Pregnancy discrimination and disability discrimination are forms of workplace discrimination that target individuals based on their pregnancy status or disability, respectively. Here's a closer look at each:
Pregnancy discrimination occurs when an employer treats an employee unfavorably because of pregnancy, childbirth, or a related medical condition. This discrimination can take various forms, including:
• Failure to Hire: Refusing to hire a qualified applicant because she is pregnant or may become pregnant in the future.
• Adverse Actions: Taking adverse actions against an employee, such as demotion, termination, or denial of benefits, because of her pregnancy status.
• Lack of Accommodation: Failing to provide reasonable accommodations to pregnant employees, such as modified duties, light-duty assignments, or additional breaks.
• Harassment: Subjecting a pregnant employee to harassment, including offensive comments, jokes, or derogatory remarks about her pregnancy.
Disability discrimination occurs when an employer treats an employee unfavorably because of a physical or mental impairment that substantially limits one or more major life activities. In the context of pregnancy, certain pregnancy-related conditions may constitute disabilities under the law. Examples of disability discrimination include:
• Failure to Accommodate: Refusing to provide reasonable accommodations to employees with disabilities, including pregnancy-related disabilities, such as gestational diabetes or pregnancy-induced hypertension.
• Adverse Actions: Taking adverse actions against an employee, such as termination or demotion, because of her pregnancy-related disability.
• Denial of Benefits: Denying benefits or opportunities for advancement to employees with disabilities, including pregnancy-related disabilities.
• Hostile Work Environment: Creating a hostile work environment through harassment or discriminatory behavior based on an employee's disability.
Both pregnancy and disability discrimination are prohibited under various federal and state laws, including the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), New Jersey’s Law Against Discrimination (LAD), and New York City Human Rights Act (NYHRA). These laws provide protections and rights to pregnant employees and individuals with disabilities, requiring employers to make reasonable accommodations and refrain from discriminatory practices.
It is illegal for employers to discriminate or retaliate against any woman based on pregnancy, perceived pregnancy or childbirth. When employers take adverse actions against women due to their pregnancy or childbirth, these actions may constitute violations of federal or state law. Adverse employment actions come in many forms such as when employers fail to hire, accommodate, promote, provide benefits, or even terminate or demote employees due to their pregnancy status.
In the New York and New Jersey region, the following state and federal laws provide protections and rights to pregnant employees:
• Pregnancy Discrimination Act (PDA)
• Americans with Disabilities Act (ADA)
• New Jersey’s Law Against Discrimination (LAD)
• New York City Human Rights Act (NYHRA)
Additionally, complicated and high risk pregnancies that constitute disabilities are protected by provisions of the Family Medical Leave Act (FMLA), as well as some of the above named statutes. In most instances, the employer will be required to “engage in the interactive process” with the employee in order to determine “reasonable accommodation” of an employee’s handicap, if it is feasible.
Our New Jersey and New York pregnancy discrimination lawyers concentrate in protecting your rights and litigating these claims. If you have been unfairly treated in the workplace due to your pregnancy or childbirth, please call us at (973) 509-8500 to schedule a consultation.
No, employers are generally prohibited from asking applicants about their pregnancy status or disabilities during the hiring process. Questions related to pregnancy or disability are considered discriminatory and irrelevant to job qualifications. Employers can only inquire about an applicant's ability to perform essential job functions with or without reasonable accommodation.
If you experience retaliation, such as demotion, termination, or harassment, after requesting accommodations for pregnancy or disability, it's crucial to document the incidents and report them to HR or management immediately. Retaliation for exercising your rights under discrimination laws is illegal, and you may have grounds for legal action against your employer.
No, employers cannot legally refuse to hire you solely because you are pregnant or have a disability, provided you are able to perform the essential functions of the job with or without reasonable accommodation. Discrimination based on pregnancy or disability violates federal and state anti-discrimination laws, including the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA).
Employers are required to provide reasonable accommodations to pregnant employees and individuals with disabilities, as long as these accommodations do not impose an undue hardship on the employer. Reasonable accommodations may include modified work duties, flexible schedules, or adjustments to workplace policies or equipment. Employers must engage in an interactive process with the employee to determine appropriate accommodations on a case-by-case basis.
Yes, you can file a discrimination claim against your employer if they fail to address or prevent discrimination by coworkers. Employers have a legal obligation to maintain a workplace free from discrimination and harassment based on protected characteristics, including pregnancy and disability. If your employer is aware of discriminatory behavior by coworkers and fails to take appropriate action, they may be held liable for allowing a hostile work environment to persist.
The time limit, or statute of limitations, for filing a discrimination claim varies depending on the jurisdiction and the specific laws applicable to the case. In general, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) or state agency within 180 to 300 days from the date of the discriminatory action. It's essential to consult with an experienced employment discrimination lawyer promptly to ensure compliance with filing deadlines.
Yes, in addition to back pay, reinstatement, and other remedies, you may be entitled to damages for emotional distress and punitive damages in a pregnancy or disability discrimination lawsuit. Emotional distress damages compensate you for the psychological harm caused by the discrimination, while punitive damages are intended to punish the employer for their egregious conduct and deter future discrimination.
