Legal Question in Disability Law in Florida

Pregnancy and Sea World

My daughter worked at Sea World for 4 months. They knew she was pregnant at the time of hire. Her pregnancy has been difficult. It has been said that she may have preeclampsia. Her blood pressure has been so high, that the Doctor released her from work. My daughter went to HR at Sea World. They terminated her employment (rather than lay her off with rehire). They said they would make the termination favorable for rehire. Is termination a violation of the ADA, or any EEOC regulation, under these circumstances? My daughter is very upset about this termination. Furthermore, she is a single parent of a two year old child. She does have child support from the father of the two year old, and the assistance of the father of the unborn (some financial and emotional). What do you think of this situation? Is it discrimination to fire her?


Asked on 1/08/04, 11:01 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Pregnancy and Sea World

This may be a violation of the Pregnancy Discrimination Act, as well as Florida law. In general, employers may not treat pregnancy different from other "disabilities," such as short term illness. So, if Sea World does not discharge others in similar circumstances, they may not discharge a pregnant employee. I would need to know more of the facts before I could properly advise your daughter. Please tell her to feel free to call for a complimentary consultation. Or, if she prefers, she can call the EEOC and file a discrimination complaint with them (or perhaps with the county human rights commission where she worked). She has to file such a complant before she can sue, and there are time limits involved so she should not delay.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 1/09/04, 12:05 am


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