Get The Help You Need From a Pregnancy Discrimination Lawyer
There Are Laws Protecting Your from Pregnancy Discrimination in the Workplace
Because getting pregnant is a capacity that only one sex has, this form of gender discrimination is exclusively focused toward women. Companies are not allowed to ask if you are planning on getting pregnant during an interview or at any time during employment, nor are employers allowed to discriminate against you because you might get pregnant, by not promoting you or not offering the same benefits.
If you do become pregnant, your employer may try to act against you by slowly pushing you out as you approach your due date to prevent having to hire you back part time after your pregnancy leave. Or your employer may not hire you back after you have taken your leave in accordance with the Family and Medical Leave Act (FMLA). All of these things are illegal and they happen all the time.
If you have become pregnant and are finding that you are not being allowed to do your job because of your condition, are concerned about being allowed to return to work or were not rehired after your maternity leave, come in and tell us your story. Our lawyers will listen to your circumstances to determine how you are being discriminated against. We will vigorously protect your right to have a family and have a job.
What is Pregnancy Discrimination?
Pregnancy discrimination is any discrimination against an employee for being pregnant, potentially becoming pregnant in the near future, or for reasons related to childbirth or parenthood. In some cases, pregnancy discrimination can also be committed against an employee who has a pregnant partner. Examples of pregnancy discrimination include refusing to hire or promote an individual based on their plan to become a parent, refusing to provide a pregnant employee with reasonable accommodations like a chair or a flexible schedule to attend doctor appointments, and refusing to provide a pregnant employee or an employee with a pregnant partner the same paid leave or insurance benefits that a disabled employee would receive.
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act to include pregnancy and parenthood as protected classes. Pregnancy discrimination is a violation of this law and in some cases, a violation of the Family and Medical Leave Act of 1993.
Can you Get Fired for Being Pregnant?
No. It is illegal for an employer to fire a woman because she is pregnant. Similarly, it is illegal for an employer to refuse to hire a pregnant woman or to refuse to hire an applicant because she could potentially become pregnant in the future. This only applies to employers with 15 or more employees and government employers, including local and state government employers. Women who work as independent contractors do not have legal protection against pregnancy discrimination.
It is also illegal for an employer to fire an employee for having an abortion or considering having an abortion. Under the Pregnancy Discrimination Act, pregnant employees are entitled to work environments free from harassment based on their pregnancies or personal reproductive and family choices. Examples of harassment include frequent insults, bullying, and singling out the employee in question to cause him or her to suffer embarrassment or shame.
How Can I Prove Pregnancy Discrimination Occurred?
You can prove that you were a victim of pregnancy discrimination through evidence. If you are subjected to harassment in your workplace, take note of every incidence that occurs and save any tangible evidence of the harassment. Your record of specific incidents will support your claim.
If you were not hired or promoted or if you were fired because of your pregnancy or potential to become pregnant, you will need to provide evidence that demonstrates that the employer’s decision was not due to your fitness as an applicant or your performance in your job. If direct evidence, such as statements about your ability to perform your job as a new mother, exists, you can use this. If not, determine the circumstantial evidence exists to support your claim, such as your employer’s failure to follow its typical termination procedure, the timing of a termination, or contradictions in the hiring or promotion process.
Contact Your New York Pregnancy Discrimination Lawyer and Take Action Now!
After you return from your maternity leave, you may find that it feels like life at the company has passed you by. You may also feel like you’re behind when it comes to raises and promotions because you weren’t there for an extended period of time. This can be a very subtle form of discrimination, caused by your pregnancy. You are no less valuable as an employee because you were gone. Your previous evaluations reflect your performance and should be referred to when your employer is considering compensation and promotion.
Come talk to us if you are being overlooked after a pregnancy. We will be able to tell if you have a case and will educate you as to what you can do to remedy the situation. You have the right to be able to support your new family. We will help you protect it. Learn about the Pregnant Workers Fairness Act.