The Pregnancy Discrimination Act provides important protections for employees who want to continue working during their pregnancy and for those who require leaves of absence to address pregnancy-related illnesses or disabilities.
The key word is discrimination. Whatever rules or policies the employer puts in place for employees who cannot work due to an illness or temporarily disability must apply in the same way to employees who cannot work due to a pregnancy-related condition.
Mandatory Pregnancy Leaves Are Prohibited
The Pregnancy Discrimination Act prohibits an employer from forcing an employee to take a leave of absence because she is pregnant, or requiring an employee to remain on leave for a period of time after giving birth. A pregnant employee who is able to perform her job cannot be forced to take a leave of absence. Pregnant employees must be treated like any other employee who is able to do their job.
In addition, if an employee is absent from work due to a pregnancy-related medical condition, and then recovers, she cannot be forced to remain on leave until childbirth. The pregnant employee who has a temporary illness or disability must be treated the same as any other employee with a temporary illness or disability.
Pregnancy Leaves Must Be Granted on the Same Terms as Any Other Medical Leave
Employers may not impose special rules or restrictions on medical leaves related to pregnancy.
The same rules that apply to leaves of absence to address medical conditions must apply to leaves related to pregnancy. For example, an employer may not fire a pregnant employee for absences if the absences are covered by the employer’s sick leave rules. An employer may not require a pregnant employee to exhaust her sick leave before using vacation or personal days, if the employer allows other employees to use vacation or personal days to take time off for medical reasons.
Employers may not limit pregnancy-related leaves to a shorter duration than other types of medical or short-term disability leaves. If the employer allows employees to take a leave of absence without pay because of a temporary disability, then the employer must also allow the same type and duration of unpaid leaves for employees who are temporarily disabled due to pregnancy.
Returning to Work After a Pregnancy Leave of Absence
An employer must also hold open a job for a pregnancy-related absence for the same length of time that jobs are held open for employees on sick or temporary disability leave. If the pregnant employee used leave under the Family and Medical Leave Act (FMLA), then the employer must restore the employee to her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
Pregnant employees may have additional protections under the Americans with Disabilities Act (ADA), including the right to accommodations so they can continue working.
If you believe that you have been discriminated against because you are pregnant, you should consult with an experienced pregnancy discrimination lawyer to protect your rights. You must act quickly because there are strict time limits and procedural requirements for filing a pregnancy discrimination claim.
To schedule a free and confidential consultation, call John Howley, Esq. at (212) 601-2728.
The civil rights laws protect you from illegal discrimination, harassment, and retaliation at work. One of these laws, the Pregnancy Discrimination Act of 1978 (PDA), specifically prohibits discrimination against employees because they are pregnant, intend to become pregnant, or have a pregnancy-related illness or disability.
Pregnancy Discrimination is Against the Law
An employer may not refuse to hire you, refuse to promote you, fire you, or take any other adverse action against you just because of your pregnancy. Your employer may not use your pregnancy to demote you, force you to take a leave of absence, or decrease your hours.
Your employer cannot change you job responsibilities because of your pregnancy, even if your employer believes that the change would be in your best interest. For example, your employer may not exclude you from working in a warehouse, a laboratory, or around chemicals out of concern for your health. Only you and your doctor can decide whether you should continue working in those environments.
Accommodations for Pregnant Employees
The Pregnancy Discrimination Act requires employers to accommodate pregnant women as they would any employee who is temporarily disabled. This means that a pregnant woman is entitled to be treated the same as any other employee who has a short-term disability. For example, if a man who cannot lift heavy objects due to a temporary back injury is allowed to continue working on light duty, then a pregnant woman who cannot lift heavy objects during her pregnancy is also entitled to continue working on light duty.
If you have a pregnancy-related illness or disability, you may also have rights under the Americans with Disabilities Act (ADA).
Returning to Work After a Pregnancy
Your legal protections continue after you give birth. Under the Family and Medical Leave Act (FMLA), you and your spouse are entitled to up to 12 weeks of unpaid leave to care for yourself and your child. And, once you return to work after a pregnancy, your employer must restore you to the same position or a similar one.
That said, you are not required to stay out of work for any period of time after you give birth. You are entitled to decide for yourself when you are ready to return to work.
Finding a Pregnancy Discrimination Lawyer in New York
If you have been fired or otherwise discriminated against at work because of a pregnancy, then you should consult with a pregnancy discrimination lawyer promptly to protect your rights. Do not delay. There are strict time limits and procedural requirements to assert your claims.
To schedule a free and confidential consultation with an experienced pregnancy discrimination lawyer in New York, call John Howley, Esq. at (212) 601-2728.
