New York City Pregnancy Discrimination Lawyers

Workers in New York City have multiple legal protections against employment discrimination due to pregnancy, including a law specific to the city. At Carey & Associates, P.C., we dedicate our practice to helping employees vindicate their rights in the workplace. Our legal team can use these laws to protect anyone who has faced discrimination, harassment, or retaliation.

Contact us today to schedule a meeting with a New York City pregnancy discrimination lawyer. You might be able to file a discrimination charge seeking financial compensation and other remedies.

Were You Discriminated Against?

One important law prohibiting pregnancy discrimination is the New York City Human Rights Law, or NYCHRL. Judges are empowered to interpret this law liberally to protect against all types of discrimination based on actual or perceived pregnancy, childbirth, or conditions related to pregnancy. Although pregnancy discrimination is also prohibited by federal law, the NYCHRL generally provides greater protection.

Workers should not suffer an adverse employment action for a discriminatory reason:

• Demotion
• Failure to hire
• Termination
• Cut in pay or benefits
• Loss of training opportunities

Under the NYCHRL, workers must show that the adverse action was motivated, at least partially, by a discriminatory purpose.

Employers rarely blurt out that they want to discriminate against a worker for being pregnant, having children, or for having a related medical condition. But you don’t need an admission. Instead, we need some indirect evidence to prove discriminatory animus. The sooner you call our firm, the more help we can offer finding relevant evidence. We can meet confidentially to discuss your situation. We can also help speak to coworkers or anyone else with helpful evidence or testimony. Sometimes, a boss makes an offhand comment to someone else about not wanting to hire pregnant workers, or they admit to fears about whether a pregnant worker will miss time.

Pregnancy Related Harassment

The law also prohibits any harassment based on pregnancy or related conditions. Examples include harassing conduct based on stereotypes or bias which is demeaning or offensive.

Harassing conduct includes:

• Comments about your weight while pregnant
• Disparaging remarks about pumping milk
• Jokes or epithets related to pregnancy
• Offensive touching

No one should have to tolerate harassment at work. Helpfully, the NYCHRL empowers workers to seek legal remedies, including money damages if they suffered the effects of harassment.

The city law is very liberal. Even one incident of harassment is usually enough to support a claim. The more harassment, the more damages you have suffered. Contact Carey & Associates today to review any harassing or offensive conduct.

Reasonable Accommodations for Pregnancy

The NYCHRL also requires that your employer provide reasonable accommodations. Many workers request some modification of their job to address pregnancy, related medical conditions, or childbirth. You are entitled to an accommodation for miscarriage, abortion, or fertility treatment as well. An employer does not have to approve every request, but they must agree to reasonable ones which don’t lead to an undue hardship.

Some examples include:

• Lactation accommodations
• Adjustments to required clothing or uniforms
• Temporary job reassignment
• Short-term shift reassignment
• Additional breaks
• Temporary unpaid leave
• Option to sit during a shift

New York City’s law also lays out a process for obtaining reasonable accommodations. An employer should initiate a cooperative dialogue with the employee as soon as they learn a worker will require an accommodation. This dialogue should not be coercive or intimidating. If your employer denies a request without the necessary dialogue, then you have a strong case.

Retaliation

The NYCHRL also prohibits retaliation against a worker for opposing a discriminatory practice or participating in an investigation. Workers are protected when they:

• Protest a discriminatory practice to an employer
• File a legal complaint or charge
• Testify or participate in any investigation related to discrimination under the NYCHRL
• Request an accommodation

Unfortunately, some employers “strike back” at an employee for complaining. You have suffered retaliation even if you were not the subject of pregnancy discrimination. For example, a coworker might complain of harassment, and you talk with investigators about the offensive conduct you observed. Your employer cannot retaliate against you for assisting the investigation.

Protect Your Rights

Pregnancy discrimination negatively impacts lives and deprives the city of talented workers. It’s up to all of us to ensure that New York City remains an attractive job market for talented people from around the globe. Demand respect. If you suspect you have suffered pregnancy discrimination, then call Carey & Associates today to go over your case, (914) 705-5427. We can meet in a confidential setting to review your memories and devise a legal strategy.