Pregnancy should be a time of preparation and optimism, not concern for job stability or workplace behavior. Unfortunately, many working professionals continue to experience unjust treatment, making it critical to engage a pregnancy discrimination lawyer in Manhattan. As the lawyers possess a strong understanding of the employment laws, they will ensure your professional future is protected and respected.
If you are experiencing workplace changes or facing direct discrimination, legal support can make a significant difference in how your case is handled and resolved. Through this blog, we will understand what the law has to say about it and the common signs that you need to keep a check on.
What Does the Law Have to Say About Pregnancy Discrimination?
Federal, state, and city laws clearly protect employees from pregnancy-based discrimination. These laws apply to hiring, promotions, pay, job assignments, benefits, and termination.
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act is a federal law that protects employees from unfair treatment due to pregnancy, childbirth, or related medical conditions. Under this law, employers are prohibited from making employment decisions based on pregnancy, such as refusing to hire, denying promotions, reducing pay, or terminating an employee.
The PDA also requires employers to treat pregnant employees the same as other workers who have temporary medical conditions, including providing equal benefits, job modifications, and workplace accommodations when needed.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act gives eligible employees the right to take up to 12 weeks of unpaid leave to bond with a newborn, recover from childbirth, and care for a newborn. This law is significant because it gives employees the right to take leave without fear of losing their jobs.
After the employee has taken the leave, the employer is supposed to return the employee to the same position or a similar position with the same benefits and salary. The FMLA also shields employees from retaliation.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act may apply in situations where a pregnancy-related medical condition substantially limits the employee’s ability. Conditions that may fall under the Americans with Disabilities Act include gestational diabetes, preeclampsia, or serious pregnancy-related conditions.
In these situations, employers are obligated to provide reasonable accommodations, such as changes to job duties, flexible work schedules, or temporary work modifications. The ADA also prohibits employers from discriminating against employees because of these pregnancy-related medical conditions.
Common Signs of Pregnancy Discrimination
Pregnancy discrimination does not always appear in obvious ways. In many cases, it begins subtly and gradually worsens over time. By recognizing the signs early, you can help protect your career. Here we have discussed a few:
Subtle Changes in Workplace Treatment
Pregnancy discrimination often starts quietly. After disclosing a pregnancy, an employee may notice changes in how they are treated, even if no direct comments are made. These early signs should not be ignored, as they may worsen over time.
Exclusion From Meetings and Projects
Being excluded from meetings, projects, or decision-making that were part of your responsibilities before is a common sign of discrimination. The employer may cut your responsibilities or transfer duties without explanation.
Being Passed Over for Promotions or Raises
Pregnant workers may be passed over for promotions or raises even when they have been performing well. This is often due to discriminatory beliefs about commitment, availability, and future plans after maternity leave.
Increased Scrutiny Without Justification
Unjustified scrutiny of your performance, attendance, or productivity is a sign of discrimination. Being subjected to unjustified criticism or constant supervision may be a tactic to build a negative file against a pregnant worker.
Pressure to Take Unpaid Leave
Some employers attempt to push pregnant employees into unpaid leave even when they are capable of working. This practice can be unlawful, especially when reasonable accommodations are available.
Denial of Reasonable Accommodations
Refusing basic accommodations, such as modified duties or adjusted schedules, may be a form of pregnancy discrimination. Employers are often legally required to provide such support.
Termination After Pregnancy Disclosure
In serious cases, employees may be fired shortly after announcing their pregnancy. Any negative employment action taken because of pregnancy may violate discrimination laws.
How Can Lawyers in Manhattan Protect Your Career?
A pregnancy discrimination lawyer in Manhattan offers legal advice and assistance throughout the process. Here is how it is done:
The process begins with an evaluation of your case to determine if your rights have been violated. This involves an examination of policies at work, your work record, and communication with your employer.
An attorney assists in proving discrimination by gathering evidence such as emails, performance reviews, and testimony. This is essential in proving your case and ensuring your credibility.
If appropriate, your lawyer can communicate directly with your employer on your behalf. This often helps resolve disputes without escalating the matter further. Employers may be more willing to correct their actions once they understand the legal risks involved.
When informal resolution is not possible, a lawyer can file formal complaints with government agencies or pursue legal action in court. Throughout the process, they advocate for fair treatment, job security, compensation for lost wages, and policy changes that prevent future discrimination.
Importantly, an attorney will assist in safeguarding your career by ensuring that your employer does not retaliate against you for standing up for your rights. This is illegal, and a good attorney will know how to handle it.
Contact Cohen and Fitch LLP to Safeguard Your Career
Pregnancy should be the beginning of a new phase in your life, not an obstacle in your career. Do you believe you faced discrimination at your Manhattan workplace? If yes, then taking legal action can protect your professional future and ensure that you are financially stable.
At Cohen and Fitch LLP, our pregnancy discrimination lawyer in Manhattan is committed to standing up for employees who deserve fair treatment in the workplace. We have an experienced team that works diligently to protect your reputation, careers, and rights.
By focusing on employment law and a client-centred approach, we provide guidance and advocacy to those who face discrimination in the workplace. Contact us today to safeguard your career and ensure that your rights are fully protected.
