Pregnancy Discrimination and Temporary Disability
In New York, employers cannot discriminate against women solely because they are pregnant. In the eyes of the law, companies must treat individuals expecting children as they would treat any other temporarily disabled employee. Phillips & Associates is comprised of pregnancy discrimination attorneys who fight for the rights of New York workers. If you were treated unfairly at work because of your family situation, we can explore your options and file a claim on your behalf if your employer broke the law.Pregnant Workers Must Be Treated as Temporarily Disabled
Federal law prohibits employers from discriminating against a pregnant employee as long as she can perform the necessary tasks of her job. This means that she must be treated the same as other people with temporary disabilities. To accommodate the worker, the employer may be required to provide alternative assignments, allow disability leave, or let the employee take unpaid leave if these benefits are provided to other temporarily disabled employees. Also, some complications or conditions of pregnancy are recognized as disabilities under the Americans with Disabilities Act (ADA) or New York State disability laws. If one of these affects a certain individual, the employer may be required by law to provide reasonable accommodations that would allow the employee to do her job.
Employers in New York City are subject to the Pregnant Workers Fairness Act, which offers a broader scope of protection than federal or state law. Pregnant employees who work in the city are entitled to reasonable accommodations even if they do not have an ADA-recognized disability. Any employer with four or more workers must provide women expecting children with reasonable accommodations. Whether the employee’s request is reasonable is determined by several factors, such as the cost of the accommodation and the size and financial resources of the employer.Victims of Discrimination Can File a Claim
Women whose employers have committed illegal pregnancy discrimination can file a claim to recover the damages they have suffered. This includes back pay and emotional damages. In addition, a female employee can seek a court order that forces the employer to end the discriminatory practices or rehire the individual if she lost her job. Punitive damages may also be available in some cases.
Employees must first file a complaint with the Equal Employment Opportunity Commission (EEOC) before pursuing a claim under federal law. An experienced attorney can help you draft an EEOC claim and then file a lawsuit once the agency issues you a Right to Sue.Discuss Your Gender Discrimination Case with a New York Attorney
Many employers in New York are subject to federal laws that prohibit pregnancy discrimination, and most New York City entities must abide by the provisions of the Pregnant Workers Fairness Act. The dedicated gender discrimination lawyers of Phillips & Associates are familiar with all of the laws that protect pregnant employees and can tell you if you are entitled to temporary disability benefits as a result of your condition. To schedule time with one of our attorneys, call (212) 248-7431 or visit our contact page.
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