NYC Pregnancy Discrimination Lawyer
OVER
recovered for our employment law cases
In 2020, one might think that pregnancy discrimination in the workplace is nothing more than a distant memory from years gone by. But this and other forms of gender-based employment discrimination remain shockingly prevalent. A New York City pregnancy discrimination lawyer knows and understands how impactful this discrimination is on a woman’s work and home life.
If an employer or potential employer treats a woman unfavorably based on her pregnancy, childbirth, or maternity leave, she may be entitled to compensation for any resulting damages. Pregnancy discrimination applies to medical complications related to the pregnancy, both before and after the baby’s birth.
At Joseph & Norinsberg LLC, our highly skilled team of NYC pregnancy discrimination attorneys has protected New York workers’ rights for over 20 years. We have an exceptional track record of winning workplace discrimination cases and obtaining substantial settlements for our clients.
Any type of workplace discrimination is unacceptable, but when you are carrying a child or caring for a newborn, high levels of stress can impact the health of both mother and baby, taking an emotional and financial toll on the entire family. Also, many expecting individuals also fear retaliation, so they struggle with telling their boss about their pregnancy. Contact a New York City pregnancy discrimination lawyer today if you have been a victim of pregnancy discrimination in your workplace.
Table of Contents
- Why Choose Joseph & Norinsberg LLC for Your Pregnancy Discrimination Case?
- Employee Rights and Protection Against Workplace Pregnancy Discrimination
- The Pregnant Workers Fairness Act and Local Laws
- Qualities To Look for in a Pregnancy Discrimination Lawyer
- Steps Involved in a Pregnancy Discrimination Case
- Frequently Asked Questions
- Contact A New York City Pregnancy Discrimination Lawyer Today
Why Choose Joseph & Norinsberg LLC for Your Pregnancy Discrimination Case?
Choosing the right pregnancy discrimination attorney in New York City is crucial. When facing workplace discrimination based on your pregnancy, Joseph & Norinsberg LLC is a top choice in this field. Our law firm offers comprehensive legal support to protect your rights.
Outstanding Experience and Legal Acumen
Our firm is renowned for its proficiency in providing legal help for pregnancy discrimination in NYC. Our attorneys are deeply knowledgeable about New York City and state employment laws, approaching each case with the rigor and attention it deserves. We are committed to fighting passionately and aggressively for every client.
Qualities that set our team apart include the following:
- A proven track record in successfully handling pregnancy discrimination cases
- Extensive knowledge of the constantly evolving NYC, state, and federal employment laws and how these laws impact employees and job applicants
- Passionate and aggressive representation tailored to each client’s unique situation
- Approachable, empathetic, and responsive lawyers experienced with pregnancy discrimination cases
Hard Work and Meticulous Preparation
Our firm believes cases are not won by courtroom showmanship but by relentless and time-consuming preparation before trial. Our tenacious attorneys and staff will fight relentlessly on your behalf to get you justice.
When other law firms are at the end of their rope…we tie a knot and keep fighting to get you justice.
Media Recognition and Client Testimonials
Our firm’s dedication and success in fighting for justice have not gone unnoticed. We have been featured in various media outlets and have received numerous testimonials from satisfied clients, highlighting our commitment to excellence and justice.
We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family, and they regularly stay in touch with us long after their cases are resolved. We regularly receive unsolicited client testimonials such as the following:
Award-Winning Legal Team
The basis of our success lies in the knowledge, experience, and dedication of our founders. Bennitta Joseph, a former prosecutor with the New York City District Attorney’s office, brings a wealth of experience and a deep commitment to justice. Jon Norinsberg has a 25-year track record of success as a top civil rights litigator in New York City and has been featured in the New York Law Journal. Together, they have been honored as “Best Litigation Attorneys in NYC” by expertise.com, attesting to their skill and dedication to client advocacy.
Comprehensive Support System
We believe in providing holistic support to our clients. Our experienced attorneys and paralegals have the resources and skills to guide you through every stage of your case, supporting you both in and out of the courtroom.
Our support extends beyond legal advice. We strive to keep you informed and comfortable with the legal process, offering guidance on the nuances of employment law and your rights. Our firm is passionate about empowering clients to protect their rights and restore their dignity.
Collaborative Approach
Exceptional Case Results
Joseph & Norinsberg obtained a $500,000 settlement for a manager working for an international fashion publication. The manager alleged pregnancy discrimination and retaliation as well as violations of the equal pay act. After representing our clients for approximately six months our firm successfully resolved her case.
