Pregnancy should be a time of joy and preparation, but for many employees, it can also bring stress when workplace discrimination occurs. Pregnant workers in New York are protected under strong state and federal laws, ensuring they receive fair treatment at work. However, discrimination still happens, from denial of accommodations to unfair treatment regarding maternity leave. Knowing your rights and when to seek legal help is essential to protecting yourself and your family.
Legal Protections for Pregnant Employees
Both state and federal laws prohibit workplace discrimination against pregnant employees, safeguarding their rights to equal treatment and accommodations.
- Pregnancy Discrimination Act Pregnancy Discrimination Act (PDA): This federal law, part of Title VII of the Civil Rights Act, prohibits discrimination against pregnant employees in workplaces with 15 or more employees. Employers must treat pregnancy and childbirth-related conditions the same as any other temporary medical condition regarding benefits, accommodations, and job opportunities.
- New York State Human Rights Law New York State Human Rights Law (NYSHRL): This state law offers even broader protections, covering workplaces with four or more employees. It specifically requires employers to provide reasonable accommodations for pregnancy-related conditions. Examples of accommodations include adjusted work duties, longer breaks, modified work schedules, or even temporary transfers to less physically demanding roles.
These laws aim to ensure pregnant workers are treated with fairness and respect, regardless of the size of their workplace.
Examples of Pregnancy Discrimination
Despite these legal protections, many pregnant employees still face discrimination at work. This can take many forms, including:
- Denial of Accommodations: Employers refusing to adjust work responsibilities to address medical needs, such as lifting restrictions or providing seating for long shifts.
- Unfair Treatment: Pregnant employees being overlooked for promotions, having their hours cut, or being reassigned to less desirable tasks due to their pregnancy.
- Maternity Leave Issues: Employers pressuring pregnant workers to return from maternity leave earlier than planned or denying legally protected leave altogether.
These actions not only harm the employee emotionally and financially but are also violations of workplace discrimination laws.
The Importance of Legal Representation
When faced with workplace discrimination, having a knowledgeable attorney by your side can make all the difference. An experienced lawyer can explain your rights, help you gather evidence, and guide you through the process of holding your employer accountable.
At Gash & Associates, P.C. in White Plains, NY, we have extensive experience helping employees navigate complex workplace issues, including pregnancy discrimination. Our team can assist with:
- Filing Complaints: We’ll help you file a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).
- Negotiating with Employers: We can negotiate on your behalf for reasonable accommodations, back pay, or damages for discrimination.
- Pursuing Legal Action: If necessary, we’ll take your case to court to fight for your rights and ensure your voice is heard.
No one should face workplace discrimination alone, and having expert legal representation can significantly improve your chances of a successful outcome.
Take Action Against Discrimination
Pregnant employees deserve to work in an environment free from discrimination. If you’ve experienced unfair treatment due to your pregnancy, take action to protect your rights.
Contact Gash & Associates, P.C. at (914) 328-8800 for a free consultation. Our experienced team will help you navigate your case, fight for fair treatment, and ensure that your employer is held accountable for any violations. You don’t have to face this battle alone—let us stand by your side.
By understanding your rights and seeking legal support, you can ensure that pregnancy is a time of celebration, not discrimination.
