Compassionate Pregnancy Discrimination Lawyer in Rochester, NY
At Cordello Law, I am committed to protecting the rights of pregnant employees and ensuring that they are treated fairly and without discrimination in the workplace. If you have experienced pregnancy discrimination, such as being denied accommodations, facing adverse actions, or being subjected to harassment, I am here to provide you with dedicated legal representation. Together, we will strive to vindicate your rights and secure the justice you deserve.
Pregnancy Discrimination Services Offered at Cordello Law
Important Things You Should Know regarding Pregnancy Discrimination
Pregnancy Discrimination Questions & Answers
Pregnancy discrimination in the workplace occurs when an employer treats a woman unfavorably due to pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. In New York, this can include refusing to hire a pregnant woman, firing or demoting a pregnant employee, denying the same or similar job to a woman when she returns from a pregnancy-related leave, treating a pregnant employee differently in terms of benefits or job assignments, or failing to provide reasonable accommodations to a pregnant employee when requested and necessary.
As a pregnant employee in New York, you have the right to be treated the same as any other employee who is similar in their ability or inability to work. This means you cannot be discriminated against due to your pregnancy or any condition related to it. You have the right to reasonable accommodations that allow you to perform your job duties, such as lighter duties or more frequent breaks. Additionally, you are entitled to take leave for pregnancy and childbirth under the Family and Medical Leave Act (FMLA) if you qualify, and under New York’s Paid Family Leave Act.
In New York, you are entitled to reasonable accommodations that allow you to perform the essential functions of your job during pregnancy. These may include modifications to your work duties, more frequent breaks, time off for prenatal appointments, or adjustments to your work environment. The employer is required to provide these accommodations unless they can prove it would cause undue hardship to their business.
If you’ve experienced pregnancy discrimination, you can seek various forms of damages. Economic damages can include lost wages and benefits, back pay, and job reinstatement. Non-economic damages can cover emotional distress and suffering. In some cases, you may also be awarded punitive damages, which are meant to punish the employer for particularly egregious behavior. Additionally, you can seek attorneys’ fees and court costs.
In New York, you have up to one year from the last act of discrimination to file a complaint with the New York State Division of Human Rights. If you choose to file with the federal Equal Employment Opportunity Commission (EEOC), you have up to 300 days from the last act of discrimination. If you wish to file a lawsuit, the timeframe can vary, and you should consult with an attorney to ensure you meet all deadlines.
In New York State, your employer is required by law to provide reasonable break time for you to express breast milk for up to three years following childbirth. Your employer must also provide a room or other location, in close proximity to your work area, where you can express milk in privacy. This space cannot be a restroom and must be sanitary, well-lit, and have a chair and flat surface. The space should also have an electrical outlet if you are using an electric breast pump. Furthermore, you cannot be discriminated against for choosing to express milk in the workplace.