I represent employees with pregnancy discrimination claims. Pregnancy discrimination occurs when an employer basis employment decision on the basis of pregnancy, childbirth or related medical conditions. Federal and New York State laws protect against pregnancy discrimination. Pregnancy discrimination takes many forms, including:
- Denying maternity leave
- Forcing a pregnant employee to take unpaid leave
- Treating an employee unequally because she is pregnant, may become pregnant, or has a medical condition related to her pregnancy or childbirth
- Demoting or Firing an employee because of her pregnancy
- Forcing a pregnant employee to work in an unsafe environment
- Failing to hire or promote an employee because of her pregnancy
- Failing to provide a private space for breast feeding
If you are pregnant, your employer must permit you to work as long as you are able to perform your job. If you are absent from work as a result of a pregnancy related condition, your employer may not demand that you stay out of work until the baby is born. Additionally, your employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth. If you have a pregnancy related absence from work, your employer is required to hold open your job for the same length of time that jobs are held open for employees on sick or disability leave.
If you believe that you have been a victim of pregnancy discrimination at work, you should be aware that laws exist to protect you from pregnancy discrimination. I would be pleased to meet and discuss your concerns with you. There is no charge for the initial consultation.