Pregnancy Discrimination

Pregnancy Discrimination Lawyer in Florida

Dual-Sided Advocacy for Employees & Employers Across Florida

Cadogan Law represents employees and employers in pregnancy discrimination matters across South Florida and statewide. Led by Gina Cadogan, a trial attorney with over 25 years of employment law experience, the firm brings a strategic advantage few employment practices can match: direct insight into how both sides build their cases, drawn from representing workers and major employers alike. The firm is woman-owned and serves clients in Fort Lauderdale, Plantation, Broward County, and throughout Florida. Virtual consultations are available, and Spanish-language service is offered for those who prefer it.

Pregnancy discrimination remains one of the more common and consequential employment law violations in Florida, affecting workers at every career level. Navigating a claim means understanding at least three overlapping statutes and a mandatory administrative process before a lawsuit can be filed. That complexity rewards counsel with genuine depth on both sides of the dispute.

If you believe you’ve been treated differently because of a pregnancy, childbirth, or related medical condition, early legal guidance can be critical to preserving your options. Call Cadogan Law at (954) 371-1607 to schedule a consultation.

What Pregnancy Discrimination Looks Like

Prohibited conduct goes well beyond an outright termination. Employers can’t refuse to hire a qualified applicant because of pregnancy or an intention to become pregnant. They can’t demote, reduce hours, or deny promotions to employees because of pregnancy, childbirth, or related medical conditions. Forcing a pregnant employee onto unpaid leave when a reasonable accommodation would allow her to keep working is also unlawful, as is requiring medical clearances not imposed on other employees.

Discrimination based on lactation needs or post-childbirth recovery falls within the same legal protections. And discrimination is frequently subtle: adverse actions are often framed as performance-based or operationally motivated, making documentation and legal analysis essential from the outset.

The Statutes That Protect Florida Workers

Three primary statutes govern pregnancy discrimination claims in Florida, and they interact in ways that affect both strategy and deadlines.

Pregnancy Discrimination Act (PDA)
The PDA amended Title VII of the Civil Rights Act of 1964 to make discrimination based on pregnancy, childbirth, or related medical conditions a form of unlawful sex discrimination. It applies to employers with 15 or more employees.

Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA), which took effect June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so creates undue hardship. Unlike the PDA, the PWFA affirmatively requires accommodation and prohibits forcing a pregnant worker onto leave when an accommodation is available instead. Coverage extends to lactation, miscarriage, stillbirth, fertility treatment, and related episodic conditions. The EEOC issued its final implementing regulation in June 2024, and the EEOC Miami District Office, which has jurisdiction over Florida, is actively investigating and litigating PWFA charges filed by Florida workers.

Florida Civil Rights Act (FCRA)
The FCRA independently prohibits pregnancy discrimination for employers with 15 or more employees and tracks federal law in most respects, with its own administrative filing requirements and remedies. The Family and Medical Leave Act may also intersect with a pregnancy discrimination claim depending on the facts.

How Cadogan Law Handles These Cases

Gina Cadogan began her career at large national law firms defending Fortune 500 companies, municipalities, nonprofits, and hospital systems. That background shapes how Cadogan Law approaches pregnancy discrimination cases for employee clients: the firm evaluates claims through the lens of how employers build their defenses, which informs what evidence to gather, how to frame a charge, and when to push for settlement versus litigation.

The firm handles administrative filings with the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR), manages the investigation process, and represents clients through litigation in the U.S. District Court for the Southern District of Florida and circuit courts in Broward, Miami-Dade, and Palm Beach Counties. Evidence developed in these matters can include performance reviews that shifted after a pregnancy disclosure, internal communications reflecting bias, pay records, and documentation of accommodation requests and denials. Where the law allows, the firm can pursue recovery for lost wages, lost benefits, emotional distress, and reputational harm.

Gina Cadogan has been selected to Super Lawyers every year from 2019 to 2025, named to The National Black Lawyers Top 100, and achieved one of the Top Florida Verdicts of 2014.

Proving a Pregnancy Discrimination Claim

To prevail under the PDA or FCRA, a claimant must generally show that an adverse employment action occurred and that it was connected to the pregnancy or a related condition. Adverse employment action means a concrete change in the terms or conditions of employment: termination, demotion, denial of a promotion, reduction in pay or hours, forced leave, or exclusion from advancement opportunities.

Employers routinely defend these actions by citing performance issues, restructuring, or other facially neutral justifications. Demonstrating that those reasons are pretextual, meaning they’re a cover for discriminatory intent, requires analyzing internal communications, decision timelines, inconsistencies in the employer’s stated rationale, and how similarly situated non-pregnant employees were treated. A timeline connecting pregnancy disclosure to sudden shifts in performance evaluations or work assignments can be powerful circumstantial evidence. Witness accounts from coworkers who observed discriminatory comments or changes in treatment can provide critical corroboration.

Under the PWFA, the analysis differs: an employer who denies an accommodation must demonstrate that providing it would cause undue hardship, which requires showing significant difficulty or expense rather than mere inconvenience. A verbal request to a direct supervisor can be sufficient to trigger the employer’s obligation to begin a good-faith interactive process.

A practical note:
Keeping a contemporaneous record of incidents, dates, names, and specific statements made by supervisors or coworkers can strengthen a claim significantly, particularly during deposition or hearing testimony. Starting that record early is advisable.

