Pregnancy discrimination is a serious issue that many mothers face all over the country. When you are pregnant you have a right to work and not be discriminated against per the federal Pregnancy Discrimination Act (PDA).
Gary Falkowitz is a pregnancy discrimination lawyer in New York City that understands the ins and outs of these cases. You should not be hired, fired, laid off, or promoted on the basis of your pregnancy. If you or someone you know has an employment issue due to pregnancy, it is time to seek action. Contact us today to discuss the details of your case!
What is the Pregnancy Discrimination Act?
This federal act states that you should be treated the same as all of the other employees of your company, regardless of childbirth, pregnancy, or medical conditions related to pregnancy. Many women face issues in the workplace, especially when going through the terms of their pregnancy. If you suffer difficult labor you have the right to have temporary leave to recover from the labor and your injuries.
You are guaranteed the same rights as any other employee that requires temporary leave. Pregnancy is in no way a disability, but you are given the same rights as anyone that needs to take time off because of their health or disabilities. Your workplace should value your health just as much as your medical professionals. The Pregnancy Discrimination Act was put in place to protect you and your family.
Does New York City have a special pregnancy act?
Yes. In the city of New York, pregnant workers are protected by the New York City Pregnant Workers Fairness Act. If you work for a company with 4 or more employees, you cannot be discriminated against on the basis of your pregnancy. This law protects you and prevents any employer from forcing you to quit or firing you based on your pregnancy.
Your employer has a responsibility to accommodate your needs throughout your pregnancy. In fact, your employer must also provide for your needs after pregnancy, like a place to pump breastmilk. Your employee must provide these things so that you can perform the “essential duties” of your job. However, your essential duties might not always include everything that you used to do before you were pregnant. In fact, this can include changing your work location or duties. This change in environment can ensure that you get additional breaks, but your employer is not required to do anything that is a hardship on their business.
If you make a request and your employer refuses, they must prove that your request will cause them undue hardship. Since 2014 pregnant workers in the city have been protected by the New York City Pregnant Work Fairness Act. An example of this act is when an employee needs new job duties because of physical restrictions by their doctor, and they are fired as a result. Since the employee cannot be fired by law, the company must work out a proper arrangement. The fired employee can also be eligible for compensation for any lost wages that resulted from this unlawful termination.
Are there any other laws that protect against pregnancy discrimination?
Yes. New York State’s Human Rights Law does protect against those suffering from pregnancy discrimination. If your employer forces you to take a leave of absence because of your pregnancy this is against the law. You must also have a clean, private, and sanitary place to pump your breast milk at work. A bathroom does not count. If you are faced with any of these workplace issues you need to contact our office immediately.
Pregnancy should not affect your employment.
We know that pregnancy is a joyous time in your life, and you shouldn’t have to deal with extra stress from your employer. If you find that you are having workplace issues because of pregnancy discrimination, we can help! Contact the law office of Gary Falkowitz today to set up your free consultation.