Was I fired because I’m pregnant, and do I have the right to sue?
At Mizrahi Kroub LLP, we understand the difficulties and unfair treatment pregnant employees can face at work. Let’s break down your rights, the protections against pregnancy discrimination, and what steps to take if you believe you’ve been wrongfully terminated.
Understanding Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats an employee unfairly due to their pregnancy, childbirth, or a related medical condition. Under federal law, the Pregnancy Discrimination Act (PDA) prohibits employers from discriminating based on pregnancy, and New York’s state laws offer additional protections. Any adverse action against a pregnant employee—such as firing, demotion, or withholding benefits—could be grounds for a discrimination claim if the treatment is related to pregnancy.
Imagine you notified your employer of your pregnancy, and shortly after, you noticed a shift in how you were treated—fewer hours, a demotion, or increased negative feedback that others in your position didn’t receive. These actions could indicate discrimination if there’s a connection between your pregnancy and the treatment.
Legal Protections Against Pregnancy Discrimination
Both federal and New York laws provide protections for pregnant employees:
Federal Protections: Under the Pregnancy Discrimination Act (PDA), employers cannot discriminate in hiring, firing, or promotion based on pregnancy. Additionally, the Americans with Disabilities Act (ADA) requires reasonable accommodations for pregnancy-related medical conditions.
New York State Protections: The New York State Human Rights Law prohibits pregnancy discrimination and requires employers to provide reasonable accommodations for pregnancy and related conditions, like adjustments to workload or modified duties. New York’s law also mandates job reinstatement and benefits continuation for pregnant employees.
Can You Sue for Being Fired Due to Pregnancy?
If you believe your pregnancy played a role in your termination, you may have a valid claim for pregnancy discrimination. Consulting with an experienced Employment Law attorney at Mizrahi Kroub LLP can help you understand the strength of your case and your legal options.
Steps to Take If You Were Fired for Being Pregnant
Document Everything: Keep records of any comments, actions, or treatment that seemed to change after you disclosed your pregnancy.
Speak with an Employment Law Attorney: Meet with our team at Mizrahi Kroub LLP to discuss your situation and determine the best legal strategy for moving forward.
File a Discrimination Charge: With our assistance, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights if a lawsuit is the right step.
Your Rights as a Pregnant Employee in New York
In New York, pregnant employees have the right to:
- Reasonable Accommodations: This includes modifying duties or providing extra breaks as needed for pregnancy-related conditions.
- Protection from Retaliation: Employers cannot legally retaliate against you for asserting your rights.
- Continued Health Insurance and Benefits: During maternity leave, health benefits must continue without interruption.
- Job Reinstatement: Your position or an equivalent role must be available to you following maternity leave.
Contact Mizrahi Kroub LLP to Speak with a New York Pregnancy Discrimination Lawyer
If you think you were fired because of your pregnancy, or if you’re dealing with other forms of pregnancy-related discrimination, reach out to Mizrahi Kroub LLP. Our experienced Employment Law attorneys are dedicated to supporting you, safeguarding your rights, and helping you seek justice.
