Phillips & Associates

What Should I Do If I've Been Denied a Job Because I'm Pregnant?

What Should i Do If I've Been Denied a Job Because I'm Pregnant?

If you apply for a job in you're pregnant, you are as entitled to that position as somebody who is not pregnant. If you feel you did not get a position because you're pregnant, whether it be you told the employer that you're pregnant or you're visibly pregnant. You should give us a call at Phillips & Associates and discuss it further then because there might be something for us to help out with. If you were a qualified applicant, and specifically you were told by the employer you could not do the job because you're pregnant, or you just feel you didn't get the position because you're pregnant, give us a call, and we can talk through everything then. If you're working at a job and you apply for an accommodation of some kind or you feel as since you've become pregnant that they're treating you differently that very well might be retaliation for your pregnancy, and they might be trying to get rid of you. You should feel free to give us a call at Phillips & Associates we handle these types of matters, and we can talk through everything then see if it's a potential lawsuit that we could help out with.


New York City Attorneys Skilled in Pregnancy Discrimination Claims

Pregnancy should not be a barrier to employment. When you apply for a job, the interviewer and the prospective employer should be looking at your qualifications and merit, rather than judging you based on preconceived ideas about pregnant women. If you believe that you were denied a job because you are visibly pregnant or because you told the prospective employer that you are pregnant, you should consult an attorney. At Phillips & Associates, our New York City pregnancy discrimination lawyers can talk to you about what happened to see if you may have grounds to file a lawsuit.

What Should I Do If I've Been Denied a Job Because I'm Pregnant?

There are different circumstances under which pregnancy discrimination may occur. An example of one situation is when you are specifically told by an employer that you cannot do a job because you are pregnant. Another situation in which there may be pregnancy discrimination is if you are working at a job and apply for an accommodation or believe that because you have become pregnant you are treated differently.

For example, suppose you go through multiple rounds of interviews for a high-level position at a multinational corporation. Since the job entails nighttime phone calls with employees in other countries, you mention that you are three months pregnant. They ask questions, and you say that you will still be able to do this aspect of the job because you have a night nurse lined up. Nonetheless, you are turned down for the job because they want to make sure that they hire someone “dependable.” In such a situation, there may be pregnancy discrimination.

For another example, suppose that you have worked as a server at a high-end restaurant for many years, and you become visibly pregnant. You have been promised a promotion to manager, and you ask for an accommodation in the form of rest breaks. Shortly thereafter, you find out that someone else got the manager job that you had been promised. That situation may also be pregnancy discrimination.

Pregnancy Discrimination Laws

Federal, state, and local laws prohibit employers from making employment decisions based on a prospective job applicant or existing employee's pregnancy. Employers may incorrectly believe that pregnancy immediately leads to an employee taking extended leave, which is costly. If possible, you should document any remarks or facial expressions made by the employer that suggest a discriminatory motive or bias. The documentation should state the date and time, and it should quote the prospective employer.

The federal law covering pregnancy discrimination is Title VII of the Civil Rights Act. Your prospective employer must have at least 15 employees to be covered by this law. In order to bring a federal pregnancy discrimination claim, you will need to first file a charge with the Equal Employment Opportunity Commission (EEOC) within a narrow window of time. However, in most cases, it is more advantageous to bring your claims under the New York City Human Rights Law. Under this law, it is unlawful for a prospective employer to refuse to provide reasonable accommodations for pregnancy or related medical conditions unless the accommodations would cause an undue hardship for the employer.

Damages

Under the New York City Human Rights Law, you are entitled to monetary damages for:

  • Pain and suffering,
  • Back pay,
  • Front pay,
  • Reimbursement for out-of-pocket expenses, and
  • Possibly equitable relief.

The purpose is to put you back into the position in which you would have been had you not suffered from discrimination. Unlike Title VII, the local law does not cap damages, and unlike the New York State Human Rights Law, you may recover punitive damages for the denial of a job when the circumstances are truly egregious.

Consult a Pregnancy Discrimination Lawyer in New York City

Pregnant women are often denied jobs and job advancement just when they most need income. It is painful and distressing to be denied an opportunity to earn money just because you have chosen to also have a family. Our experienced New York City attorneys can advise you on the protections available to you if you have been denied a job because you are pregnant. Contact us online or call us at (212) 248-7431 if you need a discrimination or retaliation lawyer. We battle employment discrimination in the Bronx, Queens, Brooklyn, Staten Island, and Manhattan, as well as Nassau, Suffolk, and Westchester Counties and New Jersey.

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, Kevin Guaranda 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