Florida Court: Pregnancy Discrimination Unlawful Under Florida Civil Rights Act

Author: Beth P. Zoller, XpertHR Legal Editor

April 23, 2014

The Florida Supreme Court has clarified that an employer may not discriminate against employees and applicants based on pregnancy under the Florida Civil Rights Act (FCRA). The Florida Supreme Court reasoned that pregnancy is included in the law's definition of sex discrimination, even though the FCRA does not explicitly mention pregnancy. The decision resolves a split among the lower Florida courts.

In Delva v. The Continental Group, Inc., an employee brought suit against her employer claiming that she received unfair treatment once she disclosed her pregnancy. Specifically, the employee alleged that she received heightened scrutiny of her work and her employer refused to allow her to change shifts in violation of company policy. Upon returning to work a few weeks after giving birth, the employee was ultimately terminated.

The trial court dismissed the case holding the FCRA does not explicitly recognize pregnancy discrimination claims. The appellate court upheld this decision. On appeal, the Supreme Court reversed, holding that the FCRA's prohibition against sex discrimination also covers pregnancy discrimination because pregnancy is a "primary characteristic unique to the female sex." Accordingly, for this reason, "discrimination based on pregnancy is in fact discrimination based on sex." Further, the court noted that the FCRA should be construed broadly.

A Florida employer should note that this decision is significant because it increases employer liability risks for pregnancy discrimination under state law. Because there is no cap on damages under the FCRA, the potential recovery for pregnancy discrimination by employees and applicants is much greater.