If you’re trying to work through your pregnancy, you’ve undoubtedly made a thoughtful decision that continuing to work is the best way to provide for your family. Being fired because of your pregnancy can inflict a great deal of stress, frustration, and financial insecurity on you during what is an already highly stressful (albeit exciting) time in your life. While employers have considerable discretion in who they hire and fire, they cannot fire you just because you’re pregnant. If that’s happened to you, you may have the makings of a successful New York pregnancy discrimination lawsuit.
So, what exactly does pregnancy discrimination in New York look like? Here’s a real-life example from upstate. The worker, A.G., was “visibly pregnant” when she interviewed for a waitress job with a Mexican restaurant. The manager who interviewed her knew she was pregnant and the restaurant owner, A.R., also knew she was pregnant.
The restaurant hired the woman and she typically worked around 17 hours per week. However, just a few weeks into the job, the waitress came down with bronchitis and missed five days of work. When she returned to work, the owner had assigned someone else to her shift.