Peguy Delva v. The Continental Group, Inc.

Summary

The Florida Supreme Court held that discrimination based on pregnancy is sex discrimination prohibited by the Florida Civil Rights Act of 1992. The Court quashed the Third District Court of Appeal’s decision dismissing Peguy Delva’s complaint, approved the result in Carsillo v. City of Lake Worth, and remanded with directions to reinstate the complaint. The Court did not decide the merits of Delva’s employment discrimination claim.

Holdings

1. Discrimination based on pregnancy is subsumed within the Florida Civil Rights Act's prohibition against employment discrimination because of an individual's sex.
2. Delva stated a cause of action for sex discrimination under the FCRA by alleging that adverse employment actions were taken because of her pregnancy, so her complaint should not have been dismissed.

Questions Presented

1. Whether section 760.10 of the Florida Civil Rights Act of 1992, which prohibits employment discrimination because of an individual's sex, encompasses discrimination based on pregnancy.
2. Whether Delva's complaint stated a cause of action for sex discrimination under the Florida Civil Rights Act.

Disposition

quashed