Brooklyn Pregnancy Discrimination Attorneys

Fighting For Pregnancy Discrimination Victims in New York

Phillips & Associates, PLLC is a recognized Brooklyn pregnancy discrimination law firm dedicated to assisting victims of pregnancy discrimination in Brooklyn and other boroughs of New York. Pregnancy should never be the basis of unequal or inappropriate treatment at work. Some women are fired or demoted after telling their boss they are pregnant. Our pregnancy discrimination attorneys fight for your rights in the workplace. At Phillips & Associates, PLLC, we handle cases on a contingent fee basis, which means that we charge absolutely no attorney’s fees unless we recover compensation for you. Contact our office for a free initial consultation today at (866) 229-9441.

Call us today at (866) 229-9441 or contact us online to schedule a consultation with our pregnancy discrimination attorney in Brooklyn.

What Is Pregnancy Discrimination?

Discrimination on the basis of pregnancy, childbirth, or related conditions is a form of gender discrimination based upon outmoded sexual stereotypes. The notion that a woman cannot be both a mother and a productive worker is outdated and biased. Yet it persists. Last year, the Equal Employment Opportunity Commission received 6,293 charges of pregnancy-based discrimination and recovered $18 million in monetary benefits for aggrieved parties. 

According to statistics from the U.S. Department of Labor, many pregnancy discrimination cases go unreported. Evidently, some employers still use pregnancy as an excuse to question a woman’s loyalty and penalize women for “choosing” family over career. Phillips & Associates represents victims of pregnancy discrimination in Brooklyn and New York City.

Common Examples of Pregnancy Discrimination in the Workplace

Like other forms of workplace discrimination, pregnancy discrimination can take many forms; some are more subtle than others. Examples of pregnancy discrimination may include:

• Inferring that a woman cannot handle her job duties because she is pregnant
• Deriding a mother’s decision to scale back hours and work part-time
• Referring to pregnancy as a “problem” because it “creates more work” for others
• Refusing to provide pregnant women with fair treatment or reasonable accommodation
• “Mommy-tracking” women into positions that hurt their earnings potential
• Denying time off to make visits to the obstetrician or take care of a child
• Passing over a pregnant woman for promotion, bonus, or other benefit
• Forcing pregnant women to use sick or vacation days in lieu of maternity leave
• Demoting a woman after she returns from maternity leave
• Firing a woman during or after maternity leave
• Retaliating against women who complain about pregnancy discrimination

Our attorneys handle sexual harassment in Brooklyn and the New York City area.

Is Pregnancy Discrimination in the Workplace Illegal? 

In the city of Brooklyn, state, and federal laws prohibit workplace discrimination. In 1978, Title VII of the Civil Rights Act was amended to include the Pregnancy Discrimination Act (PDA) to prohibit all forms of sex discrimination. Title VII covers employers with 15 or more employees, employment agencies, and labor organizations. Under the PDA, an employer cannot refuse to hire a woman because of her pregnancy or subject her to special procedures to determine her ability to work. Pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations. Where the employee is temporarily unable to perform her job due to pregnancy, she must be treated the same as any other temporarily disabled employee (TDE). This means she can modify tasks, perform alternative assignments, or take disability leave if the same accommodation is offered to TDEs.

FMLA Claims

The Family and Medical Leave Act (FMLA) provides up to 12 weeks of job-protected, unpaid leave to eligible, covered employees for the birth and care of a child or for the placement for adoption or foster care of a child with the employee. While the PDA and FMLA are federal laws that apply to most workers, New York State law also provides protections for employees who work at smaller employers whose workers may not be covered by Title VII. An experienced attorney can explain how these laws apply to your case. We handle pregnancy discrimination in Brooklyn and the New York City area. Don’t be a victim of pregnancy discrimination. Speak with our Brooklyn pregnancy discrimination lawyers today. Call Phillips & Associates for a free consultation (866) 229-9441.

What To Do If You Face Pregnancy Discrimination

When you start to suspect that you are being treated differently at work because of your pregnancy, it can be confusing and frightening. Taking practical steps early can protect your job, strengthen any future legal claim, and give you more control over the situation. These steps apply whether you work for a large employer in Downtown Brooklyn or a smaller business elsewhere in Kings County.

Helpful steps to protect yourself include:

• Document what is happening by keeping a timeline of comments, schedule changes, write-ups, and other actions related to your pregnancy.
• Save relevant documents such as emails, text messages, performance evaluations, and policy handbooks in a safe place outside of your workplace systems.
• Review your employer’s policies on discrimination, accommodations, and leave so you understand what your company has promised in writing.
• Consider making an internal complaint to human resources or a manager, following any reporting steps laid out in the handbook.

In Brooklyn, you may also have the option of filing a charge with the New York City Commission on Human Rights or the New York State Division of Human Rights, in addition to the Equal Employment Opportunity Commission. A pregnancy discrimination attorney in Brooklyn can explain the pros and cons of each route, help you avoid missing important filing deadlines, and guide you on how to continue doing your job while your concerns are being investigated.

Frequently Asked Questions

Can My Employer Fire Me in Brooklyn Because I Am Pregnant?

Employers covered by federal, New York State, or New York City anti-discrimination laws generally cannot fire or demote an employee because she is pregnant, has given birth, or has a related medical condition. An employer may still make legitimate business decisions, but it cannot use pregnancy as the reason. If you are told you are being let go shortly after disclosing your pregnancy, or if explanations seem inconsistent, it may be worth speaking with an attorney about your rights.

Do I Have To Tell My Employer That I Am Pregnant?

You are not required to share your pregnancy news on a particular schedule, but you may need to give enough notice if you plan to request leave or accommodations. Some people choose to wait until after the first trimester, while others disclose earlier if they need schedule changes or restrictions. If you are worried that disclosure may lead to discrimination, you can discuss the timing and strategy with a lawyer before speaking to your supervisor or human resources.

What Kinds of Compensation Might Be Available in a Pregnancy Discrimination Case?

Possible remedies can include back pay for lost wages, front pay if you cannot return to your old position, and compensation for emotional distress caused by discriminatory treatment. In some cases, changes to company policies or training requirements may also be part of a resolution. The types and amounts of recovery depend on the facts of your case, the laws that apply, and how much harm you experienced at work and at home.