Pregnancy Discrimination Lawyers

Long Island Pregnancy Discrimination Lawyers

Fighting For Those Who Are Facing Discrimination Based on Their Pregnancy in New York

Pregnancy is a momentous occasion in a person’s life. As an employee, however, moving through pregnancy and the postpartum stage can be stressful and overwhelming. Unfortunately, pregnant and nursing women may experience discrimination within their workplace, or be made to feel like a burden by their employer. At Ricotta & Marks, P.C., our Long Island pregnancy discrimination lawyers 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. Pregnancy discrimination is never permitted and we advocate for all women who are, or have been, the victims of such conduct.

There are laws in place to prohibit pregnancy discrimination, but such issues persist. Pregnant women may fear losing their jobs or being unfairly treated due to their pregnancy. Pregnancy discrimination should not occur in any Long Island workplace, from discriminatory practices in hiring to discrimination in decisions about promotion or termination.

Call us today at (917) 540-8565 or contact us online to schedule a consultation with our pregnancy discrimination attorney in Long Island.

Long Island Employment Discrimination Attorneys

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What Is Pregnancy Discrimination?

Pregnancy discrimination is a form of employment discrimination that refers to any unlawful conduct based, in part, on a woman’s pregnancy status. It is illegal for an employer to discriminate against an employee due to pregnancy, breastfeeding, or the presence of any pregnancy-related conditions.

Pregnancy discrimination is prohibited under both New York State and federal legislation. Under these laws, pregnant women are guaranteed:

The right to reasonable accommodations during pregnancy
Rest breaks as necessary
Modified work schedules to accommodate medical visits or familial responsibilities
Transfers away from hazardous work areas
Light-duty work assignments
The ability to return to work following pregnancy or a pregnancy-related condition

Moreover, pregnancy discrimination laws also protect women who are breastfeeding, stating:

Women who are nursing have the right to access a private space to express milk
Breastfeeding women have the right to occasional break times to express milk
Discrimination due to the choice to express milk at work is prohibited

Federal and State Laws Prohibit Pregnancy Discrimination

Employees in Long Island have protection from pregnancy discrimination under both federal and state law. The Pregnancy Discrimination Act (PDA) prohibits discrimination against an employee based on pregnancy regarding any aspect of employment, such as hiring, firing, pay, assignments, promotion, layoff, training, and benefits like leave or health insurance. The PDA amended Title VII of the Civil Rights Act of 1964 when it became federal law in 1978. These protections cover employees who are pregnant or have pregnancy-related conditions, such as:

Pregnancy
Pregnancy-related medical conditions
Medical conditions related to childbirth

An employee with a temporary disability due to pregnancy or a pregnancy-related medical condition may also have protections under the Americans with Disabilities Act (ADA). Alongside the Pregnancy Discrimination Act and potential ADA coverage, Long Island employees may qualify for up to 12 weeks of job-protected, unpaid leave under the Family and Medical Leave Act (FMLA).

Employees Are Entitled to Reasonable Accommodations in a Workplace for Pregnancy-Related Conditions

Under New York State law, pregnancy discrimination occurs when an employer denies reasonable accommodations for pregnancy-related conditions. Since January 2016, New York employers—including those in Long Island—must offer reasonable accommodations to employees who are pregnant or have a related condition. Types of reasonable accommodations may include the following:

Permitting occasional rest breaks or breaks to drink water
Providing a modified work schedule
Allowing leave for pregnancy-related medical needs
Offering light-duty assignments
Transferring the employee away from hazardous duties during pregnancy or a related condition

Additionally, under New York law, you may qualify for up to 10 weeks of paid leave after the birth of your child.

Examples of Workplace Pregnancy Discrimination

Pregnancy discrimination in Long Island workplaces can take different forms. Here are examples:

Refusing to hire a candidate because of pregnancy
Denying a pregnant employee a promotion
Firing someone after returning from pregnancy leave
Terminating an employee after learning about a pregnancy
Denying a new training opportunity because of pregnancy
Refusing reasonable accommodations for a pregnancy-related condition
Retaliating against an employee who files a pregnancy discrimination claim

Have I Experienced Pregnancy Discrimination?

