DEFENDING FLORIDA EMPLOYERS: DEFENSE AGAINST PREGNANCY DISCRIMINATION CLAIMS

An employer should take care to understand its legal responsibilities if it has a pregnant employee because several laws prevent an employer from discriminating against that employee. Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA) prohibit employers from discriminating against pregnant employees. The Americans with Disabilities Act (ADA) may also prohibit employers from discriminating against pregnant employees because pregnancy-related impairments can qualify as an ADA disability under certain circumstances. The ADA requires employers to provide pregnant employees with a reasonable accommodation that allows them to perform their essential job functions. These anti-discrimination laws can be complicated and involve subtle nuance. Even well-informed and well-intentioned employers unknowingly violate these laws. The Miami business litigation attorneys of the Mavrick Law Firm represent businesses and their owners in breach of contract litigation and related claims of fraud, non-compete agreement litigation, trade secret litigation, trademark infringement litigation, employment litigation, and other legal disputes in federal and state courts and in arbitration.

An employee must prove the employer treated similarly situated employees outside the relevant protected class more favorably to state a claim for employment discrimination. McDonnell Douglas Corp. v. Green, 411 US 792 (1973). That said, an employer is not required to provide a reasonable accommodation to a disabled employee until the employee makes a specific demand for a reasonable accommodation. Gaston v. Bellingrath Gardens & Home, Inc., 167 F.3d 1361 (11th Cir. 1999). The employer does not have to provide the employee’s preferred accommodation. Earl v. Mervyns, Inc., 207 F.3d 1361 (11th Cir. 2000). An employer must, however, engage in an interactive process with the employee to identify and agree upon a reasonable accommodation after the employee makes a specific demand for a reasonable accommodation.

Harrigan v. Diaz, Anselmo & Associates, P.A., Case No. 21-CV-62115 (S.D. Fla.), provides a good example for how an employer can comply with the various legal requirements associated with pregnant employees. The plaintiff in Harrigan worked as a human resources manager at a law firm. She claimed that, while working for the law firm, she became pregnant and requested to work from home as an accommodation for pregnancy related complications. The law firm rejected the request and required the plaintiff to continue working in the office. However, the law firm offered the plaintiff a reduced work schedule. Sometime thereafter, the law firm terminated the plaintiff after she give birth citing poor work performance as the reason for termination. The plaintiff sued the law firm for discrimination and asserted claims under Title VII, the FCRA, and the ADA.

The decision in Harrigan turned on two issues. The first was whether the law firm’s offer of a reduced work schedule constituted a reasonable accommodation. The law firm argued the accommodation of a reduced schedule was reasonable because the plaintiff sent an email to her supervisor admitting the reduced schedule was working for her. The second determinative issue was whether the employee demonstrated the law firm treated similarly situated employees outside the plaintiff’s protected class more favorably. Although the plaintiff presented evidence that two other employees were permitted to work from home, the law firm argued the two employees were not similarly situated because they had a track record of good work performance whereas the plaintiff had a track record of poor work performance. The Court agreed with the law firm on both issues and granted judgment in favor of the law firm at trial.

Harrigan is good example of how employers can treat pregnant employees to comply with the various discrimination laws. This includes working with the employee to provide an accommodation both parties agree upon in writing. The accommodation provided does not need to be the accommodation requested by the employee and can be something different so long as it a reasonable alternative. Harrigan also informs us that Pregnant employees can also be held to the same work standard as other employees, and terminated for legitimate reasons such as poor work performance.

The Miami business litigation lawyers of the Mavrick Law Firm also represent clients in Fort Lauderdale, Boca Raton, and Palm Beach. This article does not serve as a substitute for legal advice tailored to a particular situation.