Pregnancy Discrimination

Famighetti & Weinick PLLC are Long Island pregnancy discrimination lawyers. Federal and New York State laws prohibit pregnancy discrimination. The laws may require that an employer provide reasonable accommodations for a pregnant worker. The pregnancy discrimination laws also prohibit employers from making employment decisions which negatively impact pregnant employees. Experienced Long Island pregnancy discrimination attorneys can help protect your rights.

The Pregnancy Discrimination Act (PDA) is an amendment to the Civil Rights Act of 1964. The law prohibits employers from discriminating against pregnant workers. Discrimination can take many forms. For example, our Long Island pregnancy discrimination lawyers oftentimes see cases where an employee is working without incident for a long period of time. The employer may have even issued the employee stellar job performance reviews. Then, the employee announces to her employer that she is pregnant, usually to begin the process of taking maternity leave. Shortly after, the employer begins issuing negative performance evaluations ultimately leading to the employee’s wrongful termination. These facts suggest that the employer was motivated to terminate the employee based on her pregnancy.

The pregnancy discrimination laws may also require employers in New York State to accommodate pregnant workers or workers who recently gave birth. Pregnancy complications such as preeclampsia or low amniotic fluid may require an employer to provide a reasonable accommodation. Reasonable accommodations may include light duty work or short term leave. Employees with pregnancy complications should speak to a knowledgeable Long Island employment attorney to discuss requesting a reasonable accommodation from the employer.

Post-pregnancy conditions may also require reasonable accommodations. Mothers who choose to breast feed may need accommodations throughout the workday to pump. For example, employers may be required to provide accommodations for employees to pump breast milk.

Pregnancy discrimination law often intersects with other employment laws. The Family Medical Leave Act provides up to 12 weeks of leave for eligible employees. Mothers and fathers may be entitled to FMLA leave to bond with a newborn baby. If complications arise with mother or baby during childbirth, FMLA leave may provide employees with leave to care for a family member who has a serious medical condition. Pregnancy discrimination laws also may invoke the disability discrimination statutes, such as the ADA.

To prove a pregnancy discrimination case in New York, a pregnancy discrimination lawyer will usually look for circumstantial evidence. Circumstantial evidence may include evidence of disparate treatment which is where an employer treats a pregnancy worker differently than similar employees who are not pregnant. A change in an employer’s behavior or attitude towards a pregnant worker after learning about that worker’s pregnancy may also be circumstantial evidence of pregnancy discrimination. In some cases, employment lawyers find direct evidence of discrimination such as where a supervisor writes an email to another supervisor saying that an employee is pregnant, will be taking leave soon, and so she should be fired.

The PDA is not the only discrimination law which covers pregnancy discrimination on Long Island and in New York. The New York State Human Rights Law protects workers in New York State and on Long Island. Similarly, the New York City Human Rights prohibits employers from discriminating against any employee in a way which impacts New York City.

If you are wondering what to do about pregnancy discrimination in the workplace, a Long Island pregnancy discrimination lawyer can help discuss your options with you. The EEOC investigates claims of pregnancy discrimination for the federal government. New York State’s Division of Human Rights can also investigate claims of pregnancy discrimination on Long Island. In New York City, the Commission of Human Rights has jurisdiction over pregnancy discrimination cases.

Pregnancy and child birth should times of joy. Employees should not worry about losing a job or being treated unfairly at work because of pregnancy. If you are concerned about workplace pregnancy discrimination, contact a Long Island pregnancy discrimination lawyer at Famighetti & Weinick PLLC for free confidential consultation.