Pregnancy Discrimination Attorney in NYC

FIghting For Those Who Have Experienced Discrimination Based on Their Pregnancy in New York

Pregnancy discrimination in the workplace is illegal, yet many employees continue to face unfair treatment due to pregnancy, childbirth, or related medical conditions. These discriminatory practices can manifest in various ways, including termination, hiring refusal, or being overlooked for promotions. If you are facing pregnancy discrimination in New York, a knowledgeable attorney can help you fight for your rights.

Call Brown Kwon & Lam today at (212) 295-5828 or contact us online to schedule NYC pregnancy discrimination lawyers.

Examples of Pregnancy Discrimination

Here are some common examples:

• Termination or Refusal to Hire: Employers may wrongfully terminate an employee upon learning of her pregnancy, claiming her condition renders her incapable of performing her duties. Similarly, some employers may refuse to hire a qualified candidate solely because she is pregnant or is planning to start a family in the future.
• Denial of Reasonable Accommodations: Pregnant employees may require certain accommodations, such as lighter duties or more frequent breaks. Employers are needed to provide reasonable accommodations unless doing so would create an undue hardship. Failing to accommodate these needs or forcing a pregnant worker into unpaid leave are forms of discrimination.
• Pay and Promotion Discrimination: Pregnancy should not impact an employee’s opportunities for raises, bonuses, or promotions. However, some employers may withhold financial incentives or bypass a pregnant employee for promotion, believing her condition makes her less committed to her job or unable to fulfill future duties.
• Harassment and Hostile Work Environment: Pregnant employees may experience unwanted comments or offensive behavior related to their condition, creating a hostile work environment. This harassment can include derogatory remarks about pregnancy, frequent inquiries about whether the employee plans to continue working, or jokes about the employee’s ability to handle job responsibilities while pregnant.
• Unequal Treatment Upon Return from Maternity Leave: After maternity leave, some employees may find that their roles have changed, their responsibilities have been diminished, or they are being reassigned to less favorable tasks. These actions, motivated by assumptions about the employee’s capacity to work after giving birth, violate employment laws that protect returning mothers.

What Proof Do I Need in a Pregnancy Discrimination Claim?

Here are some key elements of proof to strengthen your claim:

• Direct Evidence of Discrimination: Direct evidence may include explicit statements from supervisors or colleagues that demonstrate discriminatory intent. For example, an employer may openly admit that a pregnant employee was fired because they believed she would not return after maternity leave. Emails, text messages, or other forms of written communication can also serve as direct evidence.
• Comparative Evidence: Demonstrating that similarly situated non-pregnant employees were treated more favorably is a critical aspect of proving pregnancy discrimination. For example, if a pregnant employee is denied accommodations that other employees with temporary disabilities receive, this discrepancy can serve as evidence. Similarly, showing that non-pregnant employees in the same position were offered promotions or pay raises that the pregnant employee was denied strengthens the claim.
• Pattern of Discriminatory Behavior: A history of discriminatory behavior towards pregnant employees or women in general can bolster a claim. Evidence that an employer has a track record of firing, demoting, or refusing to hire pregnant women can be used to show that the adverse actions taken against you were not isolated incidents, but part of a broader pattern of discrimination.
• Medical Records and Documentation: Pregnancy-related medical conditions can often require time off or modifications to work duties. If an employer denies legitimate medical requests, such as maternity leave or reasonable accommodations, medical records documenting the need for these accommodations are important evidence. Keep copies of doctors’ notes, medical certifications, and any correspondence with the employer regarding your condition and accommodation requests.
• Witness Testimony: Witness testimony from colleagues, supervisors, or human resources personnel can be instrumental in supporting a claim. Co-workers who observed discriminatory comments or actions, or HR staff who were present for meetings where pregnancy-related issues were discussed, can provide valuable testimony. Affidavits or statements from these witnesses can reinforce your case.
• Employer’s Response and Policies: The way your employer responds to your pregnancy and related requests can be telling. Employers are required by law to engage in an interactive process when employees request accommodations. If your employer immediately dismissed your request, failed to explore alternatives, or treated your pregnancy-related needs differently than they would other medical conditions, this could serve as evidence. Additionally, reviewing the company’s policies on maternity leave, accommodations, and employee rights can help show whether they comply with legal standards.

Damages in Pregnancy Discrimination Claims

If you have been subjected to pregnancy discrimination in New York or New York City, you may be awarded damages. These include:

• Back pay
• Compensatory pay
• Punitive damages
• Attorney fees and related court costs

As a working mom or mother-to-be, you have rights, just like anyone else. If your employer is not treating you fairly or is being discriminatory against you, you need to speak out. At Brown Kwon & Lam, we will fight for your rights and those of your family to ensure you are treated fairly and with respect.

Contact Our NYC Pregnancy Discrimination Lawyers Today

If you believe you have been subjected to pregnancy discrimination, contact Brown Kwon & Lam for dedicated legal support. Our pregnancy discrimination attorneys in NYC are committed to fighting for your rights and ensuring that employers are held accountable for their discriminatory actions. Let us help you navigate the legal process and pursue the justice you deserve.

Contact Brown Kwon & Lam today to get started with our pregnancy discrimination attorneys in NYC.