Pregnancy Discrimination

Pregnancy Discrimination Lawyers in Brooklyn

Protecting Clients Against Adverse Employment Actions

Many years ago, pregnant workers were often treated poorly by their employers and were often fired or forced to quit. In the present day, pregnant women are protected against discriminatory acts. However, even with state and federal laws in place meant to protect against pregnancy discrimination, many women still suffer unfair treatment.

If you have been the target of pregnancy discrimination, several legal remedies may be available depending on the circumstances. Our pregnancy discrimination lawyers have extensive experience helping clients who have suffered harassment. We aim to hold employers accountable for their actions so you can have the peace of mind you deserve.

Contact Miletti Law P.C., to learn how to schedule a free consultation. You can visit our website and fill out the free intake form or contact our law office directly if you prefer to speak with an associate.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer or other party mistreats a woman due to pregnancy, childbirth, or other pregnancy-related medical conditions. Some common examples of pregnancy discrimination may include:

  • Denying a qualified job applicant employment due to their pregnancy status
  • Terminating or refusing to promote a female employee solely due to their pregnancy status
  • Harassing a pregnant employee
  • Forcing a pregnant employee to perform job duties that could put them at risk
  • Failing to provide employees with reasonable accommodations for their pregnancy-related condition
  • Promoting less qualified non-pregnant colleagues
  • Denying a pregnant employee their rightful benefits
  • Terminating an employee while on maternity leave

Although pregnancy discrimination may occur in many forms, these are just a few examples of the type of injustice that many employees are forced to deal with daily. If you have been discriminated against, you do not have to suffer in silence. Contact our pregnancy discrimination lawyer so we may assess your case.

What is the Pregnant Workers Fairness Act?

One of the federal laws enacted to protect pregnant women is the 2023 Pregnant Workers Fairness Act (PWFA). The PWFA dictates that employers must provide reasonable accommodations to pregnant employees related to their condition. Discrimination due to pregnancy, childbirth, or other related medical conditions is strictly prohibited except in instances where it could cause a business to suffer undue hardship.

The PWFA applies to all public and private sector businesses and organizations with at least 15 employees. Some of the reasonable accommodations mandated in the PWFA include:

  • Time off for medical appointments
  • Reasonable modifications to work schedules
  • Frequent breaks

Other legal protections include employers being prevented from utilizing unfair employment practices against pregnant women. Unfair treatment may include refusing to hire or wrongfully terminating a pregnant employee.

If your employer has violated provisions of the PWFA, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). It is also in your best interest to consult an experienced pregnancy discrimination lawyer who can help you file a claim and guide you through the legal process.

Does New York City Have Laws That Protect Against Pregnancy Discrimination?

Although the Pregnant Workers Fairness Act (PWFA) offers individuals several legal protections, New York City’s Local Law 2013/078 offers even more safeguards. Local Law 2013/078 went into effect in 2014 and applies to businesses that employ at least four employees, more than the 20 minimum offered by the PWFA.

Local 2013/078 offers many of the same protections as the PWFA, including mandates requiring reasonable accommodations for pregnancy-related issues.

Employers who violate the legal provisions outlined in Local Law 2013/078 can be reported to the New York City Commission on Human Rights (CCHR). Expectant mothers and those who have given birth deserve to be treated fairly by their employers.

If you have questions about how Local Law 2013/078 can protect your legal rights or have questions about other pregnancy discrimination laws, contact our Brooklyn law office today. A qualified legal team member will gladly answer your questions and review your case.

Can an Employer Deny a Woman Maternity Leave?

The Pregnancy Discrimination Act (PDA) is one of the first federal laws enacted that prohibits employers from discriminating against women based on pregnancy or related medical conditions. One of the legal provisions outlined in the PDA is that employers are prohibited from denying employees maternity leave.

Any employer that refuses to allow a woman to take maternity leave or penalizes her for taking time off from work is a violation of pregnancy discrimination laws. Conversely, any employer that forces a pregnant employee to leave work before they are ready to do so or before their pregnancy conditions require it is also considered in violation of the law.

The Family Medical Leave Act (FMLA) also stipulates that women can take up to 12 weeks of unpaid leave for the birth and care of their newborn.

However, Paid Family Leave (PFL) is a new law that allows eligible workers to receive up to 12 weeks of paid leave. Requirements for full-time employees include working at least 20 hours per week, with eligibility after 26 consecutive weeks of employment.

