Pregnancy Discrimination

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Help Filing a Lawsuit for Pregnancy Discrimination 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.

According to the PDA, employers must treat pregnant women as "temporarily disabled" and accomadate them as any other employee experiencing a short-term disability. Additionally, 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 Pregnancy Discrimination Attorney

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

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Schwartz Perry & Heller LLP
New York Employment Law Attorney
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New York, NY 10016
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