Phillips & Associates

Denial of Promotion due to Pregnancy

New York Lawyers Dedicated to Helping Women at Work

Pregnant women should not be overlooked for a promotion simply because they are pregnant. Fortunately, this behavior is prohibited by federal, state, and local law. Employers that engage in these unlawful acts may be subject to an award of damages against them. The pregnancy discrimination attorneys of Phillips & Associates can help you if your rights have been infringed at a New York workplace.

Employers May Not Treat Women Differently on the Basis of Pregnancy

There are three primary laws that prohibit discrimination against women expecting children in New York. The first is an amendment to the federal Civil Rights Act of 1964 called the Pregnancy Discrimination Act (PDA). Generally, employers with 15 or more employees are subject to the law. The PDA makes any kind of discrimination based on a woman’s pregnancy illegal. Employers may not discriminate in any aspect of employment, including the hiring, firing, or promoting of employees. This means that if you were qualified to receive a promotion and your supervisor passed you over because you were pregnant, you may have a claim under the PDA.

The New York City and New York State Human Rights Laws also protect workers from pregnancy discrimination. The same principles that guide the federal law are also applicable here. An employer cannot skip over a qualified employee for a promotion simply because that individual is pregnant. One difference in the state and city laws compared to the federal law is that they apply to employers with as few as four employees.

New York City has established additional protections for pregnant women, including a mandate that employers provide reasonable accommodations for them. This means that companies may not take adverse action against a female employee because she received a reasonable accommodation as a result of her pregnancy.

If a woman believes she has been the victim of unlawful discrimination, she must first file an administrative claim with the Equal Employment Opportunity Commission (EEO) before pursuing a claim under federal law. An experienced attorney can guide you through the steps of filing a discrimination claim.

If a woman successfully proves her pregnancy discrimination case, she may be entitled to damages. These compensate the employee for the costs associated with the unlawful conduct, including back pay at the rate she should have been paid if given the promotion, and emotional damages. Plaintiffs may also win injunctive relief that forces the employer to end the discriminatory practices. In cases of egregious behavior, women who pursue a claim under federal law may also be awarded punitive damages.

Seek Damages for Gender Discrimination with the Help of a New York Attorney

Women should not be discouraged from starting a family for fear of retaliation at work. If you were passed over for a promotion because of your pregnancy, your employer may have broken the law. The gender discrimination lawyers at Phillips & Associates have significant experience helping New York employees protect their rights at work. To see if we can help you, call (212) 248-7431 or fill out our contact form online today.

45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
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