Pregnancy discrimination and harassment are prohibited under federal, state and city law. The major antidiscrimination legal acts are Title VII of the Civil Rights Act of 1964 which outlaws discrimination on the basis of race, religion, gender and national origin and the amendment to it called the Pregnancy Discrimination Act of 1978 which is designed to protect workers from discrimination based on pregnancy-related medical conditions.
Under federal, state, and city legislation, employers must treat disabilities due to pregnancy, childbirth or related medical conditions just like any other form of temporary disability. Women are legally protected from pregnancy discrimination and harassment and should be granted the same rights as other employees and job applicants affected by similar physical disabilities.
Pregnancy discrimination occurs when:
- A pregnant woman is refused a job because of her medical condition although she is able to perform the required functions. No prejudices on the part of the employer, co-workers or clients can be considered a lawful reason for not hiring a pregnant woman.
- A woman is fired or laid off because of her pregnancy or related medical conditions without a documented record of inadequate performance or other lawful reason.
- A pregnant woman is refused a promotion or other benefits or otherwise subject to unfair treatment or an adverse employment action.
Pregnancy harassment may be described as any unwelcome conduct (verbal, physical, etc.) based on a person’s pregnancy and leading to a hostile working environment. It may include offensive jokes, comments, cartoons, gestures related to pregnancy. The harasser can be the employer, a supervisor, a co-worker or even a client. Both pregnancy discrimination and harassment in the workplace are illegal and should not be tolerated.
Fighting pregnancy discrimination and harassment
If you feel that you’re harassed or discriminated against because of your pregnancy, childbirth or related medical condition you need to take the following steps to protect yourself and win back the rights and benefits that you’re entitled to:
- Keep track of every instance of pregnancy-based discrimination and/or harassment. Put down all the details and be sure to keep a copy which will be used in case you decide to file a complaint or sue your company for discrimination/harassment.
- Talk to the employer or upper management of the company and inquire about the grievance procedures you can use.
- Find out whether your co-workers had similar problems when they were pregnant.
If the company fails to take satisfactory action to resolve the problem you may file charges with the U.S. Equal employment Commission (EEOC), equivalent state or city agency, or file directy in state court. You don’t need a lawyer to do it, but you should get some legal advice. Our attorneys specialize in pregnancy discrimination and harassment and can explain the legal procedures you can use. Our attorneys will also help you figure out the time and cost of filing a lawsuit as well as your chances to win the case. Contact our firm for assistance.
Many women have stood up to pregnancy discrimination and harassment and have improved their lives. If you know your legal rights you can always get fair treatment in the workplace and collect the damages for the pain and inconvenience that discrimination have caused you.
Pregnancy Discrimination Lawyers in NYC
If you have been discriminated against at your place of work because of your pregnancy, act now and contact Borrelli & Associates, P.L.L.C for one of the best Pregnancy Discrimination Lawyers in New York.
A pregnant employee should not have to deal with discrimination or harassment in the workplace because of their pregnancy. Women who are pregnant often need to keep their jobs for financial reasons, and want to go on working for as long as possible. Dealing with discrimination or harassment at work can create a hostile work environment which makes it difficult to be productive and often causes a good deal of stress.
Fight Pregnancy Discrimination & Harassment in the Workplace
Borrelli & Associates, P.L.L.C. offers pregnancy discrimination attorneys who will act as your representatives in court in the following New York locations: Manhattan, New York City, Nassau County NY, Suffolk County NY, Great Neck NY, Brooklyn, the Bronx, Queens, and Staten Island. Our attorneys have expert knowledge of the laws relevant to pregnancy discrimination and will be sympathetic to your case. They will do everything possible to ensure that your pregnancy is not a source for worry or intolerance at your workplace.
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