Documents have been filed in a Florida federal court that accuse the Florida Department of Health of wrongfully discriminating against an employee for her decision to become pregnant and have children. The plaintiff originally sued last year in a county circuit court, but defendants removed the case to a federal court.
The plaintiff worked as a senior pharmacist for the Florida Department of Health from 2014 to 2019. During that time, the plaintiff says she was discriminated against and subjected to unfair, disparate conditions of employment and treatment for her decision to become pregnant and take the maternity leave she was legally entitled to under the Family and Medical Leave Act (FMLA).
The plaintiff further states that the Florida Department of Health contacted her so much with harassing phone calls during her medical leave that she entered postpartum depression, requiring additional treatment. In addition, the plaintiff states that in retaliation to her voicing her concerns about being contacted while on protective leave, the Department of Health allegedly cleaned out her desk and terminated the plaintiff.
The defendant, the Florida Department of Health, is charged with pregnancy/gender discrimination, disability discrimination, retaliation, public whistleblower retaliation, and FMLA violation.
It is illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information. When reporting retaliation to someone other than the EEOC, a person must have a reasonable and good faith belief that the practice he or she is complaining about is illegal, and the person must oppose the practice in a reasonable manner. Also, it must be reasonably clear that the person is complaining about illegal job discrimination.
Issue:
Workplace discrimination can be defined as treating a person unequally based on his or her race, gender, ethnicity, age, religion, or disability. Title VII of the Civil Rights Act of 1964 mandates that no person employed by, or seeking employment with, an entity can be discriminated against based on race, gender, ethnicity, age, religion, or disability, and this includes pregnancy. While federal law prohibits discrimination in the workplace, most states have enacted their own laws regarding workplace discrimination, so be sure to know your own state’s laws. Each facility should have a zero-tolerance policy for anyone who retaliates against a person for bringing an issue to the facility’s attention. Retaliation is also illegal. It is imperative that all staff members are aware of what can be viewed as discrimination and retaliation and the steps that should be taken if an employee feels that he or she has been a victim of discrimination or retaliation in their workplace.
Discussion Points:
- Review your policies and procedures on prevention of discrimination and retaliation in the workplace, and ensure they address prevention of discrimination based on pregnancy and FLMA-covered areas. Update policies as needed.
- Train all staff on prevention of discrimination and retaliation, and what they should do if they suspect they have been a victim of discrimination or retaliation or observe it occurring to others in the workplace. Provide education about your non-discrimination and non-retaliation policies and reporting options, including the anonymous hotline. Document that the trainings occurred and file the signed document in each employee’s education file.
- Periodically conduct audits with staff to ensure that they can define discrimination and retaliation in the workplace and are aware of the steps that they should take if they have concern that they or a coworker may be a victim of discrimination or retaliation. Ensure that FMLA and non-discrimination laws are being applied correctly. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual Chapter 1, Compliance and Ethics Program.
KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA)
