Delva v. Continental Group, Inc.
Annotate this CasePlaintiff filed a lawsuit against Defendant, her former employer, alleging that Defendant took adverse employment actions against her after she revealed that she was pregnant. The trial court dismissed Plaintiff’s lawsuit for failure to state a cause of action. The court of appeal affirmed, concluding that Florida law does not prohibit pregnancy discrimination in employment practices. The Supreme Court quashed the court of appeal’s decision and remanded with directions that the trial court reinstate Plaintiff’s complaint, holding that the provision in the Florida Civil Rights Act (FCRA) making it an unlawful employment practice for an employer to discriminate based on an individual’s sex includes discrimination based on pregnancy, which is “a natural condition and primary characteristic unique to the female sex.”
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