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Your Rights as a Pregnant Woman in New York

Posted by Scott M. Peterson | Mar 27, 2014 | 0 Comments

Congratulations on your pregnancy! We know that finding out you're pregnant was probably one of the most exciting moments of your life, but it's also important to consider how it may affect your job—if it hasn't already. Unfortunately, it is not uncommon for pregnant women to be discriminated against in the workplace, and you need to know your rights and protect them.

Title VII of the Civil Rights Act of 1964 was amended in 1978 to include The Pregnancy Discrimination Act, which prohibits sex discrimination on the basis of pregnancy. This includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. Any discrimination of this sort constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. The law also applies to employment agencies, labor organizations, and the federal government.

Some pregnant women are also protected by the Family Medical Leave Act (FMLA). The FMLA entitles eligible employees of covered employers to take unpaid, job-protected maternity leave for up to 12 weeks with continuation of group health insurance coverage under the same terms and conditions as if the woman had not taken the leave. In general, to be eligible a woman must have worked for an employer for at least 12 months, meet the hours of service requirement in the 12 months preceding the leave, and work at a site with at least 50 employees within 75 miles.

It is important that you are treated fairly during your pregnancy. If you suspect that you are being discriminated against, contact D'Orazio Peterson immediately for a free consultation.

Why do you think employers so frequently discriminate against their pregnant employees? Share your thoughts in the comments section below!

About the Author

Scott M. Peterson

Scott M. Peterson is the founding partner of D'Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters. Scott's favorite part of practicing law is getting in front of a jury and standing up for an individual against a large company or institution.

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