Pregnancy Discrimination: New York City & Queens Labor & Employment Attorneys
Is it a good idea to ask a job applicant whether or not she is pregnant? No. As long as a pregnant woman has the job qualifications to do the work, pregnancy is irrelevant. If you ask about pregnancy during a job interview, and the applicant gets the idea you didn’t hire her because she’s pregnant, you could face a discrimination lawsuit.
Here’s a recent case that involved pregnancy discrimination. The Sefa Wellness Center, a medical practice that specializes in cosmetic skin treatments, employed April Raines as a skin specialist. Two days after informing the company owner she was pregnant, the employer fired her. When giving the reason for termination, the employer said it was because she had deceived the company by failing to disclose her pregnancy during the hiring interview.
The Pregnancy Discrimination Act (PDA) prohibits discrimination in hiring or job termination due to pregnancy. The Equal Employment Opportunity Commission (EEOC) attempted to settle with Sefa on behalf of April Raines through its pre-litigation conciliation process. When the attempt failed, it filed a lawsuit against the company. Sefa settled out of court for $37,000. The settlement included stipulations that Sefa provide equal opportunity training for management along with reporting requirements and posting of anti-discrimination notices in the workplace.
If you own your own company, you should also know that it’s illegal to deny pregnancy leaves and it’s illegal not to accommodate pregnant workers who can’t do heavy lifting or need lighter forms of work because of their medical conditions.
There are many employment laws involved with running a business, and when your company is not large enough to hire general counsel, you should consult with experienced employment ligitation attorneys and ensure anti-discrimination practices are in place.
Stephen Hans & Associates has assisted small and mid-sized business owners through employment litigation for more than two decades.