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Can your company fail to promote you because you are pregnant?

By Jack Tuckner, Esq.

If your company has failed to promote you because you’re pregnant, that’s illegal, that’s illegal sex discrimination, it’s illegal pregnancy discrimination. And it’s often also illegal disability discrimination because of natural limitations of pregnancy or pregnancy related medical challenges like morning sickness moving more slowly, the need for more frequent restroom breaks and the need for maternity leave eventually, which is by another name, disability leave. So you may be perceived as being disabled during your gestational cycle until you come back from maternity leave. And even then women are often treated differently with lactation issues, childcare issues, et cetera. But to answer this one specific question, if you are denied a promotion based on pregnancy, complain to the company, alert them to your perception that you feel you’re being treated differently now as a pregnant woman, and they didn’t even consider you or offer you an interview, for example, for this promotion and you feel really distressed about it, and you want the company to investigate, they must investigate your complaint. 

It’s a civil rights complaint. They need to fix it or launch some kind of corrective action if it’s indicated. And if they don’t, one thing you need to know is they’re not permitted in your company to treat you worse, just because you stood up for your right to be treated fairly, even though you’re a woman with child. So you want to document these complaints. You want to give your company a chance to resolve it. And if you need support or help, reach out to an employment lawyer in your city or state who knows the jurisdiction or reach out to us to me – my name is Jack Tucker. The law firm is Tuckner, Sipser, Weinstock, and Sipser, based in New York City. Give us a call, shoot us an email, a text. We’ll be happy to consult with you in total confidence and free of charge.

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