Filing a Pregnancy Discrimination Claim with the EEOC
Pregnancy discrimination is an unfortunate reality faced by many New York women. Federal and state laws prohibit this unfair treatment and allow workers to take action against employers or prospective employers who break the law. The first step in asserting your rights is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The pregnancy discrimination attorneys of Phillips & Associates can help a New York employee pursue a claim with the EEOC, and, if necessary, follow up by bringing a lawsuit in court.HOLD EMPLOYERS ACCOUNTABLE FOR PREGNANCY DISCRIMINATION
Pregnancy discrimination is a form of unlawful gender discrimination, and it is forbidden by federal, state, and New York City law. This conduct can take many forms. For example, the federal Pregnancy Discrimination Act says that an employer cannot refuse to hire a prospective employee simply because she is pregnant. Similarly, employers cannot fire, reduce the hours of, or demote a worker solely because of her pregnancy. If a pregnant employee can do her job, she must be allowed to keep it. New York City’s Pregnancy Fairness Act goes even further, requiring employers to provide pregnant workers with reasonable accommodations, such as extra breaks, help with performing laborious tasks, or rearranging a work schedule.
Pregnancy discrimination may also take other forms, such as inappropriate comments or questions about your situation that lead to a hostile work environment based on gender. This can give rise to legal action as well.HOW TO FILE A CLAIM WITH THE EEOC
If a woman believes she has endured unlawful treatment by an employer, her first step is to file a claim with the EEOC within 180 days of the illegal conduct. Laws governing employment discrimination require a worker to use the procedures of this federal agency before bringing a lawsuit in court. The person may file the claim on her own, or she can hire an attorney to handle it on her behalf. It is usually in your best interest to consult a lawyer before you pursue an EEOC claim, so you can be sure you are prepared to present the strongest possible evidence.
Once the agency receives the claim, it will notify the employer and begin an investigation. The EEOC may conduct interviews, visit the workplace, and gather other evidence relevant to evaluating the situation. If it determines that the employer has engaged in discrimination, it will attempt have the parties resolve the claim without filing a lawsuit. You do not have to agree to any proposed solution, and it is important that you consult an attorney who can explain the consequences of such an agreement.
The EEOC also might recommend mediation, but neither party is obligated to participate. If the parties do not resolve the claim, the agency will either prosecute the charge itself, which is rare, or issue the employee a Right to Sue, which gives her the freedom to pursue a lawsuit in court.
Remember that you cannot be fired for complaining to the EEOC of illegal pregnancy discrimination. If you are terminated, your employer may have broken the law a second time.DISCUSS YOUR DISCRIMINATION CLAIM WITH EXPERIENCED NEW YORK ATTORNEYS
If you have suffered from illegal pregnancy discrimination, you have a legal right to file a claim with the EEOC. Even if you are no longer pregnant, you have not necessarily waived your right to take action. Phillips & Associates is comprised of employment discrimination lawyers who have pursued many EEOC claims based on the unlawful actions of New York employers. To schedule a free case evaluation, call (212) 248-7431 or fill out our online contact form.
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