Queens Pregnancy Discrimination Lawyer

Representation for Queens Workers Facing Pregnancy Bias

Our team at Phillips & Associates, PLLC represents employees in Queens and other areas of New York who have faced pregnancy discrimination. Federal, state, and city laws protect workers from discrimination based on being pregnant, giving birth, or having an associated condition.

We represent workers, never employers or corporations. Our firm has recovered more than $360 million for our clients, and every case is reviewed by a senior attorney. With our Queens pregnancy discrimination attorney at your side, you can trust that you have experienced and dedicated legal care.

Let our pregnancy discrimination lawyers in Queens advocate for you. We serve the New York City area as well. Our consultation is free. Call us at (866) 229-9441.

Pregnancy Discrimination in the Workplace

Pregnancy discrimination often stems from outmoded stereotypes about a woman’s ability to fulfill her responsibilities at work and at home. Biased employers may assume a woman can’t be both a mother and a productive employee. Medical checkups and maternity leave don’t reflect a lack of commitment. Pregnancy should never be used to question a woman’s loyalty or penalize her for choosing that path.

Expectant mothers who take time off to meet the new obligations of raising a child are sometimes perceived as “lacking dedication” and punished by their employers. Pregnant women report being “treated poorly” after announcing their pregnancy, then “mommy-tracked” into positions that limit their earnings and professional growth. Some are demoted after returning from maternity leave, or even fired while they are away.

Federal Laws Against Pregnancy Discrimination in the Workplace

The Pregnancy Discrimination Act (PDA)

The PDA is an amendment to Title VII of the Civil Rights Act of 1964 and generally applies to employers with 15 or more employees. It prohibits pregnancy discrimination in hiring, firing, promotion, assignments, layoffs, training, benefits, and other aspects of employment. A covered employer must treat workers affected by pregnancy, childbirth, or related medical conditions the same as other employees who are similar in their ability or inability to work. Title VII also prohibits retaliation against an employee for reporting pregnancy discrimination or opposing discriminatory practices.

Family and Medical Leave Act (FMLA)

Eligible employees may take up to 12 weeks of unpaid, job-protected leave for the birth of a child. The FMLA may also cover leave to care for a newborn, a newly adopted child, a foster child, or a child with a serious health condition. Eligibility and job-protection requirements depend on factors such as the employee’s work history, hours worked, employer size, and worksite.

The Pregnant Workers Fairness Act (PWFA)

The PWFA took effect on June 27, 2023. It generally requires covered employers to provide reasonable accommodations for known limitations connected with pregnancy, delivery, or associated conditions unless doing so would cause an undue hardship. An employer generally can’t require an employee to take leave when another reasonable accommodation can be provided.

Depending on the employee’s limitations and job, possible accommodations can include:

• Additional restroom, food, water, or rest breaks.
• Changes to work schedules or duties.
• Light duty or a temporary reassignment.
• Telework or leave to recover from childbirth.

New York City employers must engage in a cooperative dialogue, which is a good-faith discussion with the employee about accommodation needs and possible options. A request doesn’t need to use a particular legal phrase, but preserving the request and the employer’s response can help document what occurred.

Deadlines for Pregnancy Discrimination Claims

Potential filing deadlines depend on the facts, law, and agency involved. An Equal Employment Opportunity Commission charge in New York generally must be filed within 300 days of the discriminatory act. For acts occurring on or after February 15, 2024, a complaint alleging unlawful discrimination with the New York State Division of Human Rights generally has a three-year filing period.

A complaint with the New York City Commission on Human Rights generally must be filed within one year of the discriminatory act, although different deadlines may apply to certain claims. Waiting can affect your legal options, so it’s important to seek guidance promptly rather than assuming a particular deadline controls.

Records to Preserve After Possible Pregnancy Discrimination

Written records can help establish when you requested an accommodation, how your employer responded, and whether your working conditions changed afterward. Our Queens pregnancy discrimination attorney can review those materials and identify which events may be legally significant.

Consider preserving copies of:

• Written accommodation requests and employer responses.
• Emails, text messages, and other communications about pregnancy, delivery, or leave.
• Performance reviews, disciplinary notices, schedules, and job-duty changes.
• Leave records, pay statements, and benefits information.

Keep a timeline of important dates, the people involved, and any changes to your duties, pay, schedule, or treatment. Preserve records you can lawfully access, but don’t remove confidential employer documents or materials you aren’t authorized to possess.

Don’t Be a Victim of Pregnancy Discrimination

If you believe you’re being treated inappropriately because of your pregnancy, seek legal guidance from a Queens pregnancy discrimination attorney. We handle workplace discrimination claims with professionalism and care. In fact, we don’t get paid unless you do.

Wall Street Location

We are conveniently located in the Financial District in downtown Manhattan. We are one block from the New York Stock Exchange on Wall Street. Take the 2 or the 3 of the 4 or the 5 subway train to Wall Street. Walk one block to 45 Broadway. 

Our address is:

45 Broadway, 28th Floor
New York, NY 10006