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Florida Worker Wrongfully Fired Because She Was Pregnant EEOC Discrimination Lawsuit Claims

Beautiful pregnant lady using computer at work

For the past two decades, our Marion County, Florida pregnancy discrimination attorneys have fought for the rights of Florida employees who have been discriminated against because of pregnancy. Through their decades of experience representing pregnancy discrimination victims, our Ocala, Florida pregnancy discrimination lawyers know that pregnant employees continue to endure systemic discrimination. In far too many cases, employers summarily terminate pregnant employees after learning of their pregnancy. In this article, our Marion County, Florida pregnancy discrimination attorneys explain how a pregnancy discrimination case recently filed by the U.S. Equal Employment Opportunity Commission (EEOC) illustrates that federal employment discrimination law provides pregnant employees with job security.

Pregnancy Discrimination Lawsuit

In a press release issued on September 23, 2021, the EEOC announced that it has filed a pregnancy discrimination lawsuit against Presidente Supermarket No. 31, Inc. (Presidente). On September 23, 2021, the EEOC filed the pregnancy discrimination lawsuit, United States Equal Employment Opportunity Commission. v. Presidente Supermarket No. 31, Inc., Case No. 2:21-cv-23411, in the U.S. District Court for the Southern District of Florida. The EEOC has filed the pregnancy discrimination lawsuit under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), on behalf of a former employee of Presidente, a woman named Tirado. The EEOC maintains that Presidente violated the PDA by firing Tirado because of her pregnancy.

Job Security For Pregnant Workers

Under the PDA, employers are forbidden from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions. The PDA’s prohibition against pregnancy discrimination applies to all aspects of employment, including hiring, compensation, job assignment, promotion, leave, discipline, and discharge. Under the PDA, as determined by the U.S. Supreme Court in UAW v. Johnson Controls, 499 U.S. 187 (1991), the “decision to work while [ ] being pregnant . . . is reserved for each individual women to make for herself” and “pregnant women who are able to work must be permitted to work under the same conditions as other employees.” In guaranteeing pregnant employees the right not to be discriminated against on the basis of pregnancy and the right to work while pregnant, the PDA provides pregnant employees with job security.

Worker Claims Fired Because Of Pregnancy

Presidente operates a chain of grocery stores in Florida. In January 2018, Tirado began working for Presidente. On February 26, 2018, Tirado learned that she was pregnant. That same day, Tirado informed a co-worker, Tejera, that she was pregnant. Tejera then notified a manager, Curbelo, of Tirado’s pregnancy. Curbelo, according to the EEOC, responded by saying that Tirado would not be able to work at Presidente anymore because she was pregnant. On February 28, 2018 Curbelo notified Tirado that her employment was terminated. When Tirado asked why she was being fired, Curbelo responded something along the lines of “we just don’t need you anymore.”

Sometime after Tirado was fired and no longer pregnant, Presidente employees reached out to her through her husband and urged her to re-apply at Presidente. On August 3, 2018, Tirado returned to the Presidente grocery store to discuss her possible re-employment. During the interview process, Tirado spoke with Curbelo and asked Curbelo why she was fired because she was pregnant. Curbelo responded something along the lines of, “if you know why you were fired, then why are you asking me.” Curbelo concluded the conversation by informing Tirado that she could not return to work at Presidente.

Lawyers For Discrimination Victims

The EEOC is the administrative agency of the federal government responsible for administering, interpreting, and enforcing federal employment discrimination law. In order to protect employee rights and punish employers who violate federal employment discrimination law, the EEOC brings lawsuits in federal court on behalf of employment discrimination victims, including pregnancy discrimination victims.

In a press release issued on September 23, 2021 regarding the case, a regional attorney for the EEOC’s Miami District Office, Robert Weisberg, explained that “female employees should not be forced to work with the fear of losing their jobs.” In commenting on the case, the Director of the EEOC’s Miami District Office, Paul Valenti, observed that “a pregnant worker is often in special need of the job security afforded by the PDA to be able to continue earning money for her growing family.” “It is important,” Mr. Valenti added, “that employers understand that they cannot fire a woman simply because she is pregnant and will need maternity leave.”

Marion County, FL Discrimination Lawyers

Based in Ocala, Florida and representing workers throughout Central Florida, our Marion County, Florida pregnancy discrimination attorneys have represented pregnancy discrimination victims for more than twenty years. If you have been discriminated against because of pregnancy or have questions about your rights as a pregnant employee under federal employment discrimination law, please contact our office for a free consultation with our Ocala, Florida pregnancy discrimination lawyers. Our labor and employment lawyers take employment discrimination cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery and our attorney’s fees come solely from the monetary award that you recover.

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