December 19, 2016

Pregnant Workers Should Know Their Rights

When New York City’s Pregnant Workers Fairness Act went into affect in early 2014, its aim was to provide employees with reasonable accommodations for pregnancy, childbirth, or related medical conditions, as long as the accommodation allows the employee to perform the essential functions of the job. But, as a recent New York Times article highlights, some women still face pregnancy discrimination at work. The article focuses on the story of Angelica Valencia, a 39-year old woman who was three months pregnant and working at a potato packing plant in the Bronx. Because of a high risk pregnancy, her doctor told her that she could not work more than 8 hours a day. But, when Valencia gave her employer a doctor’s note indicating that she could not work overtime, her employer was unable to provide an accommodation, and she was ultimately forced out of her job.

Like many women in low-paying jobs, Valencia did not know about her rights under the New York City’s Pregnant Workers Fairness Act. In an effort to educate individuals about this law, officials from the New York City Commission on Human Rights and women’s rights advocates have been speaking to business groups, doctors, nurses, and union representatives to ensure that women know about their rights and that employers know their obligations under the law. In fact, the law specifies that employees must be informed in writing of their rights under the statute. For more information regarding New York City’s Pregnant Workers Fairness Act, you can speak to an experienced labor and employment attorney at Berke-Weiss Law PLLC.

white line

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.