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Pregnancy discrimination in New York City occurs when an employee or job applicant is treated unfairly or harassed by her supervisor/manager, employer, CEO, co-worker, vendor, client, or other non-employee because she is pregnant. Federal and New York City laws prohibit this type of discrimination in the workplace. For the past 25 years, the experienced NYC pregnancy discrimination attorneys at the Derek Smith Law Group have helped pregnant women, just like you, get the compensation they deserve.
New York offers the New York State Paid Family Leave (NYSPFL) program. Under this program, mothers and fathers have the right to take up to 10 weeks of paid time off from their jobs to bond with their new baby. This program can only be used within 12 months after childbirth. Employees taking NYSPFL can get up to 60% of their salary with a maximum weekly payout of $840.70.
Pregnancy discrimination in the workplace is considered a form of sex discrimination. It occurs when an employee or job applicant is harassed or treated unfairly by a supervisor/manager, CEO, employer, co-worker, vendor, client, or other non-employee. Under the laws, an employee cannot be terminated, demoted, reassigned, or harassed as a result of being pregnant or a medical condition related to her pregnancy. In addition, a job applicant cannot be refused a job because she is pregnant. The laws also protect pregnant employees from being forced to tell an employer or potential employer she is pregnant.
Several laws protect employees and job applicants from pregnancy discrimination in New York City. The Pregnancy Discrimination Act of 1978 (PDA) prevents employers, supervisors. managers, CRO’s, co-workers, clients, vendors, and non-employees of companies with 15 or more employees from discriminating against a person based on pregnancy, childbirth, or related medical conditions. The PDA is an amendment to Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination based on pregnancy.
The Americans with Disabilities Act (ADA) may also protect employees from pregnancy discrimination in New York City if the company has 15 or more employees. Under the ADA, while pregnancy, itself is not protected, any complications associated with pregnancy that would prevent an employee from conducting major life activities would be covered. Therefore, complications requiring an expectant mother to be on bed rest would then qualify as a protected status under the ADA.
The New York City Human Rights Law (NYC HRL) also protects women from pregnancy discrimination if they are pregnant, plan to become pregnant, or recently gave birth as long as she works for an employer with 15 or more employees.
Finally, under New York City Law, the Pregnancy Workers Fairness Act (PWFA) helps protect women from pregnancy discrimination in the workplace of 4 or more employees. Under the PWFA, employers must make reasonable accommodations for pregnant women, including:
There are several ways you can prove you experienced pregnancy discrimination in the workplace in New York City.
Pregnancy discrimination in New York City can take many forms. In some ways, it can even affect men whose wives may be expecting a child or who are planning on starting a family. Here are some examples of pregnancy discrimination in New York City.
In New York City, victims of pregnancy discrimination are given a time limit to file a discrimination lawsuit. Depending on the details of the case, the time limit may be as follows:
The Equal Employment Opportunity Commission (EEOC) handles any pregnancy discrimination cases that fall under the ADA or PDA. You have 300 days from the date of the last incident of discrimination to file a claim with the EEOC. The EEOC will then investigate the claim and determine if you have a case under the laws as provided and issue a Right to Sue Letter. This will allow you to file your lawsuit in federal court.
Under the PWFA, you can file a claim with the New York City Human Rights Commission (NYC HRC) within one year of the date of the last incident of discrimination. The NYC HRC will investigate the claim and you can settle it administrative proceedings. However, you may also choose to bypass the NYC HRC and file a lawsuit in New York Court within 3 years of the date of the last incident of discrimination.
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Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
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If you are the victim of pregnancy discrimination in the workplace in New York City, the courts offer various types of relief to help you get the justice you deserve. Some of the remedies available may include, but are not limited to:
No one wants to spend the time they should be spending with their new baby in a drawn-out court battle. The good news is, the length of time a pregnancy discrimination lawsuit in New York City may not take long at all to settle. If your employer is willing to negotiate a fair settlement, your case may settle within 4 to 6 months.
However, if your employer insists on taking the case to trial, you may spend 8 months to a year or more to prepare your case. Then the trial may take another few days to several weeks or more before a judgment is entered.
Deciding whether to file a lawsuit against your employer for pregnancy discrimination is not something to be taken lightly. However, while you are making the decision, here are a few things you can do right now:
Pregnancy should be something to celebrate. No one should have to worry about the reaction in the office or being harassed or terminated because of it.
If you are the victim of pregnancy discrimination in New York City, the lawyers at the Derek Smith Law Group can help. Contact us at (212) 587-0760 for a free consultation.
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