Legal Question in Employment Law in New York

Job Elimination During Medical/Maternity Disability

My employment position was eliminated during the course of my 6-week maternity postpartum period.

I was employed by a local hospital in New York, from April, 2000 to September 21, 2001.

I was discharged from the hospital on August 21 after giving birth by C-Section to my daughter. On August 23 my husband went to the post office to pick up our mail where he found that I had a certified letter from my employer stating that my position had been eliminated as of September 21, 2001.

I have since become aware of a job opening in the Laboratory for a job entitled ''Laboratory Assistant'', which in the brief description in the newspaper entails the exact same duties as the position formerly held by me. I have obtained a form from the Division of Human Rights in Syracuse, NY, to make a complaint of discrimination against them. I have also obtained a copy of the employment advertisement for a ''Laboratory Assistant'' from two different local newspapers.

I do feel that I have been treated wrongly and I need legal assistance.


Asked on 10/11/01, 2:16 pm

1 Answer from Attorneys
Raymond Iaia Minotti & Iaia, LLP

Re: Job Elimination During Medical/Maternity Disability

Pregnancy discrimination is illegal under federal and state law. This does not mean that you have a case, only that you may have a case. Before you file with the New York State Division of Human Rights, you should definitely talk to an attorney. Filing with the Division may be a big mistake. In any event you have a full year to file with the Division from the date of your termination. I would like to discuss your case in detail with you at your convenience. You can call to arrange a free consultation at (914) 949-6323.

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Answered on 11/27/01, 9:41 am


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