Pregnancy discrimination is a form of workplace discrimination that occurs when an employer mistreats a pregnant employee because of her pregnancy. This type of discrimination can take many forms, from being denied a promotion or raise to being fired or demoted because of pregnancy. Both employees and employers need to understand what pregnancy discrimination looks like to prevent it and protect the rights of pregnant workers.
Pregnancy Discrimination During the Hiring Process
One common form of pregnancy discrimination is during the hiring process. Some employers may choose not to hire a woman who is visibly pregnant or disclose that she is expecting. This decision may be based on assumptions about her ability to perform the job while pregnant or concerns about maternity leave and time off after giving birth. This type of discrimination is illegal under federal law, which prohibits employers from making hiring decisions based on pregnancy.
Denial of Accommodations
Another way pregnancy discrimination can manifest is through the denial of reasonable accommodations for pregnant employees. These accommodations could include extra bathroom breaks, modified work schedules, or lighter duty assignments. If an employer refuses to provide these accommodations despite medical necessity, it could be considered discriminatory treatment toward a pregnant employee.
Harassment and Hostile Work Environment
Pregnant employees may also face harassment or a hostile work environment as a form of discrimination. This could include offensive comments about their appearance, questions about their plans for maternity leave, or being excluded from meetings or opportunities for advancement because they are expecting. Creating a work environment where pregnant employees feel uncomfortable or unwelcome is illegal and should not be tolerated by any employer.
Retaliation for Taking Maternity Leave
Some employers may retaliate against pregnant employees who take maternity leave by demoting them, reducing their hours, or even terminating their employment upon their return to work. Federal law prohibits this type of retaliation and protects an employee's right to take unpaid maternity leave without fear of losing their job.
Pregnancy Discrimination Lawyers in New York
In conclusion, pregnancy discrimination is an issue that requires attention and action from both employees and employers. If you are an expecting employee in New York, NY, who believes you have faced discrimination, or if you are an employer seeking to foster a supportive work environment, Phillips & Associates, PLLC, can help. Our experienced employment law attorneys are dedicated to protecting the rights of pregnant workers and ensuring that employers comply with all relevant laws. Contact us today at (866) 229-9441 to learn more about our services and how we can assist you in creating a discrimination-free workplace. Let's work together to uphold the rights of all employees and promote a culture of respect and equality.