Pregnancy Discrimination Lawyer New York

Pregnancy should be the most joyful and special time for you and your family. However, even today, pregnant women face unfair treatment in hiring, employment, and when returning to work after maternity leave. Pregnancy discrimination is illegal, and you have the right to be treated fairly under federal and state laws.

Our New York pregnancy discrimination lawyers are here to help you assert your rights and pursue justice and compensation. We believe no pregnant woman should suffer harassment, lack of reasonable accommodation, or loss of pay and benefits due to her pregnancy status. Contact the Howley Law Firm today at (212) 601-2728 for a free consultation to determine your legal options.

Fighting Against Pregnancy Discrimination in New York

Pregnancy discrimination is a form of gender-based employee discrimination that people don’t widely discuss. Despite that, it’s a very present threat to women in today’s workforce.

Women expecting children are often fired, overlooked in the hiring process, or otherwise mistreated by employers due to their pregnancy status. In addition to being morally unacceptable, these practices are illegal.

Federal laws and laws specific to New York State and New York City prohibit pregnancy discrimination. The Howley Law Firm helps victims of pregnancy discrimination find justice.

What Are New York’s Legal Protections for Pregnant Employees?

Federal law dictates that employers with 15 or more employees cannot make employment decisions based on their employees’ pregnancy status or intention to become pregnant. Independent contractors experiencing or anticipating pregnancy also have legal protection from discrimination in New York State.

Here’s a more detailed look at the most important federal and New York state pregnancy discrimination laws:

Federal Pregnancy Discrimination Laws

The Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) protect individuals against pregnancy-based discrimination and harassment at work. These laws may also entitle you to accommodations during pregnancy that allow you to work without compromising your health.

The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, expands the rights of workers affected by pregnancy, childbirth, or related medical conditions to receive reasonable accommodations.

The Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) provide additional rights, such as parental leave for new parents and mandated break times for nursing mothers.

New York State Pregnancy Discrimination Laws

In New York, employers with four or more employees are barred from firing an employee because she is pregnant. In addition, employers must not change the terms, conditions, and privileges of employment because of a worker’s pregnancy, childbirth, or related conditions.

Since January 2016, New York state law explicitly guarantees pregnant workers the right to reasonable accommodations for any pregnancy-related conditions. Such accommodations may include additional breaks, lighter work schedules or duties, and leave for medical needs.

Under New York Labor Law § 206-c, an employer must provide breastfeeding mothers with reasonable unpaid breaks (at least once every three hours) to express milk or to breastfeed their children.

Has your employer violated New York State or federal laws during or after your pregnancy? You could be entitled to compensation. Speak to a New York pregnancy discrimination lawyer at The Howley Law Firm today by calling (212) 601-2728.

Common Examples of Pregnancy Discrimination in New York

Pregnancy discrimination can occur during three stages: the hiring process, working while pregnant, and returning after pregnancy. Here is a look at common ways women experience pregnancy discrimination in the workplace.

Hiring Discrimination

A prospective employer must not ask about your pregnancy status or plans for future pregnancy during an interview, as this is illegal. It’s also illegal to base a hiring decision on your visible pregnancy.

Prospective hires can and should inquire about a company’s maternal leave policies, insurance, and short-term disability benefits. None of these questions may impact the employer’s decision to hire you.

If you were denied a position based on your pregnancy status or plans for future pregnancies, you may have legal recourse and could qualify for compensation.

Pregnancy Discrimination While Working

You don’t have to disclose a pregnancy to an employer unless you require a pregnancy-related accommodation. Discrimination during pregnancy at work can take many forms such as harassment, denial of training or promotions, failure to provide reasonable accommodations, and forced unpaid leave. Here’s a closer look at discrimination while working:

Employers, coworkers, and clients or customers must not inflict illegal harassment against pregnant women in the workplace, such as negative treatment based on their pregnancy status.

An employer must not refuse to provide reasonable accommodations to a woman experiencing a high-risk or otherwise medically limiting pregnancy. Women are entitled to reasonable accommodations, similar to workers with any other medical condition, illness or disability. For example, if pregnant, you may take additional breaks or ask to be excused from hazardous activities like lifting heavy loads or handling dangerous materials.

An employer who mandates unpaid leave during a certain month of pregnancy or refuses to maintain health insurance coverage for pregnant employees violates state and federal laws.

Pregnancy Discrimination Upon Returning to Work

When you return from maternity leave, you are entitled to the same job and responsibilities you had before. Employers cannot alter your position due to your new status unless the new position is equivalent and offers equal or higher pay than your previous job.

