Pregnancy Discrimination Lawyer in NYC & NJ
Protect Your Rights – Fight Pregnancy Discrimination
NYC & NJ Pregnancy Discrimination Attorney
It is illegal to fire someone because they are pregnant. The tougher issue is showing that the termination was actually because of the pregnancy. Sometimes employers will make up a reason because they know that it is illegal to fire someone because they are pregnant. .It Any female employee affected by pregnancy is covered regardless of the size of the company.
A pregnant employee need not request any special accommodation because of her pregnancy (although in practice such a request should be made). The law requires all employers to provide preferential treatment to a pregnant person.
Any employer who fails to offer preferential treatment to a pregnant woman may face liability even if the employer does not know the employee is pregnant. If a pregnant person’s job performance becomes deficient, an employer may not use that as a reason for termination. The employer must and is required to accommodate the employee’s pregnancy. and must take adequate measures to ensure that the pregnant employee does not do any type of work that would put a strain on her pregnancy.
Pregnancy Discrimination Laws
The Equal Employment Opportunity Commission (“EEOC”) has deemed pregnancy discrimination a growing problem. As such, the EEOC recently issued guidance on pregnancy discrimination in the workplace that requires “pregnant employees to be treated the same as non-pregnant employees,” and requires accommodations to be provided to pregnant employees that is of equal accommodations provided to non-pregnant employees.
Employers may not:
- Discharge or refuse to hire or promote a woman because she is pregnant
- Establish mandatory maternity lave unrelated to the employee’s ability to work
- Implement policies that are outright discriminatory against pregnant women
- Prohibit the employee from returning to work for a predetermined period following childbirth
It is ultimately unlawful for an employer to differentiate between pregnancy related and other disabilities. A pregnant female employee must be treated just as another temporarily disabled employee would be treated. Therefore, an employer must make reasonable accommodations to allow the employee to perform modified job duties or an alternative work assignment.
If neither a modification of job duties or an alternative work assignment is sufficient, the employer may need to allow the employee to take disability leave or unpaid leave as it would for other employees.
Employees who are or were pregnant and feel they are being or have been discriminated against due to their pregnancy should discuss their circumstances with a pregnancy disability attorney. Our firm can help employees investigate the merits of their case and determine whether discrimination has occurred.
Maternity Leave Laws
The Family and Medical Leave Act (“FMLA”) adds additional protections to the Pregnancy Discrimination Act. The FMLA provides for additional rights for break times when nursing.
The FMLA also allows pregnant employees who meet certain conditions to take up to 12 weeks of unpaid leave during a 12-month period for:
- Serious health conditions
- Taking care of a sick child or family member
Employees cannot be fired due to taking maternity leave under the FMLA. When you return from your leave, your employer is required to reinstate you to the same or similar position.
If you have experienced pregnancy discrimination in the workplace, do not hesitate to assert your rights. Contact our employment discrimination lawyer today to schedule a confidential consultation with an experienced pregnancy discrimination attorney. Let us help you pursue the justice and compensation you deserve.