Answers to frequently asked questions about New York State's paid family leave law.
Pregnancy
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This companion piece to Legal Momentum's Interactive State Map offers more detail on state laws pertaining to pregnancy discrimination, workplace accommodation for pregnancy-related conditions, rights to request pregnancy-related and family leave, and breastfeeding rights in general. Like this information? Your $10.00 tax-deductible contribution supports our resources and reports.
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New Policies Will Benefit Many Women New York, NY—For the second time in four months, Legal Momentum secured a positive settlement for a victim of pregnancy discrimination by a governmental entity, the Triborough Bridge and Tunnel Authority and the Metropolitan Transportation Authority (TBTA). Bridge and Tunnel Officer Lori Ann DiPalo was removed from her law enforcement position, just for being pregnant.
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"There's no reason for her to take a leave or to essentially take a demotion working in the toll booth," said Penny Venetis, the executive vice president and legal director for Legal Momentum, an advocacy organization dedicated to advancing the rights of women and girls.Venetis said her organization has represented DiPalo since the beginning of her case, and contended that pregnant law enforcement officers should be allowed to stay on the job until they see fit to take maternity leave.
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Officer Thompson met with a lawyer at Legal Momentum, a women’s advocacy group, which took her case pro bono. On her behalf, the group filed a pregnancy discrimination charge against the city with the Equal Employment Opportunity Commission in March 2014.
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Both Thompson and the PBA repeatedly requested a new date, but were denied and instead offered “useless ‘accommodations’ — a pillow to sit on and extra time for the test — when she was already in labor,” according to Legal Momentum, a women’s-rights group that advocated on her behalf.
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KNOW YOUR RIGHTS: RESCHEDULING CIVIL SERVICE TESTS DUE TO PREGNANCY
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New York City workers no longer have to risk missing career opportunities because they are, or may become, pregnant. The City has agreed to accommodate pregnant workers in significant ways in response to a charge brought before the EEOC by Legal Momentum on behalf of New York City Police Officer Akema Thompson.
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On June 4, 2015, the Pregnant Workers Fairness Act (“PWFA”) was re-introduced in Congress with bipartisan support. The bill calls for reasonable accommodations for pregnant workers and is modeled after the Americans with Disabilities
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How many city officials does it take to figure out a reasonable accommodation for a pregnant police officer who is scheduled to take her promotional exam on the same day as her due date? In the case of Akema Thompson, who has been a police officer with the New York City Police Department for five years, the entire New York City Department of Citywide Administrative Services ("DCAS") was apparently not enough.
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New Mexico teenager Karina Ramirez nearly dropped out of school just two weeks after the birth of her baby, because school officials said she had missed too many days. In fact, family responsibilities are the top reason why young women drop out of high school; the Gates Foundation found that 26% of students who dropped out of high school did so because they became a parent. Some are pushed out of school by administrators or teachers who don’t want parenting students there, and some just fall out of school because of inadequate support.
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Know Your Rights for Pregnant and Parenting Students 12.30.2014