How Our New York Pregnancy Discrimination Lawyers Can Help

If you experience illegal pregnancy discrimination, don’t stand for it. The Howley Law Firm has extensive experience representing individuals affected by pregnancy discrimination in New York. We can help you fight back.

Legal Expertise: Our attorneys know the federal and New York state laws protecting employees from discrimination based on pregnancy, childbirth, or related medical conditions. We can assess your case and build a legal strategy tailored to your unique circumstances.

Negotiation and Mediation: We aim to resolve pregnancy discrimination disputes first through negotiation and mediation. Our pregnancy discrimination lawyers in New York are experienced negotiators who can advocate for full and fair compensation and other remedies on your behalf.

Litigation Representation: If an employer refuses to provide compensation, reasonable accommodations, or reinstatement to your prior position, our attorneys won’t shy away from taking your case to court. We can argue your case strongly and work tirelessly to secure the justice you deserve.

Peace of Mind: Facing pregnancy discrimination during what should be a joyful time for you and your loved ones can be emotionally taxing. Our compassionate legal team offers you a shoulder to lean on while helping you stand up against pregnancy discrimination.

If you believe you have been subjected to pregnancy discrimination in the workplace, don’t wait to get legal advice and help. You only have 300 days (less than one year) from the discriminatory act to file a legal complaint that will preserve all of your legal rights.

The Howley Law Firm is committed to fighting for justice and holding employers accountable for discriminatory practices. We proudly advise and represent victims of pregnancy discrimination. Contact our New York pregnancy discrimination lawyers today and tell us what happened in a free consultation.

FAQs – Ask a New York Pregnancy Discrimination Lawyer

What counts as pregnancy discrimination in New York?

Pregnancy discrimination can come in many forms. Here are some common examples:

Firing an employee because she is pregnant
Failing to restore an employee to their former position or an equal post after they return from maternal leave
Refusing to hire a woman due to her pregnancy status
Treating a pregnant employee differently because of her pregnancy, such as demoting her or removing work responsibilities
Forcing a pregnant employee to take unpaid leave
Refusing a qualified employee a promotion or pay raise due to her pregnancy

How can you prove discrimination during pregnancy?

Proving pregnancy discrimination can be tricky and involves gathering evidence. Here’s what you can do to prove your claim:

Keep detailed records: Document any incidents or conversations related to your pregnancy and employment.

Timing: Note if employer decisions, such as demoting you, coincide with the disclosure of your pregnancy or requests for accommodations.

Comparison: Note how you are treated compared to your non-pregnant colleagues. For example, are you denied promotions or excluded from meetings due to being pregnant?

Comments: Document any comments or discriminatory remarks your employer or supervisor makes about your pregnancy status.

Having clear evidence of pregnancy discrimination, such as emails, performance reviews, or witness statements, can strengthen your case. A pregnancy discrimination lawyer in New York can help you identify and gather the evidence required to build a case against an employer.

Is pregnancy a disability in New York?

Yes, New York is one of only a few states that includes pregnancy and childbirth in its short-term disability insurance program. If you are unable to work due to pregnancy complications and possess the required supporting medical documentation, you could be eligible for partial wage replacement.

Can a New York employer refuse to hire me if I’m pregnant?

No. Federal, New York State, and New York City laws prohibit employers from making employment and hiring decisions based on a woman’s pregnancy status.

If you believe that you have been discriminated against for being pregnant, get in touch with our experienced pregnancy discrimination lawyers in New York for legal advice.

How many hours can a pregnant woman work by law?

A pregnant woman can legally work an average of 40 hours a week or whatever the number of hours they previously worked. Employers cannot mandate unpaid leave or cut hours based on a woman’s pregnancy status.

Get In Touch with The Howley Law Firm Today

Unfortunately, pregnancy discrimination is alive and well. However, any form of employment decisions employers make based on a worker’s pregnancy plans or status are illegal. This includes hiring, training, promoting, firing, changes in tasks or scheduling, and access to benefits.

The Howley Law Firm fights to hold employers accountable for unlawful actions against pregnant workers or women intending to become pregnant.

Other Employment Cases We Handle

The Howley Law Firm in New York offers employment legal representation in many related fields, including but not limited to:

The Howley Law Firm also works to protect and reward whistleblowers who have evidence that their employers are engaged in bribery, fraud, and other illegal activities. Our attorneys are well-versed in the laws that protect whistleblowers from retaliation and can help secure financial rewards in exchange for providing information concerning fraudulent activity. Contact us now for a free consultation to identify your legal options and next best steps.

(212) 601-2728

Pregnancy Discrimination Lawyer New York