Empowering professional women through reproductive stages. Addressing work-life challenges, protections, and guidance.
5 ways to be discriminated against based on pregnancy
There are at least five principle ways that you can be discriminated against at work based on your pregnancy.
Pregnancy Discrimination Act Turns 40
This week’s the 40th anniversary of the Pregnancy Discrimination Act - the 1978 federal law designed and enacted to protect women who become pregnant while working, from being fired while pregnant and working.
Can 1099ers File Discrimination Claims in New York?
As of July 2018, if you work anywhere in New York State, outside of New York City and the remaining 28 counties and you are subjected to sexual harassment, a hostile work environment, or unwelcome sexual attention, you can hold your employer accountable.
Your Rosa Parks Moment
If you're going to have your Rosa Parks moment, make it count. Make sure you document, document, document the complaint, and all follow up to the boss, to the HR department. Whatever happens, put it in writing. Hold their feet to the fire. Stand up for yourself. The Rosa Parks moment, Circa 2018 in the workplace.
Every case has a Statute of Limitations
Every case has a statute of limitations - the date by which it must be filed, or the chances are lost forever. In discrimination cases, sexual harassment, pregnancy discrimination, retaliation, any kind of employment law case, a charge of discrimination must be filed with the United States Equal Employment Opportunity Commission before you're allowed to file in court, and that charge of discrimination must be filed, within either 180 days of the last discriminatory act or 300 days of the last discriminatory act, depending on the state where you work. So for instance, in New York, that federal filing date with EEOC is 300 days from, if you were fired, that is likely the last discriminatory act.
Happy July 4th! Paid Maternity Leave Finally a Reality in NY!
Here’s one thing all pregnant working women in the United States now have in every State in the Union, and that’s the right not to be treated differently, not to experience hostility, backlash, a diminution, a degradation to the terms or the conditions or the privileges of your employment because of your pregnancy, because of your childbirth, or because of a related medical condition.
Nothing's more important than the health of your baby
If you're struggling with work-related, pregnancy related challenges while you're working, just understand that it is illegal even if your employer doesn't know it. And don't give up, don't despair.
NYTimes says Pregnancy Discrimination is rampant. What Rights Do You Have?
Your company must have a conversation with you about your needs when you're pregnant, and it has to “reasonably accommodate” you - that's the phrase for having a little flexibility when you are pregnant.
Lactation and Work: Your Rights
if your company has at least 50 employees, you are covered for up to a year after your baby is born, you are permitted, and they are required to create, make this space for you to express milk and continue lactating during working hours. Unpaid time, but they can't discriminate and they must permit you to do so. If your employer does not have 50 employees, approximately half of the states in the United States have their own lactation laws such as in New York, and Connecticut, where I practice law - both of those laws go farther than the federal law in protecting women who are lactating.
Pregnancy Discrimination: What to do?
Pregnancy discrimination in the workplace is illegal, but it happens all the time. So you need to be proactive. It’s not as if your company’s gonna grow a heart, all of a sudden.
Sex Discrimination Makes Me Mad, How About You?
If you are a woman being paid less than a man, or treated worse than you should be treated at work because you’re a woman, because you’re pregnant, because you had a baby, because you took some protected disability leave either while you were pregnant, or after your baby was born, and now you are being penalized for it, or punished for it, you have to oppose it.
NYCHRL revised May 9, 2018 to cover ALL employees in sexual harassment cases
Under the new revised statute as of May 9, 2018, even if you're the only employee, and you are being sexually harassed, being subjected to unwelcome sexual conduct, a sexually hostile work environment, you are in a position now to hold your employer accountable.
No NDA's permitted in NY
Today's video is about confidentiality. Nondisclosure agreements are no longer permitted just because your employer wishes to sweep your claim and your settlement under the rug. You, now as the victim of the sexual harassment must consent to the privacy, to the confidentiality, to the nondisclosure agreement if it is to occur.
No more mandatory, private arbitration of NY sexual harassment cases
Why this is also really big news is that federal law, the federal Arbitration Act, case law interpreting it - permits employers to require employees who are starting a job as a condition of that employment to accept the notion that you give up your right to a jury trial, you give up your right to hold your employer accountable in court in a public forum for free when, if and when, you're being discriminated against.
1099'ers are Now Covered by NY Sexual Harassment Law
If you're being sexually harassed, subjected to unwelcome sexual attention, a hostile work environment due to your sex - up until April 2018, you wouldn’t be covered if you weren't a W-2 employee.
Glamour Magazine asks Jack Tuckner: How should the average person handle sexual harassment at work?
Glamour Magazine for its Solidarity Issue of June/July 2018 reached out to Jack Tuckner, Esq. with the question — How should the average person handle sexual harassment at work?
Disability, Work and the Law
Whatever the challenge you're facing, whether it is something related to pregnancy, or you have influenza, or a more serious issue and you need your employer to work with you, be flexible, compassionate, reasonably accommodate you - make sure that you're documenting all of this, putting it in writing, so you'll have a paper trail, because your employer can’t just be dismissive and cavalier and say, “Sorry, it's too much of a pain in the butt for us, we're not dealing with you anymore.” That would be illegal disability discrimination.
Motherhood penalty causes gender pay disparity
If your company doesn’t correct what they are doing that is discriminatory toward you as a result of your pregnancy, which is inseparable from who you are as a woman obviously, you wanna be in a position where they would have to make you happy in the separation. If you have to get a divorce from your company, you want to be able to leave with your head held high, and your shoulders squared.
No fault attendance policies often illegally discriminate against pregnant women
It's the law, it's the federal law if your employer has 15 employees, and if you work, depending on where you work, if you work in New York State, four employees. But chances are, if you work for an employer with at least 15 employees, you’re covered and it’s illegal when your employer disciplines you, or fires you because of their no-fault policy when you are pregnant.
Connecticut Fair Employment Practices Act now is much more protective for pregnant employees
If you work for a small employer in Connecticut, and your employer isn't being flexible with you during your pregnancy, isn't allowing you to sit down occasionally, or to take time to go to doctors, or to take a maternity leave; or when you come back from maternity leave, to express milk at work for your baby - all of this is now required by the Connecticut Human Rights Law with regard to your sex and your pregnancy.