Seeking a Pregnancy Discrimination Attorney in White Plains, NY?
Filippatos PLLC: Preserving Justice in the Workplace Since 1992
It is illegal for employers to discriminate against workers because of pregnancy, childbirth, or related medical conditions. Companies cannot lawfully hire, fire, discipline, demote, or deny benefits, training, or promotions to workers based on pregnancy instead of job performance and skills. Several laws were put into place to protect pregnant workers from discrimination in the workplace or retaliation for taking paid family leave, including the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978 (PDA), the Americans with Disabilities Act, and the Family and Medical Leave Act (FMLA). If you find yourself in need of a pregnancy discrimination lawyer in the White Plains or New York City area, Filippatos PLLC welcomes the opportunity to represent you and ensure your voice is heard. Reach out to our friendly, experienced legal team today to begin discussing your pregnancy discrimination case in more detail.
Employment Pregnancy Discrimination in New York City
Pregnancy discrimination laws cover current pregnancies, as well as all past, potential, and intended pregnancies and the medical conditions related to pregnancy or childbirth, including breastfeeding, lactation, infertility, and abortion. An employer does not have the right to ask a job candidate or employee if they intend to become pregnant when making employment-related decisions. It is also an employer’s responsibility to ensure their workplace is free of pregnancy-related harassment in the form of jokes, slurs, offensive images, or derogatory remarks that could create a hostile work environment.
In addition to the many federal laws in place, New York also has several local laws protecting against pregnancy discrimination in the workplace, including the New York State Paid Family Leave Act (NYSPFL), the New York City Human Rights Law (CHRL), the New York State Disability Law, and the New York State Human Rights Law (NYSHRL). State laws extend legal protections to include independent contractors, consultants, subcontractors, vendors, and domestic workers facing pregnancy discrimination.
Know Your Rights to Reasonable Accommodations
In New York, employers must provide reasonable workplace accommodations allowing pregnant workers to perform their essential job duties. Reasonable accommodations may vary from job to job. This may include giving pregnant workers more bathroom or rest breaks if they must stand for long periods of time. It also includes giving workers who return to work after pregnancy adequate breaks for breastfeeding or pumping breast milk. Under federal and state laws, an employer must engage in an interactive process with their employees to determine what accommodations they find reasonable.
Know Your Rights to Paid Medical or Family Leave
Under the New York State Paid Family Leave Act, workers can take up to 12 weeks of paid leave per year to bond with a newborn, adopted, or foster care child. However, they must give their employer at least 30 days’ notice before taking medical leave and submit the appropriate paperwork to their employer’s paid family leave insurance provider. You are legally entitled to take this time off without fear of retaliation or the risk of losing your job. Your employer must reinstate you to the same or a comparable position when you return to work.
Workers who find themselves temporarily disabled due to pregnancy may qualify for short-term disability leave and benefits in addition to the paid family medical leave benefits. Pregnancy conditions that may qualify as a temporary disability include severe morning sickness, gestational diabetes, preeclampsia, hypertension, anemia, sciatica, loss or end of pregnancy, and post-partum depression.
How to File a Pregnancy Discrimination or Harassment Claim
If you feel you have been mistreated by your employer due to pregnancy, be sure to document everything. Keep records of the time and place of every incident and who was present at the time. If your employer has a discrimination or harassment policy in place, be sure to follow the protocol. Report all incidents to your supervisor and human resources department immediately. Keep copies of any inappropriate texts, images, or voicemails sent to you. Always put your complaints in writing.
You may file a formal complaint with the U.S. Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, and the New York City Commission on Human Rights. The EEOC usually has a 180-day deadline for filing complaints, but local agencies typically give you up to three years to file. Remember, it is against the law for an employer to retaliate against an employee for filing a pregnancy discrimination or harassment complaint even if the court does not decide in your favor. Speak with a qualified pregnancy discrimination lawyer to learn more about your rights.
Damages Awarded in Pregnancy Discrimination Cases
Victims of pregnancy discrimination in the workplace may be entitled to compensation for back pay, front pay, compensatory damages, punitive damages, liquidated damages, attorney’s fees, and emotional distress. A court could also order your employer to reinstate your position if you were wrongfully terminated or wrongfully denied a promotion due to your pregnancy or family leave.
Consult Our NY Pregnancy Discrimination Attorneys Today!
Do you have questions for our White Plains, NY pregnancy discrimination attorneys? Contact us today to schedule a free initial consultation to go over your pregnancy discrimination case. You may view our frequently asked questions to learn more about how our legal fees work or to browse helpful links to resources in the area. We also recommend viewing our testimonials to put your mind at ease that you’ve selected an experienced, aggressive pregnancy discrimination lawyer who cares about protecting your rights. Since 1992, we’ve represented thousands of workers to preserve workplace justice for all.