Employers are mandated to adhere to all pregnancy discrimination-related legislation. They must follow all guidelines set forth by the Pregnancy Discrimination Act and Family & Medical Leave Act. If they fail to comply with state or federal law, they can be held accountable.

Pregnancy can be stressful, and this stress may be further compounded by discrimination or harassment in the workplace. If you believe that your employer has violated any of the aforementioned legal provisions, you may be a victim of pregnancy discrimination.

For more accurate guidance, the Long Island pregnancy discrimination lawyers at Ricotta & Marks are available to discuss your unique case. We can help you determine whether or not you have experienced illegal pregnancy discrimination.

What Can I Do If I Experienced Pregnancy Discrimination?

As with any discrimination issue, it may be possible to settle the problem internally, by filing a complaint through your employer. Many employers in New York State have a designated individual or department to field discrimination complaints.

Alternatively, if you have experienced pregnancy discrimination, you can file a charge through the Equal Employment Opportunity Commission or through the New York State Division of Human Rights.

In some cases, filing a lawsuit is the ideal option for pregnant women who have experienced discrimination.

Is Retaliation 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.

How Do I File a Lawsuit?

To file a lawsuit, you must first contact a pregnancy discrimination attorney to discuss your specific case and explore your options. To strengthen your case, compile any evidence of the discrimination, including informal correspondences and formal communication from your employer. Try to write down all information regarding the discrimination, including dates, locations, and individuals involved.

Seeking legal assistance can make all the difference in pregnancy discrimination cases. At Ricotta & Marks, we believe that every woman has the right to a safe and comfortable work environment.

Contact us today to get started with our pregnancy discrimination lawyer in Long Island.

Our Settlements & Verdicts

$15 MIL Plaintiff on Bianco v. Flushing Hospital Medical Center
$1 MIL Olsen, et al. v. The County of Nassau, et al.
$875K Wallace v. Suffolk County Police Department
$523K Penniston v. The New York City Department of Education (Co-Counsel)
Norton v. Town of Islip UFSD, 011 U.S. Dist
Green v. City of New York 2010 U.S. Dist.

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How Our Pregnancy Discrimination Attorneys Can Help You

We deliver compassionate yet aggressive legal representation for those who have experienced pregnancy discrimination. We can help by:

Conducting a thorough investigation into your situation
Collecting and analyzing evidence to strengthen your case
Negotiating with employers for fair treatment and compensation
Representing you in settlement discussions or litigation
Protecting your rights under state and federal employment laws
Holding employers accountable for unlawful practices

Frequently Asked Questions

Can I file a pregnancy discrimination complaint if I work part-time?

Yes, New York law covers most part-time employees, not just full-time workers. You have legal protections regardless of your scheduled hours if your employer treats you unfairly because of pregnancy or a related condition.

Do pregnancy discrimination laws apply to smaller employers in Nassau or Suffolk County?

Yes, state regulations require even small employers in Nassau and Suffolk to comply with anti-discrimination laws. Unlike some federal laws with employee minimums, New York law protects employees at businesses of all sizes.

What should I do if I’m worried about retaliation from my employer?

If you believe your employer may retaliate after you raise a pregnancy discrimination concern, keep records of all related incidents. Laws in New York and on Long Island specifically prohibit retaliation, offering valuable protections and remedies in these situations.

Contact Our Long Island Pregnancy Discrimination Attorney Today

If you face pregnancy discrimination at work, you may not know how to hold your employer accountable or seek fair remedies. Our dedicated Long Island pregnancy discrimination attorneys understand how important it is to act quickly on your claim and to help employees achieve a resolution. You could recover back pay, emotional damages, or other remedies available under state and 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 (917) 540-8565 to speak with our Long Island pregnancy discrimination lawyers.

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