Tuckner Sipser partner William J. Sipser argued and won a recent disability discrimination decision on behalf of his client, Suzette Watson, at the Appellate Division, First Department. The Manhattan appeals court reversed a lower trial court ruling dismissing Watson’s disability discrimination claim against her former employer. Mr. Sipser successfully argued that the stated reason for […]
Your company must have a conversation with you about your needs when you’re pregnant, and it has to “reasonably accommodate” you – that’s the phrase for having a little flexibility when you are pregnant.
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.
Whatever the challenge you’re facing, whether it is something related to pregnancy, or you have influenza, or a more serious issue and you need your employer to work with you, be flexible, compassionate, reasonably accommodate you – make sure that you’re documenting all of this, putting it in writing, so you’ll have a paper trail, because your employer can’t just be dismissive and cavalier and say, “Sorry, it’s too much of a pain in the butt for us, we’re not dealing with you anymore.” That would be illegal disability discrimination.
Only if the real reason is based on the illegal factors embodied in the federal or state discrimination laws, then you got some leverage to hold your employer accountable.