Firing a Pregnant Bartender?

A Pregnant bartender was fired because the bar didn’t want her to get hurt in a bar fight- is this legal? Here is what happened.

 A Texas pub allegedly cut a pregnant bartender's hours and eventually fired her because it believed she wouldn’t be safe working there. There are new discrimination laws that protect pregnant women in the workplace- so firing a pregnant worker is typically not a good idea.

Pregnancy discrimination involves treating an individual — an applicant or employee — unfavorably in any aspect of employment- this includes  hiring, firing, pay, job assignments, promotions, layoffs, training.

When a pregnant worker is treated unfavorably, it’s often based on stereotypes and assumptions about the employee’s ability to perform the job while pregnant- and these types of assumptions are illegal.

There are many laws that protect pregnant employees, including the Pregnant Workers Fairness Act, the Family Medical Leave Act and the PUMP Act, Just because an employee is  pregnant, or just because she may have to miss work, does not mean the employer can terminate her or change her shifts or not allow her to work with certain clients.  If decisions are based on the fact that an employee is pregnant, it probably violates the law.

Florida businesses should make sure be aware of what employment laws apply to the company and take steps to implement compliance with them. 

Karly Wannos, Esq., of the Wannos Law Firm, PA is an employment attorney in Florida. She helps companies comply with the employment laws through legal guidance, customized workshops and trainings and preparation of legal documents and employee handbooks.

Connect with Karly Wannos at The Wannos Law Firm, Instagram and Linkedin and on The Employment Experience Podcast.

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