The federal government receives about 6,000 complaints of pregnancy discrimination every year. In addition, a large number of pregnancy discrimination cases are settled by private lawyers before any formal complaints are filed.
Some obvious examples of pregnancy discrimination in the workplace are: A woman is fired shortly after her boss learns that she is pregnant; or an employer refuses to hire a pregnant woman who is obviously qualified for the position.
The Pregnancy Discrimination Act, however, prohibits all forms of pregnancy discrimination, including discrimination in job assignments, work schedules, break time, compensation, promotions, leaves of absence, and health insurance. Employers may not discriminate against employees in any of these terms and conditions of employment based on their current pregnancy, past pregnancy, or potential pregnancy.
You may also be protected by the Americans with Disabilities Act. While a normal pregnancy is not considered a disability, some pregnancy-related medical conditions such as gestational diabetes and preeclampsia may be. Absent undue hardship, an employer must provide a reasonable accommodation to enable you to continue working with these conditions, such as modifications in work assignments, locations or schedules.
Proving pregnancy discrimination usually comes down to four facts.
The first fact is timing. Changes in your employment shortly after your boss learns that you are pregnant or plan to become pregnant raises an inference that the change was caused by your pregnancy.
The second fact is unequal treatment. For example, if men with temporary disabilities that prevent them from lifting heavy objects are given light duty, but women who cannot lift heavy objects temporarily because of their pregnancy are denied light duty, there is an inference of pregnancy discrimination.
The third fact is statements by your employer. Obviously, if you have a statement from your employer that you are being denied a promotion because you are pregnant, that is very good evidence of pregnancy discrimination. Other pregnancy-related comments may also be considered evidence that your employer acted because of your pregnancy and not some other reason.
The fourth fact is your job performance before the adverse employment action was taken. Employers often try to explain away pregnancy discrimination by pointing to an employee’s job performance or attendance record as the reason for an adverse employment action. If you have consistently received excellent performance evaluations, you should get copies of those evaluations and keep them at home. They may be important evidence if the employer tries to blame your performance or attendance as the reason for an adverse employment action.
The Pregnancy Discrimination Act and the Americans with Disabilities Act provide strong protections against pregnancy discrimination. But you must act promptly if you believe that your rights have been violated. Both statutes have strict limits on how and when you can bring your claim.
To schedule a free and confidential consultation with an experienced pregnancy discrimination lawyer, call John Howley, Esq. at (212) 601-2728.
Government Alleged Female Director Was Paid Less Than Male Counterparts in Violation of the Equal Pay Act and Title VII
Two logistics and warehouse companies have agreed to pay $45,000 to settle claims that they paid a female director less than her male counterparts.
According to the EEOC, a female director of intermodal operations for the companies was paid less than three male directors. The woman learned that she was being paid less than the men when she came across a pay stub of a male counterpart after he was fired and she took over his position.
The Equal Pay Act prohibits companies from paying women less than men for work requiring equal skill, effort and responsibility that is performed under the same or similar working conditions. Pay discrimination also violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex.
The $45,000 settlement will be paid to the victim to compensate her for the discriminatory pay differential. The companies also agreed to provide anti-discrimination training and post an equal employment opportunity notice at the workplace.
If you have been discriminated against in terms of compensation, promotions, or job assignments, you should consult with an experienced employment lawyer to protect your rights. You may be entitled to compensation for back pay, future pay and other damages.
To schedule a free and confidential consultation, call John Howey, Esq. at (212) 601-2728.
Government Charges that Gay and Lesbian Employees Were Subjected to Hostile Work Environments Because of Their Sexual Orientation
The U.S. Equal Employment Opportunity Commission (EEOC) has filed two lawsuits alleging that gay and lesbian employees were subjected to sexual harassment and a hostile work environment. These are the first sexual orientation discrimination lawsuits brought by the government under Title VII of the Civil Rights Act.
In one lawsuit against Scott Medical Health Center, the EEOC alleges that a gay male employee was subjected to a hostile work environment because of his sexual orientation. The complaint alleges that the employee’s manager referred to him using anti-gay epithets and made other highly offensive comments about his sexuality and sex life. The company allegedly failed to take any action after the employee complained. Ultimately, the employee quit to avoid further harassment.
In the other lawsuit against IFCO Systems, the EEOC alleges that a lesbian employee was subjected to a hostile work environment because of her sexual orientation. Her supervisor allegedly made comments about her appearance and sexual orientation, such as "I want to turn you back into a woman" and "You would look good in a dress." The employee was fired shortly after she called an employee hotline to complain.
Title VII of the Civil Rights Act prohibits harassment in the workplace based on a person’s sex. Until now, the government has only pursued lawsuits for harassment based on an employee’s gender. It has not pursued discrimination or sexual harassment lawsuits based on an employee’s sexual orientation.
