Long Island Pregnancy Discrimination Attorney

Fighting For Pregnancy Discrimination Victims in New York

Long Island has a number of scientific research and engineering employers. Some of these include OSI Pharmaceuticals, Cablevision, Research Frontiers, and Standard Microsystems. However, even in technologically advanced industries, employers sometimes have outdated ideas about what pregnant women can and cannot do or what they should do after getting pregnant. Pregnancy discrimination is prohibited in New York. This type of discrimination occurs when a woman who is expecting a child is treated adversely in employment because of their pregnancy or their intention to get pregnant. At Phillips & Associates, our Long Island pregnancy discrimination lawyers are committed to helping working women who were subjected to discrimination or harassed because of their pregnancies obtain relief through lawsuits. We offer free consultations and no upfront fees. Call and speak to one of our employment attorneys today at (866) 229-9441.

Call Phillips & Associates, PLLC, today at (866) 229-9441 or contact us online to schedule a consultation with our pregnancy discrimination lawyer in Long Island.

Understanding Pregnancy Discrimination 

From the start of the hiring process, pregnant women on Long Island have protection under Title VII of the Civil Rights Act and the New York State Human Rights Law. The federal Pregnancy Discrimination Act prohibits discrimination based on pregnancy with regard to any employment decision, including firing, hiring, pay, job assignments, promotions, training, bonuses, fringe benefits, and other terms and conditions of employment. Some women are not hired due to their pregnancy. Others are fired shortly after they tell their employer they are pregnant. Additionally, some women are fired shortly after returning from pregnancy-related leave. If you suspect you are a victim of pregnancy discrimination in the workplace, our employment attorneys may be able to help.

Under federal law, if you are not able to work due to a medical condition arising from pregnancy or childbirth, such as preeclampsia or gestational diabetes, your employer is supposed to treat you in the same way that it would treat other employees with temporary disabilities like a broken bone or soft tissue injuries. This might mean that your employer must reassign you to less strenuous work or provide unpaid leave if it would do that for workers with temporary disabilities. An employer covered by federal law that does not provide any of these things to workers who are temporarily disabled may not need to provide them for a pregnant worker either. A pregnancy discrimination attorney can explain to Long Island residents which accommodations they may be able to obtain.

One form of discrimination is harassment. It is illegal for an employer to permit harassment of an employee because she is pregnant, is going through childbirth, or has a related medical condition. A harasser may be a supervisor or manager, in which case the harassment is imputed to the employer. However, it can also be a coworker or customer, and in that case, culpability depends in part on whether the employer knew and took reasonable steps to correct it. If harassment based on pregnancy is so frequent or severe that it creates a hostile work environment or results in the worker facing a negative employment decision, such as being terminated, it is actionable. Some women experience a hostile work environment due to their pregnancy. They experience negative comments about their body, questions about who the father is, or their ability to continue working while raising a child. These comments can be illegal and show a discriminatory animus toward pregnant women. Our pregnancy discrimination attorney may be able to help you understand your rights and fight back.

Reasonable Accommodations and Related Protections

A pregnancy-related condition may be considered a disability under the Americans With Disabilities Act. In that case, the employer will need to give you reasonable accommodation that allows you to perform your job unless it presents an undue hardship.

Pregnant employees may also have protection under the federal Family and Medical Leave Act (FMLA) if their employers and they are covered. A new parent who is covered may be eligible for 12 weeks of leave to care for a new child if she works for an employer who is covered. Employers must have 50 or more employees to be covered by the FMLA. Employers are not supposed to discriminate against covered employees for taking FMLA leave, and a Long Island pregnancy discrimination attorney can help you hold your employer accountable if it does.

The New York State Human Rights Law also provides protection from pregnancy discrimination, and it provides protection to smaller employers that have at least four employees. Employers on Long Island cannot require you to take time off or take a leave of absence except when your pregnancy makes it so that you cannot reasonably perform your job duties. You cannot be terminated, demoted, or otherwise subjected to adverse employment actions due to your pregnancy.

Additionally, employers in the state are supposed to provide reasonable accommodations for pregnant employees. If you ask for an accommodation, the employer should engage in a discussion to evaluate your request and determine whether it is feasible to provide it.

How Our Pregnancy Discrimination Lawyer Can Help You

Facing pregnancy discrimination can be overwhelming, but you don’t have to navigate it alone. Phillips & Associates, PLLC, offers dedicated legal representation to pregnant workers who are treated unfairly by their employers. Here’s how we can help:

• Thorough Investigation: We will work with you to gather and review evidence, including documents, emails, and witness statements, to create a strong case that supports your claim of discrimination.
• Comprehensive Legal Strategy: We are well-versed in both federal and New York state employment laws. We will analyze the specifics of your case to determine the most effective legal strategy, whether it involves filing a complaint with the Equal Employment Opportunity Commission (EEOC), pursuing a lawsuit, or negotiating a settlement.
• Advocacy and Representation: We will represent you in all legal proceedings, ensuring your voice is heard and treated fairly. We are experienced in litigation and negotiations, and we are committed to obtaining the best possible result for you.
• Negotiating Settlements: In many instances, employers may seek to settle claims out of court. We will ensure that any settlement offer reflects the full scope of your damages, including lost wages, emotional distress, and punitive damages.
• Trial Representation: If a fair settlement cannot be achieved, we are prepared to take your case to trial. We are skilled litigators with a proven track record of success in the courtroom, and we will fight to safeguard your rights and hold your employer accountable.

Contact Our Pregnancy Discrimination Lawyer in Long Island Today

At Phillips & Associates, we can take action against many forms of employer misconduct and may be able to help you recover damages if you have been mistreated at work. Contact our pregnancy discrimination attorneys today at (866) 229-9441 or through our online form.

Contact Phillips & Associates, PLLC, today to get started with our Long Island pregnancy discrimination attorney.

PHILLIPS & ASSOCIATES
585 Stewart Ave #410
Garden City, NY 11530
Tel: 516-365-3731
Fax: (212) 901-2107