Pregnancy may change how you do your job. You may need extra breaks, lighter duties, or a different work schedule. But if your employer cuts your hours after learning that you are pregnant, it may cause concern, especially if it reduces your income.
Florida and federal laws protect workers from pregnancy discrimination. These laws can apply to pay, work hours, schedules, job duties, and other parts of employment. The Pregnancy Discrimination Act and the Pregnant Workers Fairness Act provide federal protections. Florida law also bans discrimination because of pregnancy.
When cutting hours may be discrimination
An employer does not automatically violate the law every time a pregnant employee works fewer hours. The reason for the schedule change matters.
For example, cutting an employee from 40 hours to 25 hours shortly after learning about the pregnancy may raise concerns if the employer does not make similar changes for other workers. The same may apply when an employer reduces hours because of assumptions about a pregnant employee’s ability to work.
Federal and State law specifically prohibit discrimination based on pregnancy in compensation, employment terms and working conditions.
When shorter hours may be an accommodation
A reduction in work hours may sometimes serve as a reasonable accommodation instead of discrimination. The PWFA may require covered employers to make reasonable changes for known pregnancy-related limitations unless the change would cause an undue hardship. Depending on the circumstances, an adjusted schedule may include working fewer hours or moving to part-time work.
The key difference is who requested the change and why. Consider these examples:
- An employee asks for shorter shifts because a pregnancy-related condition makes long shifts difficult.
- An employer cuts hours without the employee requesting the change because management assumes pregnancy will limit her ability to work.
- An employee requests another accommodation that would allow her to keep her regular schedule.
Looking at schedules, emails and statements from supervisors can help establish why the hours changed. Seeking legal assistance can also help you assess whether the circumstances may support a pregnancy discrimination or accommodation claim.
When the schedule change raises concerns
A reduction in hours does not always mean discrimination occurred. However, timing, comments from management and how the employer treats other employees can provide important context.
If pregnancy leads to a sudden loss of work hours, the reason behind that decision may matter as much as the schedule change itself.