If women didn’t have children, the human race wouldn’t be around for very long. You tell us you are bringing children into the world, but that your employer is punishing you for it. Your employer won’t let you take any time off, is denying raises or job opportunities, and making you train someone else for your job, just because you are pregnant. That’s unfair and it’s illegal under Federal, New York State and New York City law which prohibit pregnancy discrimination.
Under Federal Law, the Pregnancy Discrimination Act, which was passed by Congress in 1978, included pregnancy discrimination, or discrimination related to childbirth, as a form of sex or gender discrimination. Employers cannot stereotype pregnant women, and take adverse employment actions against them because of preconceptions that they will want to leave work and spend more time with their children. This concept is related to what is called "family responsibility discrimination." For example, the employer cannot deny you promotions or career advancing work assignments because of a preconception that mothers will attend to their children at the expense of their job responsibilities and ambitions.
You may also be entitled to light duty or other accommodations if you have a temporary disability in connection with your pregnancy, if the employer offers such accommodations to employees who suffer from other disabilities. So if your doctor prescribes work restrictions related to your pregnancy, your employer cannot treat you less favorably than employees who have off-the-job injuries and are granted accommodations for those injuries.
When you return to work after a pregnancy, you cannot be treated differently from other employees who have been out of the workplace for reasons other than pregnancy.
You would also be entitled to protection under the Family Medical Leave Act, if the employer has fifty or more employees and you have worked at least 1,250 hours during the last 12 months, to take twelve weeks of leave for the birth of or the adoption of a child. If you return within the twelve week period, your employer must reinstate you to the same job or a job with equivalent benefits, pay and conditions.
Sometimes you tell us that you are subjected to a hostile environment based on your pregnancy. People are making hurtful comments because you are bearing a child, or they use code words, such as telling you that you may be wanting to spend more time on family matters or that your job is not your priority, as if you can’t do more than one thing a time.A hostile environment based on pregnancy discrimination is illegal under Federal Law, New York State Law, and New York City Law.
In our more than 25 years of experience, we have helped many employees subjected to pregnancy disability discrimination and to a hostile environment based on a pregnancy discrimination, and we will be your lawyer for negotiations or a court suit in New York State Courts or New York City so that injustice is stopped.
Contact us online or call us at (212) 949-1001 for a free initial consultation today to review whether your New York City employer has subjected you to pregnancy discrimination.