In another case, Joseph & Norinsberg LLC obtained a 1.3-million-dollar settlement representing 12 employees against a transportation company. The employees alleged pregnancy, gender, and race discrimination, as well as retaliation. After approximately 1 year of aggressive litigation our Firm successfully resolved the case on behalf of these clients.
Employee Rights and Protection Against Workplace Pregnancy Discrimination
The federal Pregnancy Discrimination Act, or PDA, prohibits any type of pregnancy-based employment discrimination. The law covers all aspects of employment, including hiring, termination, promotion, pay, training, and benefits, such as health insurance or paid time off. For employment purposes, pregnancy must be treated as a disability if a worker is temporarily unable to perform job duties due to a pregnancy or childbirth-related medical condition. The employer must use the same protocols that it applies to other employee disabilities, including providing light-duty alternatives or paid and unpaid leave.
Furthermore, the Family Medical Leave Act, or FMLA, and the Americans with Disabilities Act, or ADA, offer additional federal protections to most pregnant workers. FMLA requires employers with at least 50 employees to provide 12 weeks of leave to pregnant employees who are unable to work due to pregnancy-related complications, and the ADA requires employers with at least 15 employees to provide reasonable accommodations to workers who are suffering from pregnancy-related disabilities. These accommodations can include everything from lighter-duty tasks to an additional leave of absence. If you have questions about which rights and protections you are entitled to while being pregnant at work, it’s best to speak with a New York City pregnancy discrimination lawyer.
The Pregnant Workers Fairness Act and Local Laws
Enacted in 2023, the federal Pregnant Workers Fairness Act, or PWFA, stands as a significant advancement in protecting the rights of pregnant employees across the United States. The PWFA mandates employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions unless doing so would cause undue hardship on the business.
The PWFA’s provisions include:
- Employers covered: The new law applies to private and public sector employers with 15 or more employees.
- Reasonable accommodations: The PWFA allows pregnant workers to request work-related adjustments, such as more frequent breaks, time off for prenatal appointments, or modifications to their work environment to maintain health and safety during pregnancy.
- Protection from discrimination: The act prohibits employers from discriminating against pregnant employees in hiring, promotion, or termination decisions based on their need for reasonable accommodations.
- Legal recourse for violations: The PWFA provides legal redress for employees who face discrimination or are denied reasonable accommodations, empowering them to file a complaint with the U.S. Equal Employment Opportunity Commission.
The PWFA does not replace more protective state or local laws, such as New York City’s Local Law 2013/078.
New York City Local Law 2013/078
While the PWFA provides significant protection for pregnant workers nationwide, Congress did not enact it until 2023. Before that, New York City lawmakers implemented local safeguards to protect pregnant workers from workplace discrimination.
The city passed Local Law 2013/078, which went into effect in 2014. This law emphasizes that New York City does not tolerate workplace discrimination against pregnant employees. It applies to all local businesses with four or more employees, thus providing more comprehensive coverage than the federal law.
Similar to the PWFA, Local Law 2013/078 requires employers to provide reasonable accommodations to pregnant employees so that they can continue to work comfortably. These accommodations can include more bathroom breaks, time off for childbirth recovery, and help with physically demanding tasks. However, employers are not required to provide accommodations if doing so would lead to undue hardship.
Qualities To Look for in a Pregnancy Discrimination Lawyer
When seeking legal assistance for pregnancy discrimination in NYC, certain qualities can make a significant difference in the outcome of your case. Look for a NYC lawyer for pregnancy discrimination cases that exhibits the following:
- Experience with pregnancy discrimination cases: Choose a lawyer with a solid track record of handling pregnancy discrimination claims. Their experience can provide invaluable insight and strategy for successfully navigating your case.
- Knowledge of local employment laws: An attorney well-versed in New York City and state employment laws can offer specific guidance tailored to your situation and protect your rights.
- Proven success in client outcomes: Look for a lawyer who has consistently achieved favorable outcomes, demonstrating their ability to effectively manage and win cases.
- Compassionate and supportive approach: The right lawyer will be an adept legal advocate and provide emotional and procedural support, making the legal journey less daunting.
These qualities are essential in choosing a NYC lawyer for pregnancy discrimination cases. The right advocate committed to fighting for your rights and well-being can make a significant difference.
