Legal Question in Medical Leave in New York

Re: Pregnant and just got demoted -major retailer

You are correct. Likely your employer has violated the law. The Pregnancy Discrimination Act makes it illegal for employers of a certain size (your employer sounds like they qualify) to discriminate against a pregnant woman who is otherwise able to complete all the duties required by their job. If this was your only pregnancy-related absence you may have a valid case against them. Feel free to contact me for a free consulation if you'd like to discuss your situation further.

Re: Pregnant and just got demoted -major retailer

The discloure that the change was due to your "condition" is very telling of the discriminatory intent of the employer. To qualify for FMLA leave, have you worked more than a year, more than 1250 hours in that year, and are there more than 50 employees within a 75 mile radius? Also did you inform the company of your need to be gone, at the time the leave first became necessary? Besides the violation of the discrimination laws, the employer (if a qualifying employer) cannot take that action against you, based on the facts you have provided.

Re: Pregnant and just got demoted -major retailer

If you would like to arrange for a consultation on this matter with a New York employment attorney, please email me. My series of legal videos including Family Medical Leave have been used to train more than 50,000 employees.