Phillips & Associates

Staten Island Pregnancy Discrimination

Workplace Rights Attorneys Advocating for Staten Island Residents

Staten Island’s largest business sector is health care and social assistance. Its second- and third-largest business sectors are retail and food services. The largest employer on Staten Island is Staten Island University Hospital. Federal, state, and local laws prohibit pregnancy discrimination in this borough and elsewhere in New York City. Employers are not allowed to discriminate against pregnant women by refusing to hire qualified pregnant job applicants or by refusing them promotions or other benefits due to their pregnancy. At Phillips & Associates, our skillful Staten Island pregnancy discrimination lawyers may be able to file a pregnancy discrimination lawsuit on your behalf.

If a pregnant employee or job applicant is qualified and able to perform job duties, she should be treated in the same way as other employees. If a woman gets pregnant after hiring, her employer cannot require her to take time off or a leave of absence (even under the guise of protecting her) unless she is not reasonably capable of performing her job duties.

Pregnancy Discrimination

The federal Pregnancy Discrimination Act (PDA) prohibits employers from discriminating based on pregnancy with regard to any employment decision, including whether to hire a candidate, whether to fire an employee, how much to pay her, which assignments to give her, whether to promote her, whether to provide medical insurance, or whether to lay her off or train her for advancement.

Reasonable Accommodations

Moreover, when a woman is unable to do her job because of a pregnancy-related medical condition, the employer is supposed to treat her in the same way that it treats other employees who are temporarily disabled. This could entail alternative assignments or unpaid leave if that is what provided, for example, for a worker who has a broken leg. When a pregnancy-related condition is considered a disability under the Americans with Disabilities Act (ADA), it may be necessary for the employer to give the employee a reasonable accommodation. Reasonable accommodations under the circumstances could include leave or working from home. An employer is, however, allowed to deny the accommodation if it presents an undue hardship, or it may give a different accommodation than the one requested by the employee. A pregnancy discrimination attorney can help Staten Island employees enforce these rights if they have been violated.

New York state law also requires employers to give reasonable accommodations to employees with pregnancy-related medical conditions. Pregnancy is considered a disability under the New York State Human Rights Law. Furthermore, it is an unlawful discriminatory practice for an employer to refuse a reasonable accommodation for a known pregnancy-related condition unless there is an undue hardship. You should expect to provide any medical information needed to verify that you have a pregnancy-related condition if your employer asks for it to evaluate a pregnancy-related accommodation.

As under federal law with disabled employees, your employer is supposed to engage in a deliberative process to look into your request for an accommodation and whether it is feasible to provide it. The interactive process is just one factor considered when a Staten Island pregnancy discrimination attorney brings a claim arising out of an employer's failure to provide a reasonable accommodation to a pregnant applicant or employee.

The New York City Human Rights Law applies to employers on Staten Island, and its provisions for accommodations for pregnant workers are more expansive. A reasonable accommodation is supposed to be provided for a pregnancy, rather than just for a pregnancy-related medical condition or childbirth. This might include allowing a pregnant worker to use the bathroom more frequently, periodic rest breaks, help with manual labor, and water breaks.

Damages

The damages that you may be able to recover include back pay, front pay, out-of-pocket costs, emotional distress, and punitive damages. However, the scope of the damages and whether you can recover them depend on the individual facts of your case, as well as the law under which you pursue your claim.

Hire a Pregnancy Discrimination Lawyer on Staten Island

At Phillips & Associates, we fight pregnancy discrimination in a wide range of workplaces, and we may be able to help you recover damages from your employer. Contact us at (212) 248-7431 or through our online form to take the first step toward asserting your legal rights.

PHILLIPS & ASSOCIATES
45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
Client Reviews
★★★★★
Hands down the best law firm for labor disputes in NYC. 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. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. 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. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen
★★★★★
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana