Protecting Maternal Rights: Pregnancy Discrimination Lawyer in New York City

In the state of NY, efforts to combat discrimination and safeguard individuals' rights have resulted in a surge of lawsuits tackling discriminatory practices.? These legal actions aim to uphold equality and fair treatment for all residents.

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfairly because of pregnancy, childbirth, or any medical condition related to them. The Pregnancy Discrimination Act (PDA) strictly prohibits employers from discriminating against individuals based on pregnancy throughout all aspects of employment.

Pregnancy Act: Illegal Discrimination Examples:

• During an interview, inappropriate questions are asked about the number of children and pregnancy plans
• After informing your boss about your pregnancy, you get fired from your job.
• Despite being pregnant, your request to avoid physically demanding tasks like lifting heavy boxes is denied, whereas another employee was accommodated for a non-pregnancy-related condition.
• Taking time off for prenatal care results in pay deductions or disciplinary actions, while non-pregnant colleagues facing medical issues are treated differently.
• The worker's supervisor consistently indulges in making jokes and offensive comments about her pregnancy, significantly impacting her performance.

Laws Prohibiting Pregnancy Discrimination in the Workplace:

Federal laws have been enacted to safeguard against pregnancy discrimination and to offer provisions for disability and parenting leaves. The primary laws addressing these issues are found within Title VII of the Civil Rights Act of 1964, which encompasses both the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act of 1993 (FMLA).

Title VII of the Civil Rights Act of 1964 serves as a comprehensive framework to combat various forms of sex discrimination in the workplace, encompassing areas like hiring, firing, work assignments, promotions, benefits, training, retirement policies, and wages.

The Pregnancy Discrimination Act, established in 1978, explicitly recognizes pregnancy, childbirth, and related medical conditions as forms of sex discrimination under Title VII. This act ensures that pregnant employees are entitled to the same treatment as their non-pregnant counterparts with similar abilities to work.

For pregnancy-related leave, including maternity leave, the FMLA guarantees up to 12 weeks of unpaid, job-protected leave. This can be utilized for recuperation from a serious medical condition, including pregnancy, or for caring for a newborn, newly adopted child, or a seriously ill family member. The FMLA applies to employees who have worked for a company with at least 50 employees for a minimum of one year. After the maternity leave, the FMLA mandates that the employee is reinstated to their previous position or an equivalent role.

It is important to note that if a company has fewer than 50 employees or if an employee hasn't completed a year of service before childbirth, they might not be eligible for FMLA leave. However, they may still be entitled to maternity leave under state or city anti-discrimination laws.

Connect with a New York City attorney specializing in pregnancy discrimination:

Pregnancy discrimination knows no boundaries and can manifest in various classes and industries. It not only affects women in traditionally male-dominated fields like construction or factories but also permeates high-pressure white-collar professions such as medicine or litigation. Should you find yourself subjected to discrimination due to your pregnancy or denied reasonable accommodations for medical conditions related to pregnancy or childbirth, you have the right to take action.?

Filing a complaint with the New York State Division of Human Rights is a recourse available to you. At Moshes Law, P.C., we empathize with the distressing impact of facing pregnancy bias while at work and stand ready to offer our support.