Manhattan Pregnancy Discrimination

In most contexts, pregnancy is treated with the utmost respect and reverence for the special time it represents for a woman and her family. However, pregnant women can face discrimination and outright hostility in the workplace, making it difficult or even impossible for them to do their jobs properly.

Fortunately, federal and state lawmakers have taken notice of this vicious practice, and have passed several different laws that protect against discrimination based on pregnancy. If you believe that you are being treated unfairly or unequally on the basis of pregnancy, you should contact the Manhattan pregnancy discrimination lawyers at Phillips & Associates today.

HOW TO RECOGNIZE DISCRIMINATION BASED ON PREGNANCY

While pregnancy can have an impact on your ability to work, the extent of that impact depends on your individual pregnancy, the nature of the duties required by your job, and the progression of the pregnancy in relation to work duties. You are not required to disclose your pregnancy to your employer unless you believe that it will interfere with your ability to perform your job.

Unlawful pregnancy discrimination in Manhattan includes, but is not limited to:

  • Discrimination in the hiring or application process, solely on the basis of pregnancy.
  • Denying reasonable workplace accommodations related to pregnancy.
  • Failure to accommodate an employee’s request for time off in order to attend pregnancy-related medical appointments without good reason.
  • Failure to grant employee’s request for leave of absence related to pregnancy.
  • Comments regarding how employee’s “condition” creates an increased burden for “the rest of us” or that “a pregnant woman doesn’t belong in the workplace.”

Pregnancy discrimination can and does affect women across the full spectrum of workplace settings. Whether the pregnant woman is in the minority or majority gender, this kind of discrimination can occur in factory and construction jobs, retail stores, office jobs, and at the executive level in large corporations. In fact, women who work in high-pressure white collar jobs requiring substantial hours often face the most subtle – and most severe – forms of pregnancy discrimination.

NEW YORK STATE AND FEDERAL LAW PROHIBIT DISCRIMINATION BASED ON PREGNANCY

There are several federal laws designed to afford special protections to pregnant women. The first of these is the Pregnancy Discrimination Act (PDA), which is a special amendment to the Civil Rights Act of 1964, and applies to employers with 15 or more employees. It forbids discrimination in any aspect of employment based on pregnancy, and therefore encompasses hiring, firing, determination of promotions or assignments, layoffs, training, and benefits. The PDA further provides that a pregnant employee must be accommodated and treated like any other temporarily disabled employee.

Another federal protection is the Family Medical Leave Act, which allows for unpaid, position-secure leave for a mother or father for 12 weeks following the birth of a child. New York laws provide additional protections for individuals employed by smaller companies.

EXPERIENCED MANHATTAN PREGNANCY DISCRIMINATION ATTORNEYS

Even if you have already given birth, you may be entitled to file a claim for any discrimination you faced during your pregnancy. Bear in mind, however, that there are statutes of limitations that may bar your claims if you don’t act quickly. If you feel that you have been treated unequally, or your employer has failed to provide reasonable accommodations solely on the basis of your pregnancy, you should contact the experienced Manhattan pregnancy discrimination attorneys at Phillips & Associates. Our firm is dedicated to zealously representing victims of discrimination in the workplace, and we have successfully prosecuted a variety of Manhattan employment discrimination claims. Additionally, we work on a contingency basis, which means that you will not be charged attorney’s fees unless and until we recover compensation for you. Call us today at (212) 248-7431 or submit our online Contact Us form in order to schedule your free and confidential consultation.

PHILLIPS & ASSOCIATES
45 Broadway, Suite 620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
info@tpglaws.com
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