The Pregnancy Discrimination Act Protects Female Workers in New York and Nationwide

1349406513e5fzb morguefile username earl53.jpgA pharmaceutical sales representative has filed a pregnancy discrimination lawsuit against her former employer. According to a complaint filed in the Eastern District of Texas, the woman was terminated from her position at Poly Pharmaceuticals after her physician ordered her to maintain bed rest in connection with her pregnancy.

The woman claims she was hired by the company in August 2012, and notified her employer of her pregnancy the following January. After taking time off of work due to doctor-ordered bed rest, the woman claims she was contacted numerous times and asked to continue making sales calls in addition to performing other job duties. When the woman returned to work in early March, she was allegedly terminated for insubordination.

In her lawsuit, the former sales representative accuses Poly Pharmaceuticals of illegally discriminating against her due to her pregnancy. She asked the federal court to award her financial compensation for lost wages and benefits, back pay, pain and suffering, mental anguish, attorney’s fees, and more.

Although this alleged case of discrimination occurred in Texas, the Pregnancy Discrimination Act of 1978 requires all employers in our nation to provide pregnant workers with the same workplace accommodations that individuals with a disability receive. This requirement means an employer must offer reasonable accommodations to a pregnant employee so long as providing the adjustment will not result in undue hardship.

When an employer treats a pregnant worker in a negative manner as a direct result of her pregnancy or a related medical condition, pregnancy discrimination has occurred. Although employers in New York and throughout the country are legally forbidden from discriminating against a pregnant employee, it still happens. To further complicate matters, pregnancy discrimination can take a number of forms. Discriminatory behavior may include an employer who refuses to accommodate a pregnant employee, a supervisor who terminates, disciplines, or demotes a pregnant worker over a pregnancy-related medical leave request, a situation in which an employee’s opportunity for advancement is directly impacted by her pregnancy status, and many other unlawful circumstances. If you believe that you suffered workplace discrimination as a result of your pregnancy, you should discuss your rights with an experienced lawyer.

The diligent attorneys at Phillips & Associates have many years of experience representing the victims of pregnancy discrimination or workplace sexual harassment in New York City and surrounding towns. At Phillips & Associates, our caring lawyers are here to help you protect your rights at the city, state, and national levels. To schedule a free, confidential consultation with a quality advocate, please give our hardworking lawyers a call at (212) 248-7431 or contact Phillips & Associates through our website.

More Blog Posts:

Manhattan Judge Issues Ruling in Pregnancy Discrimination Case Filed Against Bloomberg LP, New York Employment Attorney Blog, September 11, 2013
Plaintiff’s Firm Wins Punitive Damages on Behalf of Client Subjected to the N-Word at Work, New York Employment Attorney Blog, September 6, 2013
Additional Resources:

Sales rep. sues former employer claiming pregnancy discrimination, by Michelle Keahey, Southeast Texas Record

Photo credit: earl53, morgueFile

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