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Court

Frequently Asked Questions

Sexual Harassment in the Workplace
Q: How do I report Sexual Harassment in a Garden City workplace? 
A: You should first follow your company's internal reporting procedure. Simultaneously, document every incident. For legal guidance under 2026 New York State and federal laws, contact The Law Office of Joshua P. Frank, PLLC for a confidential consultation.

Q: Can I be fired for reporting sexual harassment in Nassau County?
A: Retaliation is unlawful. If your employer fires or demotes you for making a good-faith report of sexual harassment, you may have a separate claim for retaliation or wrongful termination.

Q: Does sexual harassment have to be physical to be illegal in NY?
A: No. Verbal comments and sexually suggestive emails or text messages also qualify. The 2026 New York State law standard protects you from "unwelcome" conduct that goes beyond petty slights.

Hostile Work Environment
Q: What qualifies as a hostile work environment in New York in 2026?  
A: In NY, a hostile work environment no longer needs to be "severe or pervasive" under New York State law. If you are treated less well than others due to your membership in a protected class, it may be illegal. We help employees in Nassau County navigate these claims.

Pregnancy Discrimination 

Q: What qualifies as pregnancy discrimination in the workplace in New York?

A: Under federal, New York State, and New York City laws, pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or related medical conditions. This includes unfair treatment regarding hiring, firing, pay, job assignments, promotions, layoffs, or fringe benefits like health insurance.

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Q: Does my employer have to accommodate my pregnancy under New York law?

A: Yes. Both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) require employers to provide reasonable accommodations for pregnancy-related conditions. Common examples include:

  • More frequent restroom or water breaks

  • Modifications to a lifting requirement or physical duties

  • A modified work schedule or temporary transfer to a less strenuous role

  • Leave for medical appointments or recovery from childbirth

Note: Under the federal Pregnant Workers Fairness Act (PWFA), employers must provide these accommodations unless doing so causes an "undue hardship" to the business.

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Q: Can my boss fire me or lay me off while I am on maternity leave?

A: An employer cannot fire or lay you off because you are pregnant or taking maternity leave. However, being pregnant does not completely immunize an employee from legitimate, company-wide layoffs or terminations based strictly on performance issues that existed prior to the leave. If you are singled out, or if the timing of your termination is highly suspicious (e.g., right after disclosing your pregnancy or requesting leave), you may have grounds for a discrimination claim.

 

Q: What should I do if I believe I am facing pregnancy discrimination at work?

A: If you suspect you are being treated unfairly due to your pregnancy, take the following steps to protect your rights:

  1. Document everything: Keep a detailed, private log of dates, times, conversations, and specific actions that felt discriminatory.

  2. Save evidence: Secure copies of relevant emails, text messages, performance reviews, and your employee handbook. Keep these on a personal device, not a work computer.

  3. Report it internally: Follow your company’s formal policy for reporting discrimination (usually via HR). Do this in writing so there is a paper trail.

  4. Consult an employment lawyer: Speak with an experienced employment attorney before signing any severance agreements or resigning.

 

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The Law Office of Joshua P. Frank, can help answer these questions and more.  Call today for a free and confidential consultation: 516-416-4444. 

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