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.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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