Pregnancy Discrimination

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Pregnancy Discrimination Attorney in New York

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on protected characteristics, including sex-based discrimination. The Pregnancy Discrimination Act (PDA), which was amended to Title VII, denotes pregnancy discrimination as a form of sex discrimination. The PDA requires employers to treat women who are expecting as "temporarily disabled" and to afford them the accommodation that would be given to any other employee experiencing a short-term disability. Another federal law, the Family Medical Leave Act, allows both mothers and fathers 12 weeks of unpaid, job-protected leave after childbirth.

Under laws that protect women from pregnancy discrimination, an employer may not:

  • Fire a female employee because she is pregnant
  • Refuse to hire an otherwise qualified woman because she is pregnant
  • Require a pregnant employee to bring a doctor's note verifying her inability to work when other employees are not required to follow similar protocol if they are injured or ill
  • Fail to restore an employee who just returned from pregnancy leave to her former position or one like it
  • Treat an employee differently because she is pregnant, including demoting her, decreasing her hours, or removing privileges / responsibilities
  • Enact a rule that employees may not return to work for a certain amount of time before or after giving birth
  • Penalize an employee who takes time off for prenatal doctor appointments when other employees are not penalized when they leave for medical reasons
  • Ignore an employee who is otherwise qualified for a promotion or pay raise because she is pregnant

Strong Advocacy from a New York Employment Discrimination Attorney

If you have been fired or otherwise discriminated against because of your pregnancy, talk to a New York employment law attorney from Schwartz Perry & Heller right away. We know how to defend your rights under the state and federal laws designed to protect you. Call Schwartz Perry & Heller today for more information.

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Schwartz Perry & Heller
New York Employment Law Attorney
Located at: 295 Madison Avenue,
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New York, NY 10017
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