Pregnancy discrimination remains an issue in workplaces across the United States, including here in New York. Despite legal protections in place, many pregnant employees continue to face discrimination, harassment, and even wrongful termination. Our New York employment lawyers, at Mizrahi Kroub, LLP, are dedicated to empowering individuals with the knowledge of their rights and advocating for justice in cases of pregnancy discrimination.
WHAT IS PREGNANCY DISCRIMINATION?
Pregnancy discrimination occurs when an employer treats an employee unfavorably due to pregnancy, childbirth, or pregnancy-related medical conditions. This can manifest in various forms, including:
- Refusal to hire or promote based on pregnancy status.
- Demotion or reduction in responsibilities after disclosing pregnancy.
- Denial of reasonable accommodations for pregnancy-related conditions.
- Harassment or hostile work environment due to pregnancy.
- Wrongful termination or forced resignation because of pregnancy.
FEDERAL AND STATE PROTECTIONS
Both federal and state laws protect against pregnancy discrimination. The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, explicitly prohibits discrimination based on pregnancy in all aspects of employment, including hiring, firing, promotions, and benefits. Additionally, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) offer further protections for pregnant employees.
YOUR RIGHTS AS AN EMPLOYEE
As an employee in New York, it's crucial to understand your rights regarding pregnancy discrimination:
- Equal Treatment: You have the right to be treated equally in the workplace regardless of pregnancy status. Employers cannot make employment decisions based on your pregnancy or related medical conditions.
- Reasonable Accommodations: If you require accommodations due to pregnancy-related limitations, such as modified duties or more frequent breaks, your employer is legally obligated to provide reasonable accommodations, as long as they do not impose undue hardship on the business.
- Non-Retaliation: Employers cannot retaliate against you for asserting your rights under anti-discrimination laws. This includes filing a complaint, participating in an investigation, or opposing discriminatory practices.
- Access to Leave: Under the Family and Medical Leave Act (FMLA) and the New York Paid Family Leave (PFL) Act, eligible employees are entitled to take job-protected leave for pregnancy, childbirth, and bonding with a new child.
- Protection from Harassment: It is illegal for employers or coworkers to harass you because of your pregnancy. Harassment can include offensive remarks, derogatory comments, or any behavior that creates a hostile work environment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.