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Long Island Pregnancy Discrimination Attorneys

Pregnancy Discrimination

Pregnancy Discrimination Attorneys Representing Long Island, NY Employees

Pregnancy discrimination should not occur in any Long Island workplace, from discriminatory practices in hiring to pregnancy discrimination in decisions about promoting and terminating employees.

At Ricotta & Marks, P.C., we know how devastating it can be for an employee to be subject to pregnancy discrimination at work, and we strive to hold employers and workplaces accountable for discrimination against employees on the basis of pregnancy or a pregnancy-related condition. Do not hesitate to get in touch with one of the experienced Long Island pregnancy discrimination lawyers at our firm if you need assistance filing a claim.

Federal and State Laws Prohibit Long Island Pregnancy Discrimination

Long Island employees are protected against pregnancy discrimination in the workplace under federal and state law. The Pregnancy Discrimination Act (PDA) prohibits discrimination against an employee “based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.” The PDA became federal law in 1978 and amended Title VII of the Civil Rights Act of 1964. It protects employees who are pregnant or who have a pregnancy-related condition, such as:

  • Employee is pregnant;
  • Employee has pregnancy-related medication conditions; or
  • Employee has medical conditions related to childbirth.

In situations where an employee has a temporary disability due to pregnancy or a pregnancy-related medical condition, the employee also may have protections against discrimination under the Americans with Disabilities Act (ADA). In addition to the Pregnancy Discrimination Act and possible protections under the Americans with Disabilities Act, Long Island employees also may have a federal right to 12 weeks of job-protected, unpaid leave under the Family and Medical Leave Act (FMLA).

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Employees Are Entitled to Reasonable Accommodations in a Long Island Workplace for Pregnancy-Related Conditions

Under New York State law, unlawful pregnancy discrimination can include an employer’s refusal to provide reasonable accommodations for a pregnancy-related conditions. Since January 2016, New York employers, including Long Island employers, have been required to provide a variety of reasonable accommodations to pregnant employees or those with pregnancy-related conditions. Examples of those reasonable accommodations may include but are not limited to the following:

  • Permitting the employee to take occasional rest breaks or breaks to drink water;
  • Providing the employee with a modified work schedule;
  • Allowing the employee to take leave for pregnancy-related medical needs;
  • Making light-duty assignments available to the employee; and
  • Transferring the employee away from hazardous duties while the employee is pregnant or has a pregnancy-related condition.

Additionally, under New York Law, you may be entitled to up to 10 weeks of paid leave after the birth of your child.

Examples of Long Island Workplace Pregnancy Discrimination

Discrimination on the basis of pregnancy can take more than one form in a Long Island workplace. Examples of pregnancy discrimination may include but are not limited to:

  • Refusing to hire a prospective employee because the person is pregnant;
  • Denying a pregnant employee a promotion due to the pregnancy;
  • Denying a pregnant employee a new training opportunity because of the employee’s pregnancy;
  • Terminating an employee after learning the employee is pregnant;
  • Terminating an employee after she returns from a pregnancy leave;
  • Refusing to provide reasonable accommodations to an employee for a pregnancy-related condition; and/or
  • Retaliating against an employee who files a pregnancy discrimination claim under federal or state law.

Retaliation is Prohibited When an Employee Files a Pregnancy Discrimination Claim

Employers cannot retaliate against an employee who exercises rights under the Pregnancy Discrimination Act or any other federal or state law. To be clear, employees have a right to be free from pregnancy discrimination in the workplace, and they have a right to file a claim or to participate in an investigation related to a pregnancy discrimination claim.

If your employer has taken any adverse action against you in response to a pregnancy discrimination claim or investigation, it is critical to seek advice from a pregnancy discrimination lawyer in New York as soon as possible.

Learn More from a Long Island Pregnancy Discrimination Attorney

When you have faced pregnancy discrimination at work, you may not know how to go about holding your employer accountable or seeking a remedy. Our dedicated and experienced Long Island pregnancy discrimination attorneys know how critical it is to move forward with a claim and to help employees who have faced discrimination to obtain a remedy. You may be able to receive back pay and emotional damages,in addition to other potential remedies under state or federal law.
Our firm will do everything we can to help you win your case. Contact Ricotta & Marks, P.C. online or contact us by phone at 347-464-8694 to speak with one of the dedicated employment lawyers at our firm about your pregnancy discrimination claim.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694