New York Attorney for Pregnancy Discrimination During the Interview or Hiring Process

Common Forms of Pregnancy Discrimination During the Hiring Process

Pregnancy discrimination can take many forms, including explicit refusals to hire and more subtle discriminatory practices. Some common examples include:

• Invasive or discriminatory interview questions, such as:
  • “Are you pregnant or planning to have children soon?”
  • “Will you need maternity leave?”
  • “How will you balance work with a baby?”
• Refusal to hire a pregnant woman despite her qualifications while hiring less-qualified, non-pregnant candidates.
• Negative assumptions about a pregnant applicant’s ability to perform job duties, such as concerns about attendance or productivity.
• Retraction of a job offer upon discovering the applicant is pregnant.
• Failing to provide reasonable accommodations for pregnancy-related medical needs.

Employers often disguise discriminatory hiring decisions under vague justifications, such as claiming the applicant was not the “right fit.” However, if pregnancy played any role in the decision, it is unlawful.

Protections for Pregnant Job Applicants Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) entitles eligible employees to 12 weeks of unpaid leave for childbirth and related medical conditions. Some employers may attempt to deny pregnant women job opportunities because they do not want to accommodate future FMLA leave. However, rejecting a job candidate solely based on concerns about maternity leave is illegal under federal and state laws.

Employers cannot:

• Refuse to hire a woman because she may use FMLA leave in the future.
• Impose different hiring standards based on a woman’s potential need for leave.
• Penalize an employee for requesting or taking maternity leave.

What to Do If You Have Experienced Pregnancy Discrimination in Hiring

If you believe that a prospective employer discriminated against you due to pregnancy, it is important to take action promptly. Here are some steps you can take:

1. Document Everything: Keep a record of job postings, interview questions, emails, and any statements that indicate bias.
2. Gather Witness Statements: If someone witnessed discriminatory behavior, their testimony could be valuable.
3. Consult an Employment Lawyer: A knowledgeable attorney can assess your case, determine legal options, and guide you through the process of filing a complaint.
4. File a Claim: You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York City Commission on Human Rights.

Our attorneys can help you navigate these steps and ensure that your rights are protected.

Consult a New York City Attorney for Pregnancy Discrimination

No woman should be denied job opportunities due to pregnancy. At Phillips & Associates, we are committed to fighting for the rights of pregnant workers and ensuring that they receive fair treatment in the hiring process. Our team has extensive experience handling pregnancy discrimination claims and will work tirelessly to hold employers accountable for their actions.

We proudly serve clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester County.

Contact us today at (866) 229-9441 or fill out our online form to schedule a free consultation. We operate on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you.