Florida’s Supreme Court has ruled that Florida’s Civil Rights Act (“FCRA”), which includes gender bias, includes pregnancy discrimination.
What the FCRA Provides
The FCRA provides that it is unlawful for an employer to “discriminate . . . because . . . of . . . sex.” Fla. Stat. § 760.10.
Florida Supreme Court Decision
The Florida Supreme Court determined that the FCRA bar on discrimination based on sex included discrimination based on pregnancy, since pregnancy is a “natural condition and primary characteristic unique to the female sex.” Indeed, as the Court noted, because only women can become pregnant, the condition is one of the obvious and significant distinctions between the sexes. Accordingly, for this reason, “discrimination based on pregnancy is in fact discrimination based on sex.”
Furthermore, the Court found that the FCRA should be interpreted to include pregnancy discrimination since the FCRA stated statutory purpose provides for liberal interpretation of the Act. Fla. Stat. § 760.01.
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Dori K. Stibolt is a senior associate with the law firm of Fox Rothschild LLP. Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims. You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.