Pregnancy Discrimination Lawyer New York

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.

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 pregnancy discrimination lawyers has been protecting the rights of New York and New Jersey workers for more than 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. Contact a NY/NJ employment law attorney today if you have been a victim of pregnancy discrimination.

If You Feel You Have Been Exposed to Illegal Pregnancy Discrimination in the Workplace, You Are Not Alone

Although reports of pregnancy discrimination in the workplace have declined steadily over the past decade, the disturbing reality is that this type of discrimination still occurs with shocking frequency. According to the ​U.S. Equal Employment Opportunity Commission (EEOC)​, there were 2,753 reported cases of pregnancy discrimination in 2019 alone. And over the past decade, there have been over 50,000 claims of employment discrimination related to pregnancy and childbirth.

A recent study conducted by the ​American Psychological Association (APA), revealed that pregnancy discrimination isn’t only harmful to the mother’s ability to earn an income. In fact, the APA found that this type of discrimination is linked to increased levels of postpartum depression, as well as lower gestational ages and birth weights. In addition to financial ramifications, pregnancy discrimination can negatively impact the health and well-being of both mother and baby.

Employee Rights and Protection Against Pregnancy Discrimination

According to the ​Pregnancy Discrimination Act (PDA)​, any type of pregnancy-based employment discrimination is forbidden. This includes hiring, firing/layoffs, promotions, pay, training, and benefits, such as health insurance or paid-time off. For the purpose of employment, 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 it applies to other employee disabilities, including providing light duty alternatives, or paid/unpaid leave.

Furthermore, the ​Family Medical Leave Act (FMLA)​ and the ​Americans with Disabilities Act (ADA)​ offer additional 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.

What To Do If You Are Being Discriminated Against Because Of Pregnancy or Gender In The Workplace

If you want to prove that an employer has acted in a discriminatory manner, you’re going to need to understand what constitutes discrimination, and gather evidence. Keep a record of any events or statements that may substantiate your claim. For example, a supervisor’s email stating that he/she wishes you had waited until after the merger to have a baby should not be deleted!

If any co-workers were present during the discriminatory behavior, ask if they are willing to make a statement about their observations.

Seek legal counsel. You have rights. At Joseph & Norinsberg LLC, our experienced, compassionate pregnancy discrimination attorneys will fight tirelessly to protect those rights, whether you are facing workplace discrimination related to pregnancy, childbirth, maternity, or gender.

Frequently Asked Questions

What are some examples of pregnancy or maternity discrimination?

  • 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.
  • Failure to provide proper compensation to an employee on maternity leave.
  • Failure 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 that treat pregnant employees less favorably than others.
  • Emails or voice messages indicating pregnancy bias or harassment.
  • An adverse action that occurred shortly after the decision-maker learned of your pregnancy.
  • Neutral policies that disproportionately impact pregnant workers.

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. If you get hired and accept the job, having failed to report such a significant detail may appear dishonest.

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 employee is also covered by ADA, she may be entitled to an extended leave of absence due to a pregnancy-related disability.

Contact Joseph & Norinsberg LLC Today

If you have been a victim of pregnancy or gender-based discrimination in the workplace, the skilled legal team at Joseph & Norinsberg LLC can help. We have been protecting the rights of NY and NJ workers for more than 20 years. Our knowledgeable team of employment lawyers will conduct a thorough analysis of your unique case and position you for the best possible outcome.

Don’t go through this difficult process alone; contact a pregnancy discrimination lawyer and book a free and confidential consultation through our​ ​website​ today.

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We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

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THEODORE ROOSEVELT

No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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Our Successful Case Results

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Reinoso v. New York City Transit Authority

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Code v. City of New York

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Williams v. New York City Transit

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Dominguez v. Moskowitz, M.D.

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Carvalho v. MonteFiore

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Zambrano v. Sound Shore Medical Center

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R. v. City of New York

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Rivera v. 260 W. 135 LLC

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Levans v. Delta Air Lines, Inc

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Jacqueline Winbush v. City of New York

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Minor v. City of New York

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Dortch v. Montefiore Medical Center

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Zomber v. Village of Garden City

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Marshall v. Randall

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S.A. v. City of New York

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