New York Pregnancy Discrimination Lawyers

If you’ve been denied a promotion, job, or other work opportunities because you’re pregnant, our New York pregnancy discrimination lawyers can provide legal advice and guidance on your options under NY employment law.

Imagine that you’re on track for a well-deserved promotion, but you’re passed over after announcing your pregnancy. Or maybe your hours are reduced and responsibilities reassigned because your employer assumes that your performance will suffer due to your pregnancy. Unfortunately, these are common forms of pregnancy discrimination. 

These actions are clear examples of workplace discrimination that prevents pregnant women from achieving their full potential or receiving fair treatment. Beyond missed opportunities, this kind of treatment can create an isolating, hostile work environment, and make employees feel marginalized, unsupported, and undervalued.

Can You Sue for Pregnancy Discrimination?

Pregnancy discrimination is when an employer treats a pregnant employee unfairly because of pregnancy, childbirth, or a related medical condition. If you were denied opportunities, fired, or otherwise mistreated due to pregnancy, you may have a pregnancy discrimination case under federal and New York State law.

This guide covers the basics of pregnancy discrimination, relevant laws that protect pregnant employees, common examples discrimination, how to notify your employer, and the legal steps you can take if your rights are violated.

What is Pregnancy Discrimination?

Pregnancy discrimination is any negative employment action taken against a woman because of pregnancy, childbirth, or a pregnancy-related medical condition. 

Actions include denying promotions, reducing work hours, firing an employee, or limiting access to benefits. Under federal law and New York State laws, employers must provide reasonable accommodations to pregnant employees when necessary and cannot discriminate based on pregnancy status.

Pregnancy Discrimination Laws

Pregnancy discrimination is prohibited under several federal, state, and local statutes. Below is an overview of these key laws.

Federal Pregnancy Discrimination Act

Under Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act (PDA) prohibits discrimination on the basis of sex, including gender discrimination, pregnancy, childbirth, or related medical conditions. The PDA mandates that pregnant employees be treated similar to employees with temporary medical conditions or temporary disability.

New York State Human Rights Law

The New York Division of Human Rights extends protections to pregnant employees by requiring employers to provide reasonable accommodations for pregnancy-related conditions and treat pregnancy-related leave the same as other medical leave.

The New York City Human Rights Law – Pregnant Workers Fairness Act

This act requires New York City employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions. Employers must have a cooperative dialogue with the pregnant employees and ensure they are not placed at a disadvantage in the workplace.

Examples of Pregnancy Discrimination

Pregnancy discrimination can happen many different ways, including:

• Hiring. Employers cannot refuse to hire a job applicant because they are pregnant or planning to become pregnant. It is illegal to ask questions about family planning or pregnancy status during interviews.
• Firing. Terminating an employee due to pregnancy or plans to become pregnant is unlawful.
• Overtime/Hours. Employers cannot refuse to assign overtime or reduce an employee’s hours solely because of pregnancy.
• Promotions. Pregnancy cannot be a reason to deny a promotion or demote an employee.
• Benefits. Employers must provide pregnant employees the same leave and health insurance benefits as non-pregnant employees.
• Wages. Pregnancy cannot be a reason to reduce salary or wages.
• Workload. Employers cannot alter a pregnant employee’s schedule or assignments based on pregnancy alone.
• Training. Pregnant employees should have access to the same training and development opportunities as other employees.
• Documentation. Employers cannot demand proof of pregnancy unless an employee requests accommodations that would impact their job duties, such as light duty assignments.
• Health Insurance. Pregnancy-related medical costs must be covered under employer health plans like any other medical condition, without limitations or exclusions.

How to Tell Your Boss That You’re Pregnant

It can be stressful to tell your employer about your pregnancy, especially if you’re worried about employment discrimination. In most cases, it’s best to notify them after your first trimester. Inform your employer respectfully, confirm your commitment to your job, and request any accommodations.

Workplace Accommodations

New York law requires employers to provide reasonable accommodations for pregnant employees, such as lighter workloads, schedule adjustments, additional restroom breaks, or modified job duties.

Maternity Leave

Under federal and New York State laws, eligible employees can take up to 12 weeks of unpaid leave for maternity-related needs. This includes time off for prenatal appointments, childbirth, and postpartum recovery. Employers cannot penalize employees for taking maternity leave if they meet the eligibility requirements.

Employer-Offered Parental Leave

Some employers in New York offer parental leave as part of their benefits package. If parental leave is available, employers must offer the same terms to male and female employees or face gender discrimination violations. The policy should outline the length of leave, eligibility criteria, and any wage or salary arrangements during this period.

Schedule your pregnancy discrimination consultation today.

Family and Medical Leave Act

Common FMLA Violations

Imagine being denied time off after the birth of your child or being fired while on leave, even weeks of unpaid leave, to care for a family member with a serious health condition. These examples of potential FMLA violations could support a wrongful termination claim.

The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible employees for certain family and medical reasons, including pregnancy and caring for a newborn. Employees’ jobs are protected and they must be restored to their previous or equivalent position upon return. Penalizing employees for taking leave violates the FMLA and employers could face legal consequences.

FMLA Covers More than Just Pregnancy

FMLA grants unpaid leave to eligible employees under specific conditions, including:

• Birth of a Child or Adoption: New parents, including foster parents, can use FMLA leave to bond with their newborn, adopted, or foster child.
• Serious Health Condition: Employees may take FMLA leave if they have a serious health condition that prevents them from performing their job duties.
• Care for an Immediate Family Member: FMLA allows employees to take time off to care for a spouse, child, or parent with a serious health condition.
• Military-Related Leave: Certain situations involving family members on active military duty, such as caring for a wounded soldier, qualify for FMLA leave.

New York State Paid Family Leave 

In addition to FMLA, New York state offers paid leave for new parents to bond with their newborn or adopted child. Eligible employees receive partial wage replacement and job protection during leave.

New York Short-Term Disability Benefits 

Covers a portion of wages for employees unable to work due to pregnancy-related conditions, such as time off for childbirth, recovery, and any pregnancy complications.

Rights After Childbirth – Nursing Mothers

Under New York law, nursing mothers are entitled to reasonable breaks to express breast milk for up to three years after childbirth. Employers must also provide a private, non-bathroom space for this purpose.

Retaliation Protection

It’s illegal for employers to retaliate against employees who report pregnancy discrimination, request accommodations, or take leave under FMLA or New York Paid Family Leave. Retaliatory actions may include demotion, reduction of hours, or negative performance evaluations, and they can serve as the basis for a legal claim.

Have You Experienced New York Pregnancy Discrimination?

Pregnancy discrimination can affect your career, health, and financial stability. If you believe you are a victim of pregnancy discrimination, contact our law firm and our team of New York pregnancy discrimination attorneys can help you understand your options, rights, and the legal steps to seek justice.

Your Options

You can file a discrimination claim with the Equal Employment Opportunity Commission  (EEOC) or get legal representation to discuss filing a lawsuit against your employer. Once the EEOC finishes working on your case