What to do if your employer treats you differently as a result of your pregnancy?
to protect your rights as a pregnant employee.
The New York Employment Law Blog | Pregnancy Discrimination
Generally, we think of pregnancy discrimination as occurring when women face harassment or ridicule because of a pregnancy or pregnancy-related conditions. But given the broad scope of federal, New York, New Jersey and Pennsylvania state and local laws prohibiting pregnancy discrimination, it is important to consider what exactly pregnancy discrimination means and the many forms it can take. For example, what happens if your employer and co-workers are suddenly too nice to you, once you share with them that you are pregnant? What happens when you lose late shifts and overtime due to pregnancy?
Those are also forms of pregnancy discrimination. The law forbids employers from treating employees differently due to pregnancy, no matter what different means. If your employer treats you differently as a result of your pregnancy — regardless of whether differently means being forced out of your job altogether or just being moved to easier day shifts or anything in between — then your employer violates important provisions of city, state and federal anti-discrimination laws. Pregnancy discrimination can be an overwhelming ordeal to handle which is why pregnancy discrimination is recognized as one of the most hurtful forms of discrimination because the victim has to deal with workplace hostility while dealing with her delicate condition.
Common types of NY, NJ and PA pregnancy discrimination may include:
- Not hiring a woman because of her pregnancy or because of the prejudices of customers and co-workers
- Not allowing a pregnant employee to continue working during her pregnancy
- Treating pregnancy differently in terms of health insurance and fringe benefits
- Failing to allow a pregnant woman to use (FMLA) Family and Medical Leave Act time
- Refusing to allow a woman to return to work after using FMLA time
As with other employment discrimination cases, you should begin by reporting the discrimination to your HR department. Then our attorneys recommend discussing your case with an employment law attorney to learn your rights and legal options for your pregnancy discrimination claim.
New York City’s Human Rights Law provides penalties for discrimination against pregnant women. Additionally, the federal Pregnancy Discrimination Act penalizes discrimination against pregnant women in any aspect of employment. New York State’s Human Rights Law prohibits employers from forcing pregnant employees to take leaves of absence, as well as prohibiting discrimination against pregnant women more generally under the umbrella of marital status.
New York City Pregnancy Discrimination Attorneys
If you feel you have been the victim of pregnancy-related employment discrimination, you should immediately contact the New York City law Employment Law firm of Derek T. Smith Law Group, PLLC. Our experienced pregnancy discrimination attorneys are here to help and will take steps