Paid Prenatal Leave allows New York employees up to 20 hours of leave that may be used for prenatal appointments and other pregnancy-related issues.

If you have been denied maternity leave or your employer is trying to force you to leave early, you can take several legal steps to fight back. Contact our highly trained pregnancy discrimination lawyer today to discuss your legal options.

How Can I Prove Pregnancy Discrimination?

If you feel that you have been singled out or treated differently due to your pregnancy, you have the right to file a discrimination claim. You must demonstrate that your treatment significantly differs from that of other employees. For this reason, anyone who suspects they are being discriminated against because of pregnancy should always keep detailed notes regarding any actions taken against them.

For example, has your employer demoted you or failed to make work schedules to accommodate prenatal medical appointments? Any time your employer engages in discriminatory practices, be sure to take notes detailing what occurred, who was involved, the date and time, and the names of potential witnesses.

The final step is to seek qualified legal representation from a well-qualified pregnancy discrimination lawyer to assist you with your case.

What Are the Steps to Filing a Complaint in a Pregnancy Discrimination Case?

If you have experienced pregnancy discrimination, you can file a complaint with your choice of several agencies, depending on the facts of the case. It is important to remember that although it is optional, reporting the discrimination to your employer through proper channels is always best. Although your issue may not be resolved through HR, you will still have supporting documentation to help you if you file claims with the Equal Employment Opportunity Commission (EEOC) or state agencies.

If you wish to pursue a pregnancy discrimination claim, you have several options. One option is to contact the NYC Commission on Human Rights (CCHR) if your company has four or more employees. However, a complaint must be filed within one year of the incident. The CCHR’s Law Enforcement Bureau (LEB) investigates all discrimination claims. Suppose the LEB finds sufficient evidence of wrongdoing. In that case, the matter will be referred to the Office of Administrative Trials and Hearings (OATH) to be heard in front of an Administrative Law Judge.

You may also file a pregnancy discrimination complaint with the New York State Division of Human Rights (NYSDHR). If your business or organization has at least 15 employees, you can file a claim with the EEOC.

Before filing a pregnancy discrimination claim with any agency, you should seek legal advice from a qualified attorney. Miletti Law P.C., is a New York City law firm that can assist you with your legal needs and review your case to ensure it will hold up to legal scrutiny.

Why Do I Need to Hire a Pregnancy Discrimination Attorney to Represent Me?

If you have experienced pregnancy discrimination, it is in your best interest to hire an attorney as soon as possible. Hiring an attorney is crucial to understanding your legal rights and helping you navigate the legal complexities of filing a discrimination claim.

Although state and federal pregnancy discrimination laws are meant to protect you, they can be overly complex. An attorney understands the nuances of applicable laws and will assess your case to ensure it meets the criteria for legal recourse.

Your attorney can also offer legal advice on collecting evidence, filing a complaint with HR, and filing claims with appropriate state or federal agencies. An attorney can help you file a pregnancy discrimination lawsuit if the various agencies cannot resolve your issues. Your attorney will act as your legal advocate and fight for legal remedies, including compensation for lost wages, emotional distress, and pain and suffering. In cases where employers have acted egregiously, you may be able to collect punitive damages, although the burden of proof is significantly higher.

Regardless of your situation, having an attorney on your side is the best way to safeguard your legal rights and ensure you are treated fairly.

What Makes Your Law Firm the Best to Assist Me With My Legal Needs?

If you are a female employee who has suffered pregnancy discrimination, you are most likely feeling frustrated and unsure of what can be done to achieve justice.

Miletti Law P.C., is dedicated to helping those discriminated against receive fair treatment afforded to everyone under state and federal law. Whether a current or prospective employer has disregarded the law, our pregnancy discrimination attorney will work tirelessly to ensure you are treated respectfully.

When you come to us for help, we can review your evidence, including witness statements, emails, and videos. Based on witness statements, we can also determine if your employer engages in a repeated pattern of discrimination against other employees.

Many employers have legal teams to fight discrimination claims and lawsuits, and you need an attorney who is not scared to fight back. Please call our Brooklyn, New York, law office today at 314-648-2586 to schedule a free consultation. We also encourage you to visit our website to fill out our free intake form, and our New York pregnancy discrimination attorney will get back to you as soon as possible.