Wilson McCoy P.A. Work Matters
Make Your Consultation | 407-803-5400
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy, P.A.
407-803-5400
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy P.A. Work Matters
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
      • Contract Disputes
        • Employment Contracts
        • Non-compete Agreements
        • Severance Agreements
      • Discrimination
        • Age Discrimination
        • Disability Discrimination
        • Gender Discrimination
        • National Origin Discrimination
        • Pregnancy Discrimination
        • Race Discrimination
        • Religious Discrimination
        • Family Medical Leave Act
        • Sex Discrimination
        • Sexual Harassment
        • USERRA Military Leave
    • Employer Services
      • Business Organizations & Startups
      • Commercial Disputes
      • Counseling, Advice, Training
      • Employment Litigation
    • Mediation
      • The Benefits Of Mediation
    • Small Business & Startups
      • Aveda Information
      • COVID-19 Concerns
      • Orlando Business Attorneys
    • Union Services
      • Private Sector Labor Relations
      • Public Sector Labor Relations
    • Same Day Severance Review
    • Wage And Hour
      • Meals & Rest Breaks
      • Mediation & Arbitration
      • Misclassification Of Employees
      • Unpaid Overtime
      • Unpaid Wages
    • Whistleblowing/ Retaliation
      • False Claims Act
  • En Español
  • Flat-Fee Services
  • Video Center
  • Blog
  • Contact

 407-803-5400​

Strategic Legal Guidance For Every Aspect Of Your Work Concerns

Pregnancy Discrimination in Florida after the Delva Decision

As you may know, in Delva v. The Continental Group, Inc., Case No. SC12-2315 (Fla. April 17, 2014), the Florida Supreme Court resolved a split among Florida appellate courts as to whether the Florida Civil Rights Act (“FCRA”) prohibits pregnancy discrimination in employment. As expected, the Florida Supreme Court determined that the FCRA’s prohibition on sex discrimination in employment was broad enough to include pregnancy discrimination, which it found to be “a natural condition and primary characteristic unique to the female sex.” Notably, the Delva decision does not change the legal burdens and obligations of Florida employers who have 15 or more employees, but the decision does have some procedural/practical effects on potential discrimination claims.

Previously, if a female plaintiff wanted to sue a defendant for pregnancy discrimination, she would have been forced to litigate such a claim in federal court under the Pregnancy Discrimination Act or face possible dismissal of her claim. Now, plaintiffs may file in state court where state judges are less likely to grant an employers’ motion for summary judgment than their federal peers. Additionally, plaintiffs and employers alike should be aware that the FCRA, unlike its federal counterpart, permits the recovery of unlimited compensatory damages. Thus, while the Delva decision does not change the legal obligations of an employer, the stakes just got higher for an employer who engages in pregnancy discrimination. The FCRA can now be used as a tool by savvy plaintiffs who choose to file their claims in state rather than federal court where having their cases heard before a jury which can award substantial damages are increased.

Recent Posts

  • When “culture fit” becomes a legal risk
  • 5 clauses in severance agreements that can affect your career
  • What to do when a whistleblower’s performance has been declining?
  • Signs of age discrimination during a layoff
  • Remote work bias in Florida workplaces: 2 issues to watch

Archives

Categories

  • blog
  • Discrimination
  • Employment Law – Employee
  • Employment Law – Employer
  • Firm News
  • Severance Agreements
  • Wage And Hour Laws
  • Whistleblowing

RSS Feed

Subscribe To This Blog’s Feed

Office Location

932 N. Maitland Ave.
Maitland, FL 32751

Phone: 407-803-5400

Maitland Office
Review Us

How Can We Help?

Do you have a workplace matter on your hands? Get a team that understands the nuances of Florida employment law from both sides of the courtroom. Schedule your consultation today.

© 2026 Wilson McCoy, P.A. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw