Time is Ticking
If you believe you have been the victim of pregnancy discrimination at work, you could run out of time and lose your ability to be compensated.
Speak out if you experience workplace pregnancy discrimination or have been fired while being pregnant. You have rights!
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Reach Out for Legal Help
You likely don’t know what to do next. You’ve faced pregnancy discrimination, and you want to make these wrongs right. We can help. This is a very sensitive time. Don’t wait to talk to a lawyer. We know that there is already a very pressing due date on your mind. You don’t want to delay seeking a lawyer to help you. Ideally, you will have already exhausted all of your options, if you are still employed at the place where you felt you were discriminated against. That includes going through your employee handbook and seeing what actions need to be taken. In other cases, going straight to a New York pregnancy discrimination lawyer is the best step. Regardless, we are here to help you in any stage of this process.
What is Workplace Pregnancy Discrimination
If you believe you have been the victim of Pregnancy discrimination at work, contact our experienced labor and employment workplace discrimination attorney to discuss your case. Our lawyers can help you determine whether you have a valid claim and what steps to take to protect your rights. Pregnancy, childbirth, or related medical conditions discrimination can be extremely damaging to someone’s career and mental health, and it is unfortunately very common in the workplace.
You must speak up if you believe you have been the victim of pregnancy discrimination in the workplace. Laws in place protect workers from pregnancy discrimination, and you may be able to file a claim against your employer. Our experienced labor and employment law firm can help you understand your rights and options.
Examples Of Workplace Pregnancy, Childbirth, Or Related Medical Conditions Discrimination In New York
There are many examples of workplace pregnancy discrimination in New York. One typical example is when, for example, employees that are not pregnant get paid more for the same job. Women subjected to pregnancy discrimination often experience a more significant wage gap. In other pregnancy discrimination cases, it may take the form of sexual harassment and a hostile work environment, that is created by comments or conduct that is directed at employees based on their pregnancy, childbirth, or related medical conditions.
Examples Of Pregnancy Discrimination In The Workplace
- Pay disparities based upon pregnancy, childbirth, or related medical conditions
- Promotions and job opportunities that are not equally available and based on an employee’s pregnancy
- Failing to provide equal access to development and training opportunities to pregnant employees
- Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee based upon her being pregnant
- Denial of promotions because the employee is pregnant while employees with less experience and not pregnant are promoted for pregnancy discriminated reasons
- Employer gives benefits to some employees’ families while not providing benefits to pregnant employees’ families because of pregnancy discrimination
- Denying a promotion or hiring of an employee because of Pregnancy
- Getting Paid less salary than employees who are not getting paid less salary than employees who are not pregnant and had no pregnancy-related issues than nonpregnant employees doing equivalent work doing equivalent work
- If in the course of a job interview you are asked about your pregnancy or intentions to start a family
- Denial of working hours modification request to pregnant employees to go to a doctor’s appointment, while other employees are granted such requests
How Do You Win An Workplace Pregnancy Discrimination Lawsuit?
There are several factors that you must prove to win an employment pregnancy discrimination lawsuit. If you can answer yes to the following questions, you may have been a victim of employment discrimination:
1. Do you work at a company with 4 or more employees?
The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.
2. Did something bad happen to you at work?
- Being fired
- Being laid off
- Not receiving a raise
- Being demoted
- Being passed over for a promotion
- Being harassed at work
3. Are you a member of a protected class?
To prove employment discrimination, you must show that you are a member of a “protected class”, for example, you are pregnant and it doesn’t affect job performance
4. Were you qualified to perform the job at issue?
You must be able to demonstrate that you had the right skill set to perform the job at issue despite your disability.
- An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
- An example of being qualified and passed over in a discriminatory situation would be if you had the same or greater abilities than others who applied for a job position. Both you and the person that is not part of a protected class which includes pregnancy had equal experience working in the position you were applying for. If the other individual was hired, but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified individual were passed over for the job.
5. Does it seem likely that pregnancy discrimination occurred because you are a member of a protected class?
This means that there is some evidence that shows that something bad happened to you at work BECAUSE of your gender identification or sexual orientation. There must be a believable cause-and-effect relationship between your sexual orientation projective identification and the negative job action. For example:
- You were fired BECAUSE of your PREGNANCY
- You didn’t get a raise BECAUSE of your PREGNANCY
- You were fired BECAUSE of your PREGNANCY
6. Is your employer’s reason for taking the adverse action a lie (“Pretext”)?
Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of pregnancy discrimination cases, your boss is going to have an excuse that explains why you were treated badly. It is your responsibility to demonstrate that your boss’s excuse is false and that the real reason is pregnancy discrimination. For example, if you are pregnant and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if employees who are not pregnant act the same way and perform the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.
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