Saturday, April 26, 2014
The 6-1 decision allows Peguy Delva to proceed with her lawsuit against her employer, real estate developer Continental Group. Delva alleged that her employer, real estate developer Continental Group, denied her extra shifts after she became pregnant and failed to reschedule her to work after maternity leave. A lower court dismissed Delva’s case, finding that the Florida Civil Rights Act did not extend to discrimination in employment on the basis of pregnancy. The Florida Supreme Court rejected that ruling, noting that the Florida law does provide protection against discrimination based on sex and that this protection extends to pregnancy. The court cited similar rulings in Massachusetts and Minnesota.
The Florida decision puts Florida state law in line with the federal 1978 Pregnancy Discrimination Act – whose passage was championed by the National Organization for Women (NOW) and Eleanor Smeal, then-president of NOW.