WHAT IS PREGNANCY DISCRIMINATION?
In the workplace, pregnancy discrimination involves treating a woman (whether a job applicant or an employee) unfavorably because she is pregnant or is perceived to be pregnant, because she has given birth, or because she has a medical condition related to pregnancy or childbirth. Pregnancy discrimination is unlawful but, unfortunately, some employers have not gotten the message.
The law requires employers to permit women to take maternity leave without retribution and welcome women back to work following childbirth and maternity leave. The law also requires employers to provide women with the same opportunities as working fathers or employees without children, and prohibits employers from treating a woman differently on account of discriminatory stereotypes about working mothers (for example, the discriminatory perception that women who have children will not want to work as hard as working fathers or employees without children).
Unlawful discrimination can come in a variety of forms, including, but not limited to:
- A failure to hire
- Denying a woman the right to take maternity leave
- Refusing to accommodate a new mother’s need to express breast milk for a newborn child
- Compensation reduction
- Demotion
- Unfavorable transfer
- Change in career trajectory
- Failure to promote
- Increased scrutiny and
- Termination
Unlawful discrimination also can include inappropriate comments regarding pregnancy, pregnant women or working mothers (for example, saying that pregnant women are particularly emotional or irrational and/or that a new mother will not want to return to work). If you believe that you are experiencing pregnancy discrimination, we recommend you speak with an attorney who can advise you of your rights. Wigdor LLP has represented several high-profile pregnancy discrimination cases against companies big and small.
WHAT TOOLS DO INDIVIDUALS HAVE TO FIGHT AGAINST PREGNANCY DISCRIMINATION?
Pregnancy discrimination is a form of gender discrimination, and there are various federal, state and local laws that prohibit pregnancy discrimination.
The federal Pregnancy Discrimination Act (PDA), as well as similar state and local laws, forbids discrimination based on pregnancy in any aspect of employment, including promotions, job assignments, pay, bonuses, hiring, layoff, termination, training, benefits (including leave and health insurance), and any other employment condition or term. In other words, it is against federal law to treat an employee differently because she is pregnant, has recently given birth, or is suffering from a medical condition as a result of being pregnant or having given birth. New York State and City, as well as many other state and local jurisdictions, have similar laws that prohibit pregnancy discrimination.
There are also governing laws regarding specific aspects of pregnancy. For example, the Family and Medical Leave Act (FMLA) gives many new parents the right to at least 12 weeks of unpaid leave from their employer. This can be paid or unpaid depending on the employer and the state in which the employee works. This also applies to foster and adoptive parents as well. As another example, under the Patient Protection and Affordable Care Act (PPACA), many employers must give employees adequate time to express breast milk after they return to work following childbirth. Employers are also required to provide a place for women to express that is private and free from intrusion by other coworkers. New York’s Breastfeeding in the Workplace Accommodation Law provides similar protections and guarantees a woman’s right to pump or feed at work for up to three years after giving birth. Although Title VII does not explicitly prohibit discrimination based on lactation or breast-pumping, the Equal Employment Opportunity Commission (EEOC) has asserted its opinion that discrimination based on lactation constitutes sex discrimination.
In addition, the Americans with Disabilities Act (as well as state and local laws, such as the New York State and New York City Human Rights Laws) may also cover certain impairments and temporary disabilities resulting from pregnancy. For example, women suffering from gestational diabetes, sciatica and many other pregnancy-related complications can be protected by the ADA or similar state and local laws. Many women are also permitted to collect additional disability benefits under the New York Workers Compensation Law if they suffer complications relating to their pregnancy or childbirth.
Few law firms have the experience of Wigdor LLP in representing women who have suffered from pregnancy discrimination. If you believe that you are the victim of pregnancy discrimination, you should speak with an attorney who can advise you of your rights.
PREGNANCY DISCRIMINATION IN THE MEDIA
At Wigdor LLP, we specialize in representing women in all fields (from those who work in manual-labor intensive jobs at small companies to executives at huge corporations) who have suffered from pregnancy discrimination. Many of these cases are resolved privately and confidentially, but Wigdor LLP also is always willing and able to bring lawsuits on behalf of victims of pregnancy discrimination. These cases have garnered significant attention from the media and the public at large, and many of Wigdor LLP’s largest settlements and verdicts have come from pregnancy discrimination cases.
