New York State Pregnancy Discrimination Laws

Dedicated Lawyers Fighting for the Rights of Pregnant Women

New York law protects pregnant women from workplace discrimination. The New York pregnancy discrimination attorneys of Phillips & Associates have helped countless pregnant women fight discriminatory work practices. If your employer has broken the law, we can help you assert your rights and seek compensation for your losses.

New York Employers May Not Discriminate Against Working Mothers

New York state law protects pregnant women from discrimination in many ways. Beginning with the hiring process, employers cannot discriminate against pregnant women by not offering them a job, promotion, or other benefits solely because they are pregnant. As long as the pregnant employee or prospective employee can perform the tasks of the job, she must be treated the same as any other employee.

If a woman becomes pregnant after hiring, her employer cannot force her to take time off or take a leave of absence, unless she is unable to reasonably perform the tasks associated with her job. A woman also cannot be fired simply for being pregnant.

In some cases, employers must provide reasonable accommodations to help pregnant women do their jobs. New York City pregnancy discrimination laws also include this requirement. Although not explicitly allowed under state law, if the woman has a pregnancy-related disability, the employer may be required to provide reasonable accommodations.

Since pregnancy discrimination is a form of gender discrimination, moreover, the same harassment principles apply. New York law makes it illegal for employers or coworkers to create a hostile work environment based on an employee’s pregnancy. Once a woman has her child and returns to work, moreover, her employer is required by New York law to give her breaks for the purpose of breast feeding or pumping breast milk.

Pregnancy Leave is Provided Under Federal Law

New York does not have a pregnancy leave law similar to the Family Medical Leave Act (FMLA). Therefore, pregnant New Yorkers must rely on the federal law to grant protected leave benefits associated with time off from work due to pregnancy.

If an employee is temporarily disabled by a pregnancy, however, she may be entitled to temporary benefits under the New York state disability laws. Ask an experienced attorney if you qualify for these benefits.

The New York State Human Rights Law Protects Pregnant Women

The primary state law that protects pregnant women in New York is called the New York State Human Rights Law. It offers many of the same protections that are offered in the federal Pregnancy Discrimination Act (PDA), which is an amendment to the Civil Rights Act of 1964. The state Human Rights Law, however, applies to a broader range of employers than the federal law. As long as an employer has four or more employees, the employer is subject to the state law.

Discuss Your Pregnancy Discrimination Case with an Experienced Attorney

Pregnant women deserve to be treated the same as any other employee, and New York state law guarantees that right. If you have been treated differently because you are pregnant, you may have the right to hold your employer accountable. Philips & Associates is comprised of New York pregnancy discrimination lawyers who can fight to protect your rights. Call (212) 248-7431 or visit our contact page to schedule a free initial consultation.

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