Advocating For Your Rights After Discrimination In The Workplace
At a job interview or during your employment, employers are not allowed to ask if you are pregnant or plan 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. Your employer may not 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 and illegal bias by their employers
Legal Advocates Helping You Understand Your Rights
At Kessler Matura P.C. , our attorneys can help you understand your rights and your employer’s responsibilities regarding these issues. We assist those on Long Island, the greater New York City metro area and nationally.
Many of our attorneys and staff are parents and we understand the importance of caring for your children while still retaining your employment. If you think you are a victim of pregnancy discrimination, we can help.
Ensuring Employer Compliance With The Family Medical Leave Act
The Family Medical Leave Act or FMLA allows 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. Under the New York Paid Family Leave, New York workers are entitled to up to 12 weeks of job protected, paid time off. Women commonly take maternity leave around or after their due date.
Unfortunately, it is common 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 off 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
- Not providing a safe environment for breastfeeding
If you or a member of your family faces any of these issues, our lawyers can help. We will explain your rights and what you can expect from your employer and help you resolve the issue.
Discuss Your Case With Our Firm Today
Se habla español.