or opposing unlawful discrimination, and participating in an EEOC investigation or other protected proceeding. The PWFA and the ADA also prohibit employers from interfering with the exercise of rights protected by those laws.
Retaliation may include a demotion, reduced hours, a negative performance review, reassignment, or termination following a protected request or complaint. While timing alone does not establish retaliation, the sequence of events may be relevant when considered together with other evidence.
A sudden demotion, termination, or other adverse action after requesting a pregnancy accommodation should not be ignored. Call BT Law Group, PLLC at (305) 507-8506 to review your claim and the protections available under federal law.
Filing a Pregnancy Discrimination Claim in Miami, Florida
Most pregnancy discrimination claims begin with an administrative charge before a lawsuit can be filed. Claims under Title VII, the Pregnant Workers Fairness Act (PWFA), and the Americans with Disabilities Act (ADA) generally require filing a charge with the Equal Employment Opportunity Commission (EEOC). Claims under the Florida Civil Rights Act generally begin with a complaint to the Florida Commission on Human Relations (FCHR). Because the EEOC and FCHR have a work-sharing agreement, filing with one agency may satisfy the requirements of both.
In Florida, a charge filed under federal law with the EEOC generally must be filed within 300 days of the alleged discriminatory act. A complaint under the Florida Civil Rights Act generally must be filed with the FCHR within 365 days. After receiving an EEOC Notice of Right to Sue, a worker generally has 90 days to file a federal lawsuit. Florida law establishes different deadlines for filing a lawsuit depending on the FCHR’s determination or failure to act, including one-year filing periods in certain circumstances.
Key Takeaway: Missing a filing deadline can prevent you from pursuing a pregnancy discrimination claim, even when the underlying claim has merit.
Pregnancy discrimination claims are subject to multiple filing deadlines under federal and Florida law. Call BT Law Group, PLLC at (305) 507-8506 to discuss your situation before important deadlines expire.
Relief Available in a Pregnancy Discrimination Claim
Workers who successfully prove pregnancy discrimination may be entitled to both financial and equitable remedies. The relief available depends on the applicable law, the size of the employer, and the specific facts of the case.
Available remedies may include:
- Back pay for lost wages and benefits.
- Reinstatement or front pay when returning to work is not practical.
- Compensatory damages for emotional distress, where permitted by law.
- Punitive damages, where authorized, for malicious or reckless conduct.
- Attorneys’ fees and litigation costs.
The amount recoverable varies based on factors such as the length of lost employment, the severity of the employer’s conduct, and the remedies available under the governing statute.
Key Takeaway: The remedies available in a pregnancy discrimination case depend on the facts of the claim and the laws that apply.
Understanding the remedies available is an important part of evaluating a pregnancy discrimination claim. Call BT Law Group, PLLC at (305) 507-8506 to discuss the circumstances of your case and your available legal options.
Legal Guidance for Pregnancy Discrimination Claims
Pregnancy discrimination claims often involve overlapping federal and Florida laws, each with its own requirements and deadlines. Getting legal guidance early can help you protect your rights, preserve important evidence, and determine the best course of action.
Attorneys Jason D. Berkowitz and Anisley Tarragona represent pregnant workers and new parents throughout Miami-Dade County, from accommodation disputes to charges filed with the EEOC and the Florida Commission on Human Relations. As experienced Miami workplace discrimination lawyers, our team investigates what happened, files your charge on time, and pursues negotiation or litigation to secure the relief you are owed.
Call BT Law Group, PLLC at (305) 507-8506 or visit our office at 3050 Biscayne Blvd STE 205, Miami, FL 33137 to schedule a consultation. We serve clients across Miami and South Florida.
Frequently Asked Questions
Is pregnancy discrimination illegal in Florida?
Yes. Title VII, as amended by the Pregnancy Discrimination Act, and the Florida Civil Rights Act both prohibit treating workers unfavorably because of pregnancy, childbirth, or related medical conditions. The PWFA adds a separate requirement to provide reasonable accommodations.
How much maternity leave am I entitled to in Miami?
Eligible workers may take up to 12 weeks of unpaid, job-protected leave under the FMLA for the birth and care of a child. To qualify, you generally must have worked for your employer for at least 12 months, logged at least 1,250 hours in the prior year, and work where the employer has 50 or more employees within 75 miles.
Can my employer fire me for being pregnant?
An employer cannot lawfully fire you because you are pregnant, because you requested a protected accommodation, or because you used protected leave. However, a pregnant employee may still be terminated for a legitimate, nondiscriminatory reason unrelated to pregnancy or protected activity. The timing of a termination may be evidence of discrimination, but timing alone does not automatically prove that the employer violated the law.
How long do I have to file a pregnancy discrimination claim?
A charge under Title VII, the PWFA, or the ADA generally must be filed with the EEOC within 300 days of the discriminatory act in Florida. A claim under the Florida Civil Rights Act generally must be filed with the Florida Commission on Human Relations within 365 days. Because missing a deadline can bar your claim, it is best to act quickly.
Can I be retaliated against for requesting pregnancy accommodation?
No. Title VII, the PWFA, and the ADA all prohibit punishment for protected requests and complaints, and the PWFA and ADA also bar interference with your rights. Adverse actions that closely follow your request can support a retaliation claim.
What compensation can I recover in a pregnancy discrimination lawsuit?
Depending on the facts, you may recover back pay, reinstatement or front pay, compensatory damages for emotional distress, punitive damages, and attorney’s fees. The amount depends on factors such as lost wages, the severity of the employer’s conduct, and the size of the employer.
