Having a Family Is Not an Excuse for an Illegal Bias
At job interviews or during your employment, employers are not allowed to ask if you are pregnant or are planning to become pregnant. An employer may not limit your available benefits because you might get pregnant. An employer may not punish you for taking maternity leave by failing to give you an earned promotion, nor may your employer fire or lay you off because of your pregnancy. That is wrongful termination. Regardless of the laws in place, many women still face pregnancy discrimination issues. Our New York attorneys can help you understand your rights and your employer's responsibilities regarding these issues.
Many of the attorneys and staff at Shulman Kessler are parents, and we understand the importance of caring for your children while still retaining your employment. If you are concerned that you are a victim of pregnancy discrimination, we can help.
Long Island and New York City Attorneys Resolving Family Medical Leave Act (FMLA) Issues
The FMLA allows for anyone with a medical condition or who needs to care for a family member to take up to 12 weeks of unpaid leave within a 12-month period without the threat of losing his or her job. Women commonly take maternity leave around or after their due date. Unfortunately, it is not uncommon for the FMLA and other laws to be violated by employers in a variety of ways, including:
- Not hiring a woman who is pregnant but is a qualified candidate
- Changing a woman's duties or job description as soon as she informs her employer she is pregnant, even though she will be capable of performing her original job for several months to come
- Firing or laying a woman off shortly after she informs her employer she is pregnant, even though she will be able to work for several months
- Treating pregnant employees differently than other employees who have temporary disabilities
- Disciplining pregnant women who take time off from work for prenatal care when other employees are not disciplined for taking time for ongoing medical treatment
- Passing a woman over for promotion, salary increases or other benefits after her return from maternity leave
- Firing or laying off a woman who has child care issues
If you or a member of your family faces any of these issues, our lawyers can help. We will tell you your rights, explain what you can expect from your employer and help you resolve the issue.
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