In New York City and across the state, the fight to protect pregnant mothers from discrimination at the workplace continues. Unfortunately, this type of gender-based discrimination is still rampant. Gregory Antollino, Attorney at Law, is dedicated to seeking justice for those like you who feel as though you’ve been discriminated against due to your gender or pregnancy. Pregnancy brings a few congratulations, then leads to tension in the workplace. Do not reveal it until you begin to show.
There is a “Pregnancy Discrimination Act” that was enacted because of a Supreme Court decision that did not recognize pregnancy as a factor in gender. Congress disagreed. Look to the EEOC regulations.
There are several laws meant to protect expecting mothers from discrimination at the workplace, which can take several forms. For example, you dissuaded from taking your entitlement to 8-weeks’ disability leave under New York law, or your 12-week leave under the Family and Medical Leave Act if you have a problem pregnancy. You could also be overlooked for a promotion that you are qualified for. Employers must also provide bonuses and benefits without factoring in your pregnancy in any way.
A father – whether he is with the pregnant woman, or seeks a child through surrogacy or adoption – has rights as well. Many companies have policies granting parental leave to both parents, and the FMLA also allows fathers to take time off to bond with the child and assist his spouse (if he has one – many single parents adopt) with the new addition to the family.
In extreme cases, an employer may even try to fire a pregnant woman under the guise of a different excuse. Other instances have shown employers forcing their pregnant employees to take a leave of absence or to use their vacation time, sick days, and so on in order to keep them away from their job. Under New York state law, this is illegal unless you are physically incapable of performing your job, even with accommodations.
Don’t to sit in silence if you feel like you have faced discrimination at your job because of your gender. You can start by reading more about employment law disputes on our webpage, linked here. After you have an idea of whether or not you have a case, you can start moving forward in your pursuit of justice and compensation.