A pregnancy is an exciting and joyous time. When becoming pregnant, a woman should not have to worry about job security. Sadly, employers still discriminate against women who become pregnant. Fortunately, there are numerous laws that protect women from pregnancy discrimination. The Family Medical Leave Act stipulates that most employers have to allow for up to 12 weeks of leave for individuals to take care of personal or family medical matters. As well, it stipulates that no employee can be punished or demoted for taking advantage of this guaranteed time.

If you believe you are a victim of pregnancy discrimination and are considering a lawsuit, contact The Harman Firm, P.C., Attorneys and Counselors at Law. An experienced team of employment lawyers and New York City litigators, The Harman Firm, P.C. offers supportive counsel to the victims of pregnancy discrimination.

Pregnancy Discrimination Law

Pregnant woman are protected from unlawful employment actions under Title VII, an Amendment to the Civil Rights Act. This addition amended the law to classify pregnancy as a protected class, and was designed to prohibit employers from unfairly terminating or discriminating against working women just because they are or may become pregnant. This law applies to all employers that employ 15 or more employees, and is also applicable to municipal, state and federal governments.

Title VII Protects Employees In The Following Ways:

Hiring

When hiring for a position, it is illegal for an employer to not hire a woman because she is currently pregnant or has a pregnancy related health condition. Furthermore, Title VII makes it illegal for an employer or employee to discriminate against a pregnant woman based on a prejudicial feelings.

Pregnancy and Maternity Leave

Employees who become pregnant or experiencing pregnancy related health conditions while working for an employee may not be singled out for special treatment that would determine job eligibility. This includes any form of test or evaluation that is only given to pregnant workers. However, women who do become pregnant may have to submit a doctor’s note detailing the pregnancy is the employer requires it.

When an employee becomes pregnant, the employer must treat it as a temporary disability, and the same as any other worker claiming that they have a temporary disability. If any other employee is allowed to change tasks or duties to accommodate a temporary disability, the same opportunity must be afforded to pregnant women. Employers must also let pregnant women work as long as they are capable of performing their duties.

If a woman takes time off to have her child, or to treat a pregnancy related condition, the employer must hold the position open for the same amount of time as for any other employee who has taken short-term disability leave. Employer’s practices vary from case to case, and should be consulted before taking any leave.

The Harman Firm, P.C., Attorneys and Counselors at Law, offers aggressive and resourceful representation when it comes to negotiating, preparing and litigating employment contracts and severance agreements, especially in the New York metropolitan area’s public relations, technology, and marketing communities.

The Harman Firm, P.C. serves the New York metropolitan area including Manhattan, Brooklyn, Queens, Westchester, White Plains, Nassau and Suffolk Counties.