Employers Required to Provide Notice in Employee Handbooks
Federal law prohibits discrimination in the workplace based on pregnancy, childbirth or related medical concerns, as set forth in Title VII of the 1964 Civil Rights Act and amended by the Pregnancy Discrimination Act of 1978. New York employers who maintained an employee handbook were initially required to include a notice in that document, advising employees of their rights to free from such discrimination on the job. However, in March 1992, the U.S. District Court for the Northern District of New York issued a permanent injunction, banning the notice requirement. Pursuant to a recent ruling by the United States Court of Appeals for the 2nd Circuit, that injunction has been terminated. Employers who provide employee handbooks must now include the notice about discrimination and reproductive rights.
Discrimination and Reproductive Choices—Your Rights as an Employee
As interpreted by the courts, employees have certain rights related to reproductive decisions and potential discrimination based on those choices. That includes:
- Access to reproductive health care goods, services and information
- Decisions regarding pregnancy, childbirth and family planning
Accordingly, a person may not be treated differently at work based on past, present or potential pregnancy. That means that an employer may not take any of the following employment actions because of your stated intention or interest in becoming pregnant or having a child:
- Termination of employment
- Refusal to hire
- Denial of promotion or demotion
- Reduction of hours or compensation
- Retaliation of any kind
- Harassment
We Can Help Protect Your Rights as an Employee
At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Nassau and Suffolk Counties; in Brooklyn, Queens, Manhattan and the Bronx; in Westchester; and across Northern New Jersey. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631)257-5588.