New York Attorney for Pregnancy Discrimination During the Interview or Hiring Process

Employment Lawyers Protecting the Rights of New York City Residents

Expecting a child is an exciting time in a woman’s life. However, some employers view pregnancy as a hindrance and use it as an excuse to deny employment to qualified candidates. Many hiring managers operate under discriminatory assumptions, such as believing that a pregnant employee will require extended maternity leave or be unable to focus on the job due to impending childcare responsibilities. These biases can lead to unfair hiring practices that violate federal, state, and city laws designed to protect workers from pregnancy-based discrimination.

At Phillips & Associates, our experienced employment discrimination attorneys advocate for pregnant job applicants throughout New York City who have faced unlawful treatment during the hiring process. 

Contact us today to discuss your case and learn about your legal options. If you believe that you were denied a job opportunity due to pregnancy, we are here to help you understand your rights and take legal action against discriminatory employers.

Federal and State Protections Against Pregnancy Discrimination in Hiring

Pregnancy discrimination is explicitly prohibited under federal, state, and local laws. These legal protections ensure that employers cannot refuse to hire a woman based on pregnancy, childbirth, or related medical conditions.

Title VII of the Civil Rights Act & Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions in workplaces with 15 or more employees. Under this law:

Employers cannot refuse to hire a woman due to pregnancy or the prejudices of customers, clients, or coworkers.

Employers may not single out pregnancy-related conditions for special procedures to determine an applicant’s ability to work.

Pregnant applicants must be treated the same as other job candidates with similar abilities.

New York State & New York City Human Rights Laws

In addition to federal protections, New York State law and the New York City Human Rights Law provide some of the strongest protections against pregnancy discrimination in the country. These laws apply to any employer with four or more employees, significantly expanding protections beyond federal law. Key provisions include:

• Employers may not ask about a woman’s pregnancy status or plans for maternity leave during the hiring process.
• Reasonable accommodations must be provided to pregnant employees, including modifications to work duties if necessary.
• The law applies broadly, covering job interviews, applications, and employment decisions.

Common Forms of Pregnancy Discrimination During the Hiring Process

Pregnancy discrimination can take many forms, including explicit refusals to hire and more subtle discriminatory practices. Some common examples include:

• Invasive or discriminatory interview questions, such as:
  • “Are you pregnant or planning to have children soon?”
  • “Will you need maternity leave?”
  • “How will you balance work with a baby?”
• Refusal to hire a pregnant woman despite her qualifications while hiring less-qualified, non-pregnant candidates.
• Negative assumptions about a pregnant applicant’s ability to perform job duties, such as concerns about attendance or productivity.
• Retraction of a job offer upon discovering the applicant is pregnant.
• Failing to provide reasonable accommodations for pregnancy-related medical needs.

Employers often disguise discriminatory hiring decisions under vague justifications, such as claiming the applicant was not the “right fit.” However, if pregnancy played any role in the decision, it is unlawful.

Protections for Pregnant Job Applicants Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) entitles eligible employees to 12 weeks of unpaid leave for childbirth and related medical conditions. Some employers may attempt to deny pregnant women job opportunities because they do not want to accommodate future FMLA leave. However, rejecting a job candidate solely based on concerns about maternity leave is illegal under federal and state laws.

Employers cannot:

• Refuse to hire a woman because she may use FMLA leave in the future.
• Impose different hiring standards based on a woman’s potential need for leave.
• Penalize an employee for requesting or taking maternity leave.

What to Do If You Have Experienced Pregnancy Discrimination in Hiring

If you believe that a prospective employer discriminated against you due to pregnancy, it is important to take action promptly. Here are some steps you can take:

1. Document Everything: Keep a record of job postings, interview questions, emails, and any statements that indicate bias.
2. Gather Witness Statements: If someone witnessed discriminatory behavior, their testimony could be valuable.
3. Consult an Employment Lawyer: A knowledgeable attorney can assess your case, determine legal options, and guide you through the process of filing a complaint.
4. File a Claim: You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York City Commission on Human Rights.

Our attorneys can help you navigate these steps and ensure that your rights are protected.

Consult a New York City Attorney for Pregnancy Discrimination

No woman should be denied job opportunities due to pregnancy. At Phillips & Associates, we are committed to fighting for the rights of pregnant workers and ensuring that they receive fair treatment in the hiring process. Our team has extensive experience handling pregnancy discrimination claims and will work tirelessly to hold employers accountable for their actions.

We proudly serve clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester County.

Contact us today at (866) 229-9441 or fill out our online form to schedule a free consultation. We operate on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you.