Phillips & Associates, PLLC is pleased to report that Jesse Rose, who serves Of Counsel to our firm, recently secured a significant ruling from the United States District Court for the Eastern District of New York in a pregnancy discrimination and sexual harassment case.
The case, Girshek v. Conquest Sport Group LLC and Jack Gabbay, was brought on behalf of our client, who alleges that Conquest's CEO subjected her to a pattern of unwelcome, gender-based conduct tied to her pregnancy, including inappropriate comments and physical contact, and that she was ultimately terminated because of her pregnancy and requested accommodations. The defendants moved to compel arbitration under an employment arbitration agreement and stay the federal court proceedings.
Judge Carol Bagley Amon denied that motion. The court's opinion applied the Ending Forced Arbitration in Sexual Assault and Sexual Harassment Act of 2021, a federal law that can make certain predispute arbitration agreements unenforceable in cases involving sexual harassment disputes.
Because the New York City Human Rights Law does not itself define “sexual harassment,” Judge Amon adopted a standard holding that unwelcome verbal or physical conduct based on gender qualifies, even where that conduct is not lewd or romantic in nature. Applying that standard to the allegations here, the court found that the case falls within the EFAA's protections, meaning the arbitration agreement cannot be enforced and our client's case will proceed in federal court.
“This decision confirms that pregnancy-related harassment can qualify as sexual harassment under the NYCHRL, which can determine whether an employee is forced into arbitration or allowed to proceed in court,” said Jesse Rose. “It's a meaningful ruling for employees who've signed arbitration agreements but still deserve their day in court.”
What Pregnancy Discrimination Often Looks Like in the Workplace
Pregnancy discrimination rarely arrives as a single dramatic event. It more often develops through a gradual change in how an employee is treated after she discloses a pregnancy, requests maternity leave, or returns to work.
Common warning signs include:
- Negative comments about pregnancy, maternity leave, or becoming a mother
- Remarks suggesting the employee is no longer committed to her work
- Questions about childcare or future plans that other employees are not asked
- Reduced responsibilities after announcing a pregnancy
- Exclusion from meetings, projects, clients, or advancement opportunities
- Pressure to begin leave earlier than medically necessary
- Different treatment after the employee begins to show
- Demotion or lost opportunities after returning from maternity leave
One of the first things employment lawyers examine is what changed after the pregnancy was disclosed. Performance criticism that suddenly begins, discipline that appears for the first time, reduced hours, reassignment, exclusion, or termination shortly after disclosure can all point toward pregnancy discrimination or pregnancy retaliation. The closer these changes follow the disclosure, the more weight they tend to carry as evidence.
These cases also frequently arise after an employee requests pregnancy accommodations, particularly during a high-risk pregnancy. Lifting restrictions, modified duties, additional restroom breaks, temporary schedule changes, sitting instead of standing, and time off for medical appointments are common and often medically necessary requests. An employer that punishes an employee for making them may create separate legal issues, including claims for pregnancy retaliation or maternity leave retaliation.
The decision also matters beyond this one case. When the Ending Forced Arbitration Act applies, employees who signed an employment arbitration agreement may still be able to pursue pregnancy discrimination and related sex discrimination claims in court rather than in private arbitration. For many workers, that difference shapes the entire course of a case.
This ruling reflects our firm's continued work on New York pregnancy discrimination and gender discrimination matters throughout New York City. If you believe you have experienced discrimination or harassment related to pregnancy in the workplace, contact Phillips & Associates, PLLC at (866) 229-9441 to discuss your rights.
About Jesse Rose
Jesse C. Rose serves as Of Counsel to Phillips & Associates, PLLC and has worked with Managing Partner William Phillips and our firm since 2011, handling sexual harassment and employment discrimination matters throughout New York City and the surrounding area.