For nearly 18 years, Rapaport Law Firm PLLC has helped fight for the rights of pregnant employees in New York. Pregnancy discrimination occurs when an employer treats a pregnant employee less favorably than employees with non-pregnancy-related disabilities. Discrimination on the basis of pregnancy, childbirth or related medical conditions is unlawful sex or gender discrimination under the Federal, New York State and New York City human rights laws. Employers are required to give pregnant employees the same treatment and benefits that are given to other employees with temporary disabilities.
An employer is not permitted to direct a pregnant employee to cease working based on the employer's stereotypes regarding pregnant women. A pregnant employee who takes pregnancy-related leave must be permitted to take advantage of her sick leave to the same extent as if she were suffering from another temporary physical disability. Pregnant employees cannot be fired for using accrued sick time.
Employers are forbidden by both the New York City Human Rights Law, as well as Title VII of the Civil Rights Act of 1964, from discriminating against employees based on pregnancy. The Pregnancy Discrimination Act (PDA) explicitly provides that, for purposes of Title VII, discrimination "on the basis of sex" includes discrimination "because of or on the basis of pregnancy, childbirth, or related medical conditions."
Rapaport Law Firm is proud to have been at the forefront of protecting pregnant employees in New York against discrimination in the workplace. In our groundbreaking case, Peralta v. Chromium Plating (New York Law Journal, October 18, 2000), attorney Marc Rapaport obtained a summary judgment in favor of our firm's client, Wendy Peralta. In that case, the defendant-employer directed Ms. Peralta to cease working after learning of Ms. Peralta's pregnancy. The NY Federal Court's groundbreaking decision marked a strong affirmation of a pregnant employee's right to continue in her career, free of discrimination. If you believe that you are the victim of discrimination, call us today at (212) 382-1600.
What Constitutes Pregnancy Discrimination?
Pregnancy discrimination can take many forms and can include:
- Unequal treatment because a woman is pregnant, may become pregnant, or has a medical condition related to pregnancy or childbirth
- Denial of maternity leave
- Compelling or pressuring a pregnant employee to take unpaid leave
- Firing or demoting an employee because of pregnancy
- Failing to hire or promote an employee because of pregnancy
- Forcing a pregnant employee to work in an unsafe environment
- Failing to provide a private space for breast feeding
If you believe that you have been treated differently because you are pregnant or are a woman, we can help you. Call a NY pregnancy discrimination lawyer at Rapaport Law Firm for a free telephone consultation: ph (212) 382-1600.