Have You Experienced Pregnancy Discrimination at Work?
Learning that you are expecting a new baby should be a joyous time in your life. However, some companies discriminate against pregnant women. For example, they reduce their workloads, pass them over for promotions, harass them, fire them, or eliminate their positions based on the false assumption that they do not intend to return to work, or will not work as hard after their baby is born. Fortunately, pregnancy discrimination is illegal in both New Jersey and New York.
Pregnancy Discrimination is a Form of Gender Discrimination
Pregnancy discrimination is a form of illegal gender discrimination. If you have been treated worse after you announced your pregnancy or when you attempted to return to work from a maternity leave, your employment law rights may have been violated. Contact an experienced employment law attorney at The Nirenberg Law Firm for more information about your legal rights.
Maternity Leaves and Pregnancy-Related Disability Leaves
Employees who are covered by the Family & Medical Leave Act ("FMLA") are entitled to take up to 12 weeks off per year for pregnancy-related disabilities, the birth of their child, and to care for a newborn child. In some circumstances, the New Jersey Family Leave Act (FLA) may entitle a parent to take additional time off to care for a newborn child. The FMLA and FLA ordinarily require employers to return employees to their previous position or an equivalent one at the end of their maternity or paternity leave.
Reasonable Accommodations For Pregnancy-Related Disabilities
Although pregnancy itself is not a disability, many women experience temporary pregnancy-related disabilities such as gestational diabetes, preeclampsia, and eclampsia while they are pregnant, or postpartum depression after they give birth. Like other disabilities, you might be entitled to a reasonable accommodation for a disability caused by your pregnancy. For example, your employer might be required to limit how much you stand, lift, or walk, or provide you time off from work so you can get bed rest.