White Plains Pregnancy Discrimination Lawyer
Our White Plains Pregnancy Discrimination Lawyers Fight for You
Our Award-Winning White Plains, NY Pregnancy Discrimination Attorneys have successfully represented many female employees who been victims of discrimination based on their gender and disability. Pregnancy discrimination claims can be complex as they are a subset of gender discrimination and can include disability claims depending on the nature of your medical condition (i.e., complications, bed rest). Under the Pregnancy Discrimination Act and other federal, state and local laws, it is unlawful for an employer to treat you less favorably than other employees because of your pregnancy or medical condition if qualifies a disability. We strive to do our best to represent you during this delicate time. We have represented clients who have been harassed during medical leave for their pregnancy, fired before birth of their child, harassed after birth of their child and/or harassed during the IVF process. Our clients have worked for many large companies located in or near White Plains. Unfortunately, gender discrimination (which includes pregnancy discrimination) still exists in today’s workplace. If you feel you are the victim of pregnancy discrimination in the workplace, call us now to learn your rights at (914) 723-7900. Do not wait to assert your lawful workplace rights. Your job is too important. An overview of Pregnancy Discrimination with some illustrative examples is provided below.
Overview of Pregnancy Discrimination
Pregnancy Discrimination occurs when an employer refuses to hire or decides to fire an employee because she is pregnant. The law protects those employees and applicants who are discriminated against because of their pregnancy or any condition related to it.
Pregnancy, under the law, is viewed only as a temporary disability. This means that an employer must provide a pregnant employee with the same medical benefits as an employee who has any other type of temporary disability. A pregnant woman is entitled to her maternity leave, just as a temporary disabled employee is entitled a medical leave for other medical purposes (e.g. back surgery).
A pregnant woman is allowed to work as long as she is able to. If a pregnant woman takes a few days off of work due to factors related to her pregnancy, her employer may not ask her to take the rest of her pregnancy off or fire her.Examples of Pregnancy Discrimination
Denial of Position: When a female applicant tells an employer, upon being asked, that she is 4 months pregnant and is denied the job and told to re-apply once she has had the baby.
Discriminatory Discipline: When a pregnant woman is disciplined for missing work because she had a doctor’s appointment that was related to prenatal care. However, other employees who have disabilities unrelated to pregnancy were not disciplined when they had missed work for medical visits.
Discriminatory Termination: When a female employee informs her employer that she is pregnant and is fired due to this fact; even though she has the capability to continue working for a few more months and return to work after the birth.
What Should I do if I am a Victim of Pregnancy Discrimination
You may want to consider the following factors:
DEVELOP A STRATEGY: Remember that each case is unique and you should speak with an experienced Pregnancy Discrimination Lawyer as soon as possible to develop and present the strongest legal arguments in the appropriate forum and manner. At the outset, it is important that you understand your options, strength of your claim, the benefits and the risks (which many employees overlook).
KEEP A RECORD: Your employer maintains a personnel file on your employment. You may want to consider keeping your own file by writing down every instance of unlawful conduct – what happened, what was said, what time and where did it occur, were there any witnesses, did you complain about it, etc. You should exercise some caution as these documents could become discoverable and viewed by your employer in a lawsuit or administrative proceeding. Since you generally do not have an expectation of privacy, you should keep your notes at home, not at work or on your work computer.
FILE A COMPLAINT: You should consider a written complaint about retaliation to your employer. Review your Company’s complaint process – is there an ombudsman, a Human Resources Contact Person or Complaint Hotline? If you are a member of a union, you may be able to file a grievance under the Collective Bargaining Agreement. Make sure you keep a copy of everything you submit and receive from the Company regarding your complaint.
KNOW YOUR DEADLINES: Depending on your specific facts, you may be able to file a lawsuit, administrative charge or another type of claim. You should consult with an experienced employment lawyer immediately to ensure that you do not miss any deadlines or statute of limitations periods.
Call now to speak with one of our White Plains Employment Law Attorneys to learn your workplace rights, options and how we can help you -- (914) 723-900. Do not hesitate to contact us if you are a victim of race discrimination and your workplace has been affected.