
Pregnancy should be an exciting time, not something that puts your career at risk. Unfortunately, some employees find themselves being treated differently at work after announcing a pregnancy, asking for accommodations, or taking time away for pregnancy-related needs. An experienced Miami pregnancy discrimination lawyer can help you determine if this mistreatment qualifies as discrimination and help you identify your legal options.
At the Law Offices of Gary A. Costales, P.A., our founding attorney has decades of legal experience and is also board-certified in labor and employment law. Our team shares comprehensive knowledge surrounding both state and federal employment laws and understands how discrimination can impact your income, career, and sense of security. That’s why we take the time to explain your rights and build strategic claims that hold employers accountable.
Under Fla. Stat. § 760.10, an employer generally can’t discharge, refuse to hire, or otherwise discriminate against an individual because they are pregnant. Pregnancy discrimination doesn’t always come in the form of an employer making direct derogatory comments about a pregnancy. In most cases, it can involve a series of decisions or actions that, taken together, negatively impact an employee.
Pregnancy discrimination in a Miami workplace can come in many forms, including:
Our Miami pregnancy discrimination attorney can analyze emails, text messages, performance reviews, disciplinary records, and comments from supervisors or coworkers to help you determine whether your situation qualifies as pregnancy discrimination.
Sometimes the problem isn’t that an employer wants to fire someone because they’re pregnant. Instead, the issue is that the pregnant employee needs a temporary change at work and their employer refuses to consider it. That’s where the Pregnant Workers Fairness Act, or PWFA, can become especially important.
In 2025, 367 PWFA violation cases were filed in Florida alone. Under the PWFA, most employers need to provide reasonable accommodations to pregnant employees. Depending on the circumstances, an accommodation might involve:
Florida’s pregnancy discrimination laws often overlap with federal laws like Title VII, the PWFA, and the Americans with Disabilities Act (ADA). Our team can help you better understand which laws apply to your specific case and what violations your employer has made.
If an employee can establish that they were a victim of unlawful discrimination in their Miami workplace, their employer can face both criminal and monetary consequences. Under Fla. Stat. § 760.11, an employee might be able to seek compensation or other relief, such as:
At the Law Offices of Gary A. Costales, P.A., we know that securing the most favorable outcome to an employment law claim involves having a thorough understanding of state and federal laws, along with how employment cases move through the local legal system. Our team shares decades of experience navigating complex legal claims and has helped countless Florida employees secure the justice they deserve after their rights have been violated at work.
Legally, no, your employer can’t treat you differently because you used maternity leave in Florida. However, that doesn’t mean this type of behavior doesn’t happen in the workplace. If you suspect that you’re being discriminated against due to a past pregnancy or taking time off work, our Miami pregnancy discrimination lawyer can investigate your claim and look into which pregnancy discrimination penalties your employer faces.
Yes, your employer can ask for medical documentation before providing an accommodation. However, the request must be reasonable and limited to what is necessary for documentation under the law. The PWFA provides specific rules about when supporting documentation can and can’t be requested.
Yes, you could have a pregnancy discrimination claim if your Florida employer retaliates after you complain about mistreatment, as retaliation is a separate violation. Under 42 U.S.C. § 2000e-3(a), federal law protects employees who speak against unlawful discrimination or participate in an investigation or proceeding, and the PWFA separately prohibits retaliation against employees who exercise rights protected by that law.
The length of time that it takes for a pregnancy discrimination case to be resolved in Florida depends on many factors. The timeline can be affected by whether the matter is resolved through an administrative process, negotiation, or litigation, as well as the complexity of the facts and the response of the employer. Some cases could take a few months, while others could take much longer.
When you need to hire a pregnancy discrimination lawyer, having a local firm can make a real difference in the outcome of your case. At the Law Offices of Gary A. Costales, P.A., we not only live and work right here in Miami, but we also focus on employment law cases and have helped residents across the state hold their employers accountable.
Our team regularly practices in the Miami-Dade County Circuit and County Courts and the U.S. District Court for the Southern District of Florida, Miami Division. That means we’re familiar with the local courts and procedures that can come into play when a dispute moves beyond negotiations. Contact us today to schedule a consultation and learn more.
1533 Sunset Dr Suite 150
Miami, FL 33143
1200 N. Federal Hwy. Suite 200
Boca Raton, FL 33432