Steps Involved in a Pregnancy Discrimination Case
While every case is unique, the following is a brief overview of the typical steps involved in a typical pregnancy discrimination case:
- Initial consultation and case evaluation: The first step is to meet with a pregnancy discrimination lawyer for an initial consultation to discuss the details of your case. During this meeting, your attorney will evaluate the merits of your claim and advise on the best course of action.
- Investigation and gathering of evidence: If you decide to proceed, your lawyer will conduct a thorough investigation to gather all necessary evidence. This process may include collecting records, interviewing witnesses, and consulting with experts to build a strong case on your behalf.
- Filing a complaint: Depending on your case, the next step involves filing a formal complaint with the appropriate agency or court. This legal document outlines your allegations of discrimination and initiates the formal legal process.
- Negotiation and settlement discussions: Pregnancy discrimination cases are often settled through negotiations or mediation, where your lawyer will advocate for a fair settlement that addresses your grievances.
- Litigation and trial: If you cannot reach a satisfactory settlement, your case may proceed to trial. Your NYC lawyer for pregnancy discrimination cases will represent you in court, presenting your case and arguing on your behalf to achieve a favorable outcome.
Frequently Asked Questions
What Are Some Examples of Pregnancy or Maternity Discrimination?
You may have experienced pregnancy discrimination if your employer has done, enabled, or refused to address any of the following:
- Inappropriate or harassing comments about pregnancy, such as, “This is what happens when you decide to have babies.”
- Asking a job applicant whether she plans to have children
- Failing to provide flexible training options for pregnant employees or those who have recently returned from maternity leave
- Failing to provide proper compensation to an employee on maternity leave
- Failing to properly communicate with an employee on maternity leave
- Penalizing an employee for pregnancy-related sickness
- Unjustifiably refusing to allow an employee to return on a part-time basis following maternity leave
What Might Be Used as Evidence of Pregnancy Discrimination?
- Policies treating pregnant employees less favorably than others
- Neutral policies disproportionately impacting pregnant workers
- Emails or voice messages indicating pregnancy bias or harassment
- An adverse action shortly after the decision-maker learns of your pregnancy
- Witness testimony corroborating pregnancy discrimination
Should I Disclose Being Pregnant During an Interview?
Although you are under no legal obligation to report your pregnancy during an interview, you may wish to consider the personal consequences of hiding a pregnancy. Failing to report such a significant detail may appear dishonest if you get hired and accept the job.
What Is a Pregnant Employee’s Right to a Leave of Absence?
A pregnant employee covered by FMLA is entitled to 12 weeks of pregnancy-related leave. If the ADA also covers the employee, she may be entitled to an extended leave of absence due to a pregnancy-related disability.
How Do You Prove Pregnancy Discrimination?
To prove pregnancy discrimination, you must demonstrate that you were treated unfavorably or faced adverse employment actions, such as termination or demotion, due to your pregnancy, childbirth, or related medical conditions. You can prove this through direct evidence, such as discriminatory remarks, or indirect evidence, such as a pattern of only pregnant employees being demoted or fired.
How Much Can You Win in a Pregnancy Discrimination Lawsuit?
The amount you can win in a pregnancy discrimination lawsuit varies based on the case’s details, including lost wages, emotional distress, and, in limited circumstances, punitive damages. The sum also depends on whether the case is settled or goes to trial, with some settlements and court awards reaching significant amounts to compensate for the discrimination experienced.
What Is the Time Limit for Filing a Pregnancy Discrimination Case?
The time limit for filing a pregnancy discrimination case can vary depending on the type of claim you are filing and the jurisdiction where you are filing it. However, under federal law, you typically have 180 days from the date of the discriminatory act to file a complaint with the EEOC.
Contact A New York City Pregnancy Discrimination Lawyer Today
The journey to justice for victims of pregnancy discrimination is daunting but imperative. Securing experienced legal representation is crucial in navigating these complex cases and safeguarding your rights. At Joseph & Norinsberg LLC, our seasoned attorneys understand the intricacies of pregnancy discrimination law and are committed to providing the robust representation you deserve.
We urge you not to endure pregnancy discrimination in silence. Our dedicated team is ready to evaluate your case, explain your legal options under the PWFA and other laws, investigate, and advocate passionately for you.
If you have been a victim of pregnancy or gender-based discrimination in the workplace, a NYC pregnancy discrimination lawyer at Joseph & Norinsberg LLC can help. Call us at 212-227-5700 or contact us online for a free consultation.
Bennitta Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
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Increased client’s severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).
