personal injury - employment law - commercial litigation
Florida Law Prohibits Retaliation Against Pregnant Employees:
Title VII prohibits employers from diiscriminating against employees who have opposed employment practices made unlawful by the Act such as discriminatiing on the basis of pregnancy. The goal is to prevent an employer from interfering with an employee’s efforts to secure or advance enforcement of the Act’s basic guarantees including freedom from discrimination. The employee need not prove the underlying discrimination claim in order to prove a retaliation claim. It has been my experience that the retaliation claim is often the more difficult claim to defend.
To establish a retaliation claim, the employee must prove that she was engaged in protected activity (such as filing a charge with the Equal Employment Opportunity Commission, reporting the discrimination to the employer’s human resources department or even voicing her concerns to a supervisor); she suffered an adverse employment action (such as being demoted or fired); and there was a connection between the two events.
In order to establish a connection between the protected activity and the adverse employment action, the employee must show that the person who took the adverse action was aware of her pregnant condition and that the condition and adverse action were not wholly unrelated. For example, if the employee was fired shortly after the supervisor learning of the pregnancy the connection is established.
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