Lawyers in New York Protect Women from Pregnancy Discrimination in the Workplace
When you experience pregnancy discrimination in the workplace, our attorneys know how to protect your best interests. We are a full-service employment discrimination firm representing clients in New York City and the entire New York metropolitan area, including Long Island.
If you are a pregnant woman, you should understand what your workplace rights are. Among them are right to receive the same treatment as other employees and rights regarding time off for medical treatment and workplace accommodations if you need them.
We have employment discrimination lawyers with significant experience handling claims of pregnancy and nursing discrimination in the workplace. We take a hands-on, team-based approach to all matters to ensure our clients receive personal and professional representation. New York has laws that protect its workers and if you experience gender discrimination or pregnancy discrimination you may be able to seek monetary damages from your employer. We have the compassion and experience to help you navigate a claim, negotiate a fair settlement or successfully represent you in a court of law. Contact us to find out more about your pregnancy discrimination claim.
Employment Discrimination Because of Pregnancy – What is it?
Employment discrimination occurs when an employee or job applicant is treated differently because of a protected characteristic. Pregnancy discrimination occurs in the employment context when someone is treated differently or harassed because of her pregnancy or symptoms/conditions related to the pregnancy.
Consider the following ways you might experience pregnancy discrimination:
- Your co-workers harass you because you are pregnant
- Your employer fires you because you are pregnant
- Your employer fires you because you may at some point in time become pregnant
- When you are scheduled to come back to work after maternity leave, your employer tells you that you no longer have a job
- A prospective employer refuses to hire you for a job that involves travel because you might become pregnant
- A prospective employer does not hire you because you are pregnant and assumes you will quit after the baby is born
- Your employer singles you out or treats you differently than other employees because you may become or are pregnant
- Your employer puts you on the “mommy track” because you are planning to become pregnant
If any of these scenarios seem familiar to you, you may want to consult with a gender discrimination attorney in New York to find out more about your rights.
How the Pregnancy Discrimination Protects You from Discrimination
The Pregnancy Discrimination Act (PDA) is a federal law that amended the Civil Rights Act of 1964. The PDA clarifies that pregnancy discrimination in the context of employment is a form of unlawful sex discrimination under Title VII of the Civil Rights Act of 1964. In fact, discrimination based on pregnancy, childbirth or medical conditions related to either, is unlawful and in violation of federal employment discrimination statutes. Workplace discrimination against nursing mothers is as well.
Under the PDA, pregnancy is similar to a short term disability. An employer must treat things like morning sickness, the need for bed rest or breaks and additional complications that may occur in the same way as any other temporary illness or disability.
Are You a Victim of Pregnancy Discrimination in the Workplace?
Employment discrimination can occur in a variety of ways. When an employer makes a decision about a condition of your employment because you are thinking of becoming pregnant, pregnant or have a pregnancy-related disability, you may be receiving treatment that violates the law. Consider the following questions-
- Did a prospective employer ask on an application or during an interview how many children you have?
- Did the person conducting your interview ask if you plan to become pregnant?
- Did your boss fire you for taking too many breaks to use the restroom – because your pregnancy demands it?
- Did you make a request for a reasonable accommodation that your boss denied because of undue hardship?
- Did you ask to stop lifting boxes for the duration of your pregnancy because of back pain? Did your supervisor deny your request but allow your co-worker to stop lifting boxes while recovering from surgery?
- Did your employer deduct wages for missing work to visit your doctor for pre-natal care but not deduct pay for your colleague when he or she went to physical therapy after sustaining an injury?
- Did you tell your employer of your pregnancy and receive notice of termination? Did you mention you were planning to start a family and start getting bad performance reviews?
Learn more about pregnancy discrimination and if you have a claim against your employer by reaching us out today.
State Laws Reinforce the Employment Rights of Pregnant Employees
The Civil Rights Act and the PDA are not the only federal laws that provide pregnant employees with protection against workplace discrimination. The Family Medical Leave Act, for example, allows women to take up to twelve weeks of unpaid leave, for pregnancy related or other reasons, without worrying about losing their position. The Americans with Disabilities Act also provides support for the rights of pregnant women.
As is the case in other employment discrimination areas, New York State provides additional legal protections to the individuals working here. New York State Human Rights Law (NYSHRL) also makes it unlawful to discriminate against someone because of pregnancy or any condition related to pregnancy. Where federal laws only apply to businesses with at least 15 employees, to be bound by NYSHRL, businesses only need to have 4 or more workers, giving enforceable rights to potentially more female workers than federal laws do. Discrimination based on familial status is also unlawful in New York and includes pregnancy.
Contact Us to Discuss Your Situation and Determine if You Have a Case
You live in a state that supports federal laws and provides some of the most comprehensive protection for women in the workforce when it comes to sex and pregnancy-related discrimination.
Employment law attorneys take pride in helping hard working women in New York like you secure the compensation you deserve when an employer fails to comply with these laws. We have spent several decades advocating on behalf of employees who are mistreated and have the experience to navigate your pregnancy discrimination claim and secure a positive outcome. We can help you recover monetary compensation including pack pay, money for emotional distress and other remedies that may be available to you.
There are time limits to filing claims so call us today at 1-800-585-4658 for a free case evaluation. We can discuss your pregnancy discrimination matter and together determine the best way to proceed to protect your interests. Someone is here 24/7 to answer your call.