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

UPDATED: Feb 9, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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