Earlier this month the United States Supreme Court ruled 6-3 in favor of a former UPS worker who claimed pregnancy discrimination when the company refused to accommodate her need to not lift more than 20 pounds. According to the petition filed on behalf of the woman, Peggy Young, UPS claimed it offered light duty to workers who were injured on the job, those with conditions covered by the Americans with Disabilities Act, and those who had lost their Department of Transportation certification because of physical impairments. The Supreme Court sent the case back to the lower court, which will decide on the merits whether or not UPS discriminated against Young. If an employer has discriminated against you or someone you know, contact knowledgeable NYC discrimination lawyers right away to preserve your rights under the law.
Discrimination Basics
Discrimination is the treatment, consideration or distinction made in favor or against an individual based on a group, class or category instead of on individual merit. Employment discrimination can come in numerous forms and may include, but is not limited to, discrimination based on:
● Age;
● Gender;
● Marital status;
● Race or national origin;
● Sexual orientation;
● Religion;
● Criminal record(s); or
● Pregnancy.
Every person has the right to work in an environment free from discrimination and, consequently, several federal laws prohibit employment discrimination.
Pregnancy Discrimination
Pregnancy discrimination laws dictate that an employer is not allowed to ask during an interview, or any time during employment, if a prospective candidate is planning on becoming pregnant. Likewise, an employer is prohibited from not offering the same benefits or passing an employee up for a promotion based on pregnancy or the possibility of it occurring. Under the federal Family and Medical Leave Act, eligible employees are able to take unpaid job-protected leave for specified family and medical reasons while keeping the same continuation of group health insurance under the same manner as if the employee had not taken leave. Pregnancy discrimination can take place in many forms so it is imperative to know your rights. These protections include:
Twelve workweeks of leave in a 12-month period for:
○ the birth of a child and to care for the newborn within one year of his/her birth;
○ the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
○ to care for the employee’s spouse, child, or parent who has a serious health condition;
○ a serious health condition that makes the employee unable to perform the essential functions of his/her job;
○ any qualifying emergency arising out of the employee’s spouse, son, daughter, or parent being a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness. This applies if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin.
Discrimination Lawyers NYC
If an employer has discriminated against you or someone you know, contact the most knowledgeable and experienced discrimination lawyers NYC has to offer at Ricotta & Marks, P.C. to learn about your rights under the law. Call toll free (716) 301-2704 or click here to schedule a free, initial appointment with our pregnancy discrimination lawyers.
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