The EEOC & FCHR Filing Process in Florida

Most Florida employees can’t file a pregnancy discrimination lawsuit directly in court. Before litigation, claimants must exhaust administrative remedies, and the deadlines are strict.

EEOC charge (federal claims): Must be filed within 300 days of the discriminatory act. Because Florida is a referral state, the standard 180-day federal deadline is extended to 300 days.
FCHR complaint (state claims): Must be filed within 365 days of the discriminatory act.
Right-to-sue letter: After the EEOC issues this letter, the claimant has 90 days to file in federal court.
FMLA retaliation claims: Must generally be filed within two years, or three years for willful violations.

Missing any of these deadlines can bar a claim entirely. The EEOC isn’t the claimant’s advocate during its investigation; employer counsel will typically respond to the charge and deny liability. Having legal representation in place from the start of the charge process, not just after a right-to-sue letter arrives, can put a claimant in a significantly stronger position.

Remedies Available in Pregnancy Discrimination Cases

The remedies available in a successful pregnancy discrimination claim can be substantial, though what applies depends on the statute, the employer’s conduct, and the specific facts of the case.

Back pay: Wages and benefits lost from the time of the discriminatory action through resolution of the case may be recovered.
Front pay: Where reinstatement isn’t feasible, courts can award compensation for future lost earnings.
Reinstatement: A court may order reinstatement to the same or an equivalent position.
Compensatory damages: Recovery for emotional distress, reputational harm, and other non-economic losses may be available.
Punitive damages: In cases of intentional or egregious employer conduct, punitive damages may be awarded to punish the employer and deter future violations.
Injunctive relief: The EEOC or a court may require an employer to revise its policies and provide training to management and HR staff.

Early enforcement activity under the PWFA has already produced notable settlements in the Southern District of Florida, signaling that courts and the EEOC are treating these claims seriously.

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Why Cadogan Law for Pregnancy Discrimination in Florida

The firm’s dual-sided litigation record is a meaningful differentiator in pregnancy discrimination matters. Gina Cadogan built her early career at large national law firms representing Fortune 500 companies, municipalities, nonprofits, and hospital systems before founding Cadogan Law in 2005. That employer-side background directly informs how the firm approaches employee representation: the firm knows how employers construct their defenses, what documentation they rely on, and how they typically approach settlement negotiations.

Experience & Credentials

Gina Cadogan brings over 25 years of employment law and civil litigation practice across Florida. The firm is admitted to The Florida Bar, the U.S. District Courts for the Southern and Middle Districts of Florida, and the Eleventh Circuit Court of Appeals, with hands-on trial experience in the courts where these cases are filed. Gina Cadogan has been selected to Super Lawyers every year from 2019 to 2025, named to The National Black Lawyers Top 100, recognized by Lawyers of Distinction, and was among the Top Florida Verdicts of 2014.

Cadogan Law is woman-owned, an alumna of the Goldman Sachs 10,000 Small Businesses program, and led by an attorney who served as past president of the National Association of Women Business Owners from 2021 to 2022.

Clients & Service Area

Employee clients typically include executives, managers, sales professionals, and tech sector employees. Business clients range from small, family-owned companies to large international corporations. The firm serves Fort Lauderdale, Plantation, Broward County, and clients throughout Florida.

Talk to a Pregnancy Discrimination Attorney Today

Whether you’re an employee who has faced adverse action because of a pregnancy or a Florida employer responding to a charge or complaint, the deadlines in these matters are strict and the stakes are high. Early counsel can make a meaningful difference in how a claim develops and resolves.

Cadogan Law offers consultations for pregnancy discrimination matters, including virtual appointments. Spanish-language service is available. Call (954) 371-1607 or use the online contact form to reach the firm.

Retaliation in Pregnancy Discrimination Cases

Federal and Florida law prohibit retaliation against any employee or applicant who requests or uses a reasonable accommodation under the PWFA, files a charge with the EEOC or FCHR, reports pregnancy discrimination internally, or participates in any related proceeding. Retaliation can take the form of termination, demotion, reduced pay, negative performance reviews, exclusion from projects, or threats of job loss that follow a protected complaint or accommodation request.

A retaliation claim is legally independent of the underlying discrimination claim and can succeed even when the primary claim does not. Participation in a discrimination proceeding is protected activity even if the charge is ultimately found to be invalid. Employees who experience adverse treatment after filing a charge, requesting an accommodation, or reporting discrimination internally should consult legal counsel promptly to evaluate whether a separate retaliation claim is warranted.

Employer Defense: Responding to Pregnancy Discrimination Claims

Cadogan Law also defends Florida employers facing pregnancy discrimination charges and litigation. The firm represents business clients ranging from small, family-owned companies to large international corporations with over 15,000 employees, and employer defense is not a secondary offering given Gina Cadogan’s background representing major employers from the start of her career.

Employers covered by the PDA, PWFA, or FCRA, which generally means those with 15 or more employees, must have policies and processes in place for handling pregnancy-related accommodation requests. Under the PWFA, the obligation to engage in a good-faith interactive process can be triggered by a verbal request, without specific medical terminology, and failure to document that process is a common liability exposure in litigation. Cadogan Law advises employers on anti-discrimination policies, accommodation request procedures, and compliance training designed to reduce EEOC charge exposure and litigation risk before a claim is ever filed.

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