New York City Pregnancy Discrimination Lawyers
If you believe you are facing job discrimination due to your pregnancy, you are not alone. At Eisenberg & Baum, LLP, we stand with you.
As experienced pregnancy discrimination lawyers, we are prepared to fight for your rights. Based in Manhattan, we handle employment discrimination cases nationwide. Contact us today at 212-353-8700 or by email for a free initial consultation. We take these cases on a contingency-fee basis, meaning you do not pay unless we win your case.
What Laws Prohibit Pregnancy And Related Forms Of Discrimination?
Several federal and New York laws protect pregnant workers from discrimination. This includes ensuring their right to reasonable accommodations for pregnancy and lactation. These include:
- The federal Pregnant Workers Fairness Act (PWFA)
- The New York City Pregnant Workers Fairness Act
- The New York State Human Rights Law (NYSHRL)
- The New York City Human Rights Law (NYCHRL)
- The federal Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act
Many other cities and states also prohibit discrimination based on pregnancy or lactation. Our pregnancy rights attorneys assist clients nationwide.
In general, laws like these forbid discrimination based on pregnancy and also require reasonable accommodations. These accommodations are similar to those that would be provided to an employee with a temporary disability. This could include allowing more frequent breaks, offering lighter work duties, providing ergonomic office equipment, allowing time off or other accommodations that allow the pregnant person to keep working.
Both the NYCHRL and NYSHRL apply not only to employees but also to independent contractors, as long as their employers are covered by the law. Covered employers include private companies and unions of certain sizes, along with government entities and employment agencies.
There are also protections for maternity leave. The federal Family and Medical Leave Act (FMLA) offers unpaid, job-protected leave for eligible employees. New York law expands on this by providing many workers with paid, job-protected leave.
Under both federal and New York law, your health insurance continues without disruption during such leaves, as long as you pay your part of the premiums. Your employer cannot discriminate or retaliate against you for taking maternity leave.
What Are Some Examples Of Pregnancy Discrimination In The Workplace?
It is not always easy to know whether you have a job discrimination claim, but pregnancy discrimination can occur in various ways:
- Refusing to hire someone because of a pregnancy
- Refusal to provide reasonable accommodations like extra breaks, seating or light duty
- Demotion or job loss upon learning of the pregnancy
- Denial of opportunities for advancement because of pregnancy
These actions are not just unfair; they are illegal. Our maternal discrimination attorneys are here to help uphold your rights.
What Evidence Can Help Prove Pregnancy Discrimination In New York?
Identifying evidence is crucial in proving discrimination:
- Emails or communications regarding pregnancy-related absences
- Testimonies from colleagues who witnessed discriminatory acts
- Medical records that outline needed accommodations
Our pregnancy discrimination lawyers can guide you through collecting the necessary evidence. Additionally, if your case involves filing a lawsuit, we can often obtain additional evidence through subpoenas and other methods.
Do You Have To Disclose Your Pregnancy During A Job Interview?
In New York, it is unlawful for covered employers to consider pregnancy in hiring decisions. You should not feel pressure to disclose your pregnancy until it suits you to do so. We can advise on the best course of action.
Do You Suspect Pregnancy Discrimination? Call Now For A Free Consultation.
If you suspect discrimination because of your pregnancy, do not hesitate to contact a pregnancy discrimination lawyer at Eisenberg & Baum, LLP. We are committed to providing exceptional client service and fighting vigorously for justice. Call 212-353-8700 or email us today to arrange your free consultation.