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Protect Your Constitutionally and State Ensured Rights in the Workplace

If you have experienced employment discrimination, pregnancy discrimination, wrongful termination, or wage theft, Meth Law Offices will seek justice for you. It's not always easy to come forward and advocate for yourself after facing discrimination. We're here to help. The experienced team at Meth Law Offices will collect evidence, file a claim, negotiate settlements, and represent your interests in court, if necessary. 

Contact Us Today to Discuss your Case

Call today to discuss your options if you have experienced any of the following in the workplace:

  • Pregnancy Discrimination

  • Disability Discrimination

  • Gender Discrimination

  • Racial Discrimination

  • Sexual Harassment

  • Wrongful Termination

  • Family and Medical Leave (FMLA) violations

  • Failure to accommodate

  • Retaliation

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Pregnancy
Discrimination

What is Pregnancy Discrimination?

Pregnancy discrimination happens when an employer makes an employment decision based on your pregnancy or intent to become pregnant and not based on your skills, qualifications, or how well you do your job. Federal and New York State laws make such discrimination illegal in the workplace.

What is Considered Pregnancy Discrimination?

Pregnancy discrimination includes treating an individual –– an applicant or employee –– unfavorably in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as leave and health insurance), and any other terms or conditions of employment.

What are my Workplace Rights While Pregnant?

New York State law guarantees rights to pregnant employees in the workplace. Employers must provide reasonable accommodations for any pregnancy-related condition including:

  • Occasional breaks to rest or drink water

  • A modified work schedule

  • Leave for related medical needs

  • Light duty assignments, if available

  • Transfers away from hazardous duty

Additionally, If a pregnant employee takes leave from work due to a pregnancy or a pregnancy-related condition, the employee has the right to return. Employers may not require you to remain on leave until you give birth, but they must hold your job for you as long as they do for employees who take leave for other reasons.

Under New York State and Federal law, it is illegal for an employer to treat a breastfeeding employee differently than a non-breastfeeding employee. Breastfeeding employees are guaranteed break times to nurse or pump during work.

For up to three years following childbirth, you have the right to take reasonable unpaid break time or to use paid break time or meal time each day, so that you can express breast milk at work. Your employer must make reasonable efforts to provide a room or another location, in close proximity to your work area, where you can express breast milk in private. Your employer may not discriminate against you based on your decision to express breast milk at work.

Do I have the Right to Breastfeed at Work?

New York State's Paid Family Leave

Most employees who work for private employers are eligible to take paid family leave. Employers may take job-protected, paid time off so employers may do the following:

  • Bond with a newly born, adopted, or fostered child;

  • care for a close relative with a serious health condition; or

  • assist relatives when a family member is deployed abroad on active military service.

During leave, employees can continue their health insurance and are guaranteed the same or a comparable job after their leave ends. If an employee contributes to the cost of their health insurance, the employee must continue to pay their portion of the premium cost while on Paid Family Leave.

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Seeking Justice After Experiencing Workplace Discrimination

The Equal Employment Opportunity Commission (EEOC) enforces three specific federal laws that protect the rights of pregnant employees: Title VII of the Civil Rights Act of 1964, the Pregnant Workers Fairness Act, and the Americans with Disabilities Act.

Step One: File a Claim with the EEOC

If you are a job applicant or an employee who believes that an employer has discriminated against you because of your pregnancy or your pregnancy-related disability, you can file a charge of discrimination with the EEOC here. Meth Law Offices is experienced in guiding clients through the EEOC claim process. Call now for a free consultation to discuss your case.

Step Two: Receive a Right-to-Sue Notice from the EEOC

After the EEOC closes its investigation after reviewing your claim, it may issue a right-to-sue notice. You may also request a Notice of Right to Sue from the EEOC office investigating your charge if you wish to file a lawsuit in court before the investigation is completed. This notice gives you permission to file a lawsuit in federal or state court.

You may not file a lawsuit in state or federal court without a right-to-sue notice from the EEOC. Meth Law Offices is skilled in gathering the evidence and drafting complaints to the EEOC to ensure a thorough investigation which provides our clients a much better opportunity to receive a right-to-sue notice from the EEOC. For help filing a claim tot he EEOC or questions about your case, call Meth Law Offices. 

Step Three: File a Lawsuit within 90 days

Once you receive a Right to Sue notice, you must file your lawsuit within 90 days. This deadline is set by law. If you don't file in time, you may be prevented from going forward with your lawsuit. Call Meth Law Offices to prepare your case for filing a lawsuit. 

If you or someone you know was discriminated against in the workplace, call now to discuss the details of your case.

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