Florida Employer Agrees to Conciliation Agreement for Pregnancy Fairness Violation
On October 11th, 2024, the Equal Employment Opportunity Commission (EEOC) announced that a Florida employer has agreed to a conciliation agreement to resolve a violation of the Pregnant Workers Fairness Act (PWFA). Sailormen, Inc.—a company that operates a Popeye’s location as a franchisee in Orange City, Florida—will pay compensation to a pregnant employee who was terminated. In this article, you will find a more comprehensive overview of the case.
EEOC Settlement: Florida Franchisee Terminated Worker After She Became Pregnant
Sailormen, Inc. is a company that operates as Popeye’s Chicken & Biscuits franchise location in Orange City in Northeast Florida. The EEOC announced that his franchisee settled a federal claim for violations of federal civil rights law aimed at protecting pregnant workers.
Specifically, the company allegedly terminated an employee after learning she was pregnant, wrongly assuming she’d need job accommodations. To resolve the issue, the employer agreed to compensate the employee, enhance employee training on pregnancy discrimination, appoint an EEO coordinator, and revise its internal policies.
A Violation of Title VII and the PWFA
Pregnant workers in Florida are protected under a web of federal and state laws. In this case, the EEOC cited the Volusia County franchisee for violations of both:
- Title VII of the Civil Rights Act of 1964; and
- Pregnant Workers Fairness Act (PWFA).
The PWFA Grants Workers the Right to Pregnancy Accommodations
The Pregnant Workers Fairness Act or PWFA was signed into law by President Joe Biden in June of 2023. Pregnancy discrimination was already banned under federal law for employers with 15 or more employees. The PWFA expanded protections for pregnant workers. Here are four key points that employers and employees should know about the federal law:
- PWFA Requires Reasonable Accommodations for Pregnancy: The Pregnant Workers Fairness Act mandates that employers provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions unless it would cause undue hardship on the business. An accommodation is defined as any modifications to work duties, schedules, or the environment that enables a pregnant worker to continue their job safely and effectively.
- It Covers Employers With 15 or More Employees: Similar to Title VII, the PWFA applies to any employer with 15 or more employees. That count includes part-time employees.
- The Law Prohibits Retaliation Against Pregnant Workers: Under the PWFA, it is illegal for employers to retaliate against an employee for requesting or using a reasonable accommodation related to pregnancy, childbirth, or a related medical condition.
- It Includes a Private Right of Action: The PWFA grants a private right of action. In other words, it allows a pregnant employee who faced discrimination or the unlawful denial of reasonable accommodation the right to file a lawsuit directly against their employer.
Get Help From Our Florida Pregnancy Discrimination Attorney Today
Pregnant employees are entitled to fairness in the workplace. If you have any specific questions or concerns about the Pregnant Workers Fairness Act (PWFA), an experienced Florida employment lawyer can help protect your rights and your interests.
