Pregnancy Discrimination Lawyers in New York
why is Pregnancy and Maternity Discrimination Not Acceptable in Workplaces?
While pregnancy and maternity can be wonderful experiences, it can also lead to employers, coworkers, or customers acting on preconceived ideas about what a pregnant or new parental worker is capable of doing. You should be able to come to the workplace and be free from discriminatory attitudes because of your pregnancy, labor, or childbirth.
If you suffer pregnancy discrimination on the job, you should call trusted pregnancy discrimination lawyers. Our firm seeks the best results for pregnant workers and mothers. We have negotiated many settlements and won substantial awards at trials.
Contact our New York pregnancy discrimination lawyer online or by calling (866) 229-9441 today!
What Are Some Common Examples of Discrimination Faced by Pregnant Employees?
Some common examples of discrimination faced by pregnant employees include:
- Refusal to hire or promote: Employers may deny job opportunities or promotions to pregnant individuals based on their pregnancy status or the assumption that they may require time off or accommodations.
- Termination or forced resignation: Pregnant employees may face unfair dismissal or pressure to resign due to their pregnancy, despite their job performance.
- Denial of reasonable accommodations: Employers may fail to provide necessary accommodations for pregnant employees, such as modified work schedules, temporary reassignments, or the ability to sit or stand as needed.
- Harassment or hostile work environment: Pregnant employees may experience offensive or derogatory comments, jokes, gestures, or discriminatory treatment related to their pregnancy.
- Loss of benefits or privileges: Employers might deny pregnant employees access to certain benefits, bonuses, or career opportunities that are available to other employees.
- Unequal treatment: Pregnant employees may receive differential treatment compared to their non-pregnant colleagues in terms of workload, assignments, training opportunities, or performance evaluations.
If someone believes they have experienced discrimination, it is advisable to consult with a legal professional to understand their rights and pursue appropriate recourse.
do You Have a Pregnancy Discrimination Lawsuit?
There are many forms of pregnancy discrimination you could face on the job, whether you are trying to become pregnant and start a family, or you are already pregnant. Discrimination occurs if your employer or prospective employer takes an adverse action against you based on your pregnancy.
Adverse employment actions that may be actionable in NY and other states can include failure to hire, firing, layoffs, failure to promote, demotion, harassment, disparate pay, and failure to provide reasonable accommodation. Sometimes discrimination is subtle and can result in discretionary personnel decisions or getting passed over for plumb opportunities. If you face these actions and believe it’s because of your pregnancy, pregnancy-related condition, or childbirth, you should call our discrimination lawyers who serve workers' rights.
You aren’t required to disclose your pregnancy to your employer unless it interferes you’re your ability to do your job. You also aren’t required to take a leave of absence based on your pregnancy unless you become unable to perform your job duties in a reasonable fashion because of your pregnancy. For example, if you are no longer able to stand because of the pregnancy-related condition pubic symphysis, and your job involves standing for 8 hours, you may need to take a leave of absence.
If you've been the victim of discrimination due to your pregnancy, contact our New York pregnancy discrimination attorney by calling (866) 229-9441 today!
does the pregnancy discrimination act Protect Me as a Pregnant Woman?
The federal Pregnancy Discrimination Act prohibits discrimination against workers based on their pregnancy, pregnancy-related condition, or labor. Under this law, you are supposed to be provided accommodations in line with what an employer provides a temporarily disabled employee whether that is a modification to the job or leave. However, this law applies only to those businesses that have at least 15 employees.
If we represent you, our discrimination lawyers will also look at whether you can seek relief under other laws. Regardless of their size, all employers are prohibited from making employment decisions based on your pregnancy under the New York State Human Rights Law. Additionally, the state law explicitly defines pregnancy-related conditions such as preeclampsia or gestational diabetes as disabilities that require your employer to provide reasonable accommodations for them. Your employer doesn’t need to provide an accommodation if he experiences an undue burden as a result. Reasonable accommodations for pregnancy-related conditions could include a modified work schedule, rest or water breaks, and medical leave, along with transfers away from dangerous work or reassignment to light duty during the pregnancy.
The NYC and other area Human Rights Laws protects you as a pregnant worker and affirmatively requires your employer to reasonably accommodate you without needing you to show your limitation qualifies as a disability.
Assuming you are eligible and work for a covered employer, the federal Family Medical Leave Act also allows for unpaid, job-protected leave for 12 weeks for the birth of a child. This leave can be taken by both the mother and the father.
what should I expect during a pregnancy Discrimination Lawyer consultation?
If we can establish liability, we may be able to recover compensatory damages on your behalf. These are damages intended to make you whole for the discrimination you recovered. The harm you suffered will determine the amount and type of compensatory damages you can recover. When an employer’s conduct is egregious, we may be able to obtain punitive damages, which are damages intended to punish and deter.
Pregnancy discrimination can occur across classes and industries. Women are affected not only in construction or factories, but also in high-pressure white collar jobs involving medicine or litigation. At Phillips & Associates, our employment discrimination lawyers represent pregnant workers harmed by bigotry in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. We understand that it is terrifying to face the prospect of losing your job or losing your source of income altogether, and we represent workers on a contingency fee (winning the case) basis with free consultations.
What Our Clients Say:
"He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone."- Margaret
"Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination."- Massimo
"He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry."- Karen