Can my employer lower my salary because I’m pregnant for the second time?

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Can my employer lower my salary because I’m pregnant for the second time?

I’ve been with my employer for over 2 years and was employed with the same employer with my first pregnancy. Nothing changed since my last pregnancy; I worked up until the day before I gave birth. Can he legally lower my pay because I’m pregnant?

Asked on February 9, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, your employer may not lower your salary because you are pregnant. Federal law, as well as the law of many states, specifically prohibits discriminating against women because of pregnancy. If your pregnancy is preventing you from working all the hours you used to, or from doing all the duties of your job, then it might be legal--the law does not require  employers to pay employees who are not or cannot work. But if you are still able to do your job, then no--your employer may not lower your pay because you are pregant. You may have a legal claim for compensation; you therefore may wish to meet with an employment law attorney to discuss your options. Good luck.


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