Workplace Pregnancy Discrimination Lawyer in New York City
RECOVERED
- Pregnancy discrimination in NYC remains common, affecting women’s work, health, and family life; legal support can help secure compensation for damages.
- Federal and local laws including the Pregnancy Discrimination Act, FMLA, ADA, PWFA, and NYC Local Law 2013/078 protect pregnant workers and require reasonable accommodations.
- Joseph & Norinsberg’s attorneys offer over 20 years of experience, aggressive representation, and holistic support for pregnancy discrimination cases.
- Common discrimination includes harassment, denial of accommodations, unfair pay, wrongful termination, or retaliation related to pregnancy or maternity leave.
- Experienced NYC pregnancy discrimination lawyers can evaluate cases, gather evidence, negotiate settlements, and litigate to ensure employees’ rights are upheld.
Pregnancy discrimination and other forms of gender-based employment discrimination remain shockingly prevalent. If an employer or potential employer has treated you unfavorably based on your pregnancy, childbirth, or maternity leave, you may be entitled to compensation for any resulting damages.
At Joseph & Norinsberg, our New York City workplace discrimination lawyers have over 100 years of collective experience, and we are prepared to pursue justice and compensation for you. Schedule a free consultation with us today to get started with a workplace pregnancy discrimination lawyer in New York City.
Table of Contents
- Why Choose Joseph & Norinsberg 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
What Are Some Examples of Pregnancy or Maternity Discrimination?
Examples of pregnancy or maternity discrimination include harassing comments, denied accommodations, and termination because of pregnancy. 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
- Asking a job applicant whether she plans to have children
- Failing to provide proper compensation to an employee on maternity leave
- Penalizing an employee for pregnancy-related sickness
- Terminating an employee because they are pregnant
These are just a few of the types of workplace discrimination our New York City employment lawyers can take action against.
A New York City workplace pregnancy discrimination lawyer from Joseph & Norinsberg will investigate the unlawful treatment you’ve faced, build a strong case, and work tirelessly to get a favorable outcome.
Compensation Available in a Pregnancy Discrimination Case
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.
The amount you can win in a pregnancy discrimination lawsuit varies based on the case’s details. The compensation you get also depends on whether the case is settled or goes to trial. Depending on your claim, our New York City workplace pregnancy discrimination lawyers may pursue compensation for:
- Lost wages
- Lost benefits
- Lost future earnings
- Emotional distress
- Attorney’s fees and costs
- Punitive damages, in limited circumstances
Our firm believes cases are not won by courtroom showmanship but by relentless preparation before trial. When other law firms are at the end of their rope, we tie a knot and keep fighting to get justice.
That approach helped Joseph & Norinsberg secure a $295,000 pregnancy and gender discrimination settlement for a client who was retaliated against and terminated after returning from parental leave. While past results do not guarantee future outcomes, we assure you that we’ll fight for the compensation you deserve.
Employee Rights and Protection Against Workplace Pregnancy Discrimination
Several federal, state, and local laws protect pregnant workers in New York City and require reasonable accommodations for pregnancy at work. Our Joseph & Norinsberg workplace pregnancy discrimination attorneys in New York City have a deep understanding of these laws and can use them to strengthen your case.
The laws that may apply to your case include:
- Pregnancy Discrimination Act (PDA): The federal Pregnancy Discrimination Act prohibits any type of pregnancy-based employment discrimination. The law covers all aspects of employment, including hiring, termination, promotion, pay, training, and benefits.
- Pregnant Workers Fairness Act (PWFA): The federal Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions unless doing so would cause undue hardship on the business.
- FMLA and ADA: The Family and Medical Leave Act requires employers with at least 50 employees to provide 12 weeks of leave, and the Americans with Disabilities Act requires employers with at least 15 employees to provide reasonable accommodations to workers suffering from pregnancy-related disabilities.
- New York State Human Rights Law (NYSHRL): The New York State Human Rights Law prohibits pregnancy-based employment discrimination and requires employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions. It applies to nearly all employers in the state, including small businesses that may fall outside federal coverage.
- NYC Pregnant Workers Fairness Act: Local Law 2013/078 applies to all local businesses with four or more employees and provides more comprehensive coverage than the federal law. The NYC Commission on Human Rights enforces it.
The PWFA does not replace more protective state or local laws, and Joseph & Norinsberg can help you determine which protections apply to you. Schedule a free consultation with us today to learn more about your rights as a worker and how we can help you seek justice after pregnancy discrimination.
Steps Involved in a Pregnancy Discrimination Case
Understanding the stages of a discrimination claim can help you prepare for your case. The New York City pregnancy discrimination attorneys at Joseph & Norinsberg typically guide clients through the following steps:
- Initial consultation and case evaluation: Your attorney will evaluate the merits of your claim and advise on the best course of action.
- Investigation and gathering of evidence: Your lawyer will collect records and interview witnesses.
- Filing a complaint: Your complaint initiates the formal legal process.
- Negotiation and settlement discussions: Your lawyer will advocate for a fair settlement that addresses the losses you’ve suffered.
- Litigation and trial: If you cannot reach a satisfactory settlement, your case may proceed to trial.
What Is the Time Limit for Filing a Pregnancy Discrimination Case?
You generally have 300 days to file a charge with the EEOC. Under the New York State Human Rights Law, you have three years to file a complaint with the New York State Division of Human Rights for discrimination occurring on or after February 15, 2024. An attorney can confirm which deadline applies to your claim.
Dealing with multiple deadlines can be stressful, especially when you’re living in the aftermath of workplace discrimination. Your New York City workplace discrimination lawyer at Joseph & Norinsberg can manage these deadlines and ensure all important documents are filed correctly and on time.
Contact a Workplace Pregnancy Discrimination Lawyer in New York City Today
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, and advocate passionately for you.
Joseph & Norinsberg is a premier employee-side employment law firm built around one commitment: Justice for the Employee. Led by experienced trial lawyers, Joseph & Norinsberg represents professionals, executives, and employees against companies of all sizes.
We take on cases involving discrimination, sexual harassment, retaliation, wrongful termination, and other workplace violations.
Joseph & Norinsberg has secured more than $250 million in verdicts and settlements fighting for employee rights. Contact us today to schedule a free consultation with an experienced workplace discrimination lawyer in New York City and get started on your claim.
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
- Terminating an employee because they are pregnant
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.
Bennitta L. Joseph is one of New York City’s leading employment trial attorneys, with more than 25 years of experience fighting for workers in high-stakes workplace disputes. Bennitta is known for taking on powerful corporations, institutions, executives, and public figures in cases involving discrimination, harassment, retaliation, wrongful termination, wage disputes, and executive compensation.
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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).