Last year, however, the EEOC determined that sexual orientation discrimination is, by its very nature, discrimination based on sex. That was an administrative proceeding involving a government employee. The new lawsuits have been filed in courts against private employers.
The EEOC explained three rationales for finding that sexual orientation discrimination constitutes sex discrimination under Title VII. First, sexual orientation discrimination is necessarily based on an employee’s sex, because sexual orientation as a concept cannot be understood without reference to sex. Second, sexual orientation discrimination is based on the employee’s perceived non-compliance with sex stereotypes and gender norms, and employment decisions based on such stereotypes and norms have long been prohibited under Title VII. Third, sexual orientation discrimination punishes workers because of their close personal association with members of a particular sex, such as marital and other personal relationships.
The new lawsuits are significant because the EEOC is challenging the conduct of private employers in court. The EEOC hopes that by bringing these lawsuits, courts will recognize that sexual orientation discrimination is a form of sex discrimination.
If you have faced harassment in the workplace because of your sex, sexual orientation or gender identity, you should consult with an experienced employment lawyer to understand and protect your rights. To schedule a free and confidential consultation, call John Howley, Esq. at (212) 601-2728.
Answers to Frequently Asked Questions About Sexual Harassment in the Workplace
What is the definition of sexual harassment?
Sexual harassment includes unwelcome sexual comments, advances, requests for sexual favors, and verbal or physical harassment of a sexual nature, including text messages, emails and the displaying of sexual images in the workplace. Sexual harassment generally falls into one of two categories:
What types of sexual harassment are illegal?
Illegal sexual harassment includes a wide range of conduct from sexual comments, to lewd jokes, to unwanted physical contact. Some examples of sexual harassment include:
How should I respond to sexual harassment?
First, do not blame yourself. Sexual harassment is never the victim's fault. Understand that you have rights and options. Tell the harasser to stop, and report the conduct to your employer in writing. Your employer must investigate and take remedial action. Your employer is not allowed to fire, transfer, or otherwise retaliate against you for reporting sexual harassment.
Write down notes and make a record of what happened. This can be as simple as going home, writing down what happened complete with names, places, dates and times, and telling a close family member or friend. Continue to make notes if the conduct continues. Keep those notes at home, not in your office or on your work computer.
You should also meet with an experienced sexual harassment lawyer to learn how to protect your rights. Do this right away because there are strict deadlines if you want to file a claim. You can schedule a free and confidential consultation by calling John Howley, Esq. at (212) 601-2728.
How do I prove sexual harassment?
There are a number of ways to prove sexual harassment. The evidence begins with what you saw and heard, and the testimony of any other witnesses. Written records are also helpful, such as any notes you made at the time of the harassment, any written complaints to your employer, and emails or text messages from the harasser.
You may also use a smartphone to make audio or video recordings of the harassing conduct. In New York and many other states, you are permitted to record your conversations with other people without telling them that they are being recorded. But you are not permitted to leave a recording device in a room or attached to a phone and leave. You must be a participant in the conversation in order to record it. Consult with an experienced sexual harassment lawyer to get advice on how to gather evidence to support your case.
Where can I obtain more information about sexual harassment in the workplace?
Call John Howley, Esq. at (212) 601-2728 to schedule a free and confidential consultation.
Sexual harassment can take many forms. It includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal harassment of a sexual nature. Sexual harassment also includes offensive remarks about a person’s sex.
Sexual harassment is against the law when it is so severe or frequent that it creates a hostile or offensive work environment. Sexual harassment is also illegal when it results in an adverse employment action such as an employee being demoted, fired, denied training or denied promotion.
The two categories of sexual harassment in the workplace are:
Quid Pro Quo Harassment occurs when the employee feels compelled to tolerate sexual harassment in order to keep his or her job or to get a raise or promotion.
Hostile Work Environment Harassment occurs when the conduct unreasonably alters or interferes with the employee's work performance, or creates an abusive, hostile or offensive work environment.
The laws that protect against sexual harassment apply regardless of gender or sexual orientation. The harasser and the victim can be either a woman or a man. The harasser and the victim can be the same gender.
The harasser may be an owner, executive, manager, supervisor, or even a co–worker. In fact, the harasser does not have to be employed by the employer. Under some circumstances, you may have a claim against your employer for sexual harassment by their customer or client.
If you have experienced sexual harassment in the workplace, then you should consult with an experienced employment lawyer immediately to protect your rights. Your lawyer can help you file a claim, prepare your evidence, and protect you from unlawful retaliation.
Do not delay. The time limits to file a sexual harassment claim are very short.
To schedule a free and confidential consultation, call John Howley, Esq. at (212) 601-2728.
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