Legal Question in Employment Law in New York

Re: employer allowed to ask pregnancy plans

No. It is highly illegal. Lie to the creep. Then when you get pregnant either ( 1) tell him you are a virgin, and that the child is immaculately conceived or (2). Put in for FMLA or decide whether you want to stay home for a while or forever or whatever, and if you want your job back, or he fires you when you start to show, see a lawyer immediately and hit him where it hurts. In the pocket book.

Re: employer allowed to ask pregnancy plans

Don't be so quick to make a rash decision. What the doctor asked you MAY be illegal, but it also may not. If your employer has less than four (4) employees, your employer can almost do anything it wants. So before you jeopardize a job that you may need, be sure that your employer is subject to the anti-discrimination statutes. In New York the anti-discrimination laws do NOT apply to an employer with less than four (4) employees. Also, figuring out whether someone is an �employee� can be tricky. For example, does the doctor count? The unfortunate answer is maybe.

Before you risk losing a job that may be more important than the principle of the matter, you should have a personal and in-depth consultation with an attorney that specializes in employment discrimination.

You may contact me at (914) 949-6323. You don�t have to call me, but you should definitely talk with an attorney that specializes in employment discrimination.

In any event, best of luck on your wedding.

Re: employer allowed to ask pregnancy plans

The employer is not allowed to ask that question or to take any adverse action against you for wanting to have children. If he does take any action against you, he will be paying for your honeymoon, and then some.

Your problem will be one of proof, since the emplyer probably will not want to put his position in writing, and will try to fabricate some other reason for not renewing your contract.

You have to marshal the evidence. Try being creative; consider tape recording him discussing your having children. Perhaps have another employee or a patient listening in the next room, with the door left open, etc.

If you wish to discuss this with me further, please call to schedule a consultation. (516) 741-7799