Westchester County Pregnancy Discrimination Lawyer

Protecting the Rights of Pregnant Workers in Westchester County and Beyond

Pregnancy is a significant life event, but unfortunately, some employers continue to discriminate against pregnant workers. At Phillips & Associates, we are committed to protecting the rights of employees who experience workplace discrimination due to pregnancy, childbirth, or related medical conditions. Our Westchester County pregnancy discrimination attorneys have extensive experience holding employers accountable and securing justice for affected workers.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer takes adverse employment action against a worker because of pregnancy, childbirth, or a related medical condition. This includes, but is not limited to:

• Refusing to hire a qualified candidate due to pregnancy or the intent to become pregnant.
• Terminating or demoting an employee upon learning of their pregnancy.
• Denying promotions, raises, or training opportunities due to pregnancy.
• Forcing a pregnant employee to take unpaid leave when they are willing and able to work.
• Failing to provide reasonable accommodations for pregnancy-related conditions.
• Retaliating against an employee for requesting accommodations or filing a complaint about discrimination.

Examples of Situations That May Be Pregnancy Discrimination in the Workplace

• Job Application Rejection: An employer refuses to hire a job applicant after learning she is pregnant.
• Unjustified Termination: A pregnant worker is fired shortly after informing her employer of her pregnancy.
• Refusal to Provide Light Duty: A pregnant employee with lifting restrictions is denied reassignment, even though similar accommodations are made for other temporarily disabled workers.
• Harassment or Hostile Work Environment: A pregnant employee faces frequent inappropriate comments or mistreatment from supervisors or coworkers.
• Denial of Maternity Leave: An eligible employee is denied leave under the Family and Medical Leave Act (FMLA) or is pressured to return earlier than allowed.

Legal Protections Against Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions in workplaces with 15 or more employees. Employers must treat pregnancy-related conditions like any other temporary disability and provide comparable accommodations.

The New York State Human Rights Law (NYSHRL)

New York provides additional protections for pregnant workers under the New York State Human Rights Law (NYSHRL). This law applies to employers with four or more employees and requires reasonable accommodations for pregnancy-related conditions unless they impose an undue hardship on the employer.

Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees of companies with 50 or more employees to take up to 12 weeks of unpaid, job-protected leave for childbirth, pregnancy complications, or newborn care. Employers cannot retaliate against employees for exercising their FMLA rights.

What to Do if You Were Subject to Pregnancy Discrimination

If you believe you have been a victim of pregnancy discrimination, consider taking the following steps:

• Document Everything: Keep records of discriminatory actions, including emails, conversations, and performance reviews.
• Report the Discrimination: Notify your HR department or follow your company’s complaint process.
• Seek Legal Advice: Consult an experienced pregnancy discrimination attorney to evaluate your case and discuss your legal options.
• File a Complaint: Depending on your situation, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR).
• Know Your Rights: You have the right to reasonable accommodations, leave, and protection from retaliation under federal and state laws.

How Our Pregnancy Discrimination Attorneys Can Help

At Phillips & Associates, we understand how devastating pregnancy discrimination can be for expectant mothers and working parents. Our dedicated Westchester County pregnancy discrimination attorneys can help by:

• Assessing Your Claim: We will evaluate the facts of your case and determine the best legal course of action.
• Negotiating with Employers: We aim to resolve disputes through negotiation and secure a fair resolution whenever possible.
• Filing Legal Claims: If necessary, we will file claims with the EEOC, NYSDHR, or pursue litigation in court.
• Securing Compensation: Victims of pregnancy discrimination may be entitled to back pay, reinstatement, emotional distress damages, and other remedies.