Gender Expression, Gender Identity Protection Bill that will amend the New York State’s Human Rights Law to protect all binary gender, nonconforming employees, and transgender employees from discriminatory treatment.
Under federal law, since 2010, women returning from maternity leave who are breastfeeding, nursing parents – are entitled to a clean, private, non-restroom, non-bathroom space in which to express milk; to take a break and to lactate on a similar schedule to what your baby would be doing, nursing, if you were home, two or three times a day. Otherwise, it’s very painful, you can develop mastitis, it may interfere permanently with your ability to breastfeed, and it’s illegal.
Here’s one thing all pregnant working women in the United States now have in every State in the Union, and that’s the right not to be treated differently, not to experience hostility, backlash, a diminution, a degradation to the terms or the conditions or the privileges of your employment because of your pregnancy, because of your childbirth, or because of a related medical condition.
if your company has at least 50 employees, you are covered for up to a year after your baby is born, you are permitted, and they are required to create, make this space for you to express milk and continue lactating during working hours. Unpaid time, but they can’t discriminate and they must permit you to do so. If your employer does not have 50 employees, approximately half of the states in the United States have their own lactation laws such as in New York, and Connecticut, where I practice law – both of those laws go farther than the federal law in protecting women who are lactating.
Pregnancy discrimination in the workplace is illegal, but it happens all the time. So you need to be proactive. It’s not as if your company’s gonna grow a heart, all of a sudden.
If you are a woman being paid less than a man, or treated worse than you should be treated at work because you’re a woman, because you’re pregnant, because you had a baby, because you took some protected disability leave either while you were pregnant, or after your baby was born, and now you are being penalized for it, or punished for it, you have to oppose it.
Under the new revised statute as of May 9, 2018, even if you’re the only employee, and you are being sexually harassed, being subjected to unwelcome sexual conduct, a sexually hostile work environment, you are in a position now to hold your employer accountable.
Why this is also really big news is that federal law, the federal Arbitration Act, case law interpreting it – permits employers to require employees who are starting a job as a condition of that employment to accept the notion that you give up your right to a jury trial, you give up your right to hold your employer accountable in court in a public forum for free when, if and when, you’re being discriminated against.
If you’re being sexually harassed, subjected to unwelcome sexual attention, a hostile work environment due to your sex – up until April 2018, you wouldn’t be covered if you weren’t a W-2 employee.
If your company doesn’t correct what they are doing that is discriminatory toward you as a result of your pregnancy, which is inseparable from who you are as a woman obviously, you wanna be in a position where they would have to make you happy in the separation. If you have to get a divorce from your company, you want to be able to leave with your head held high, and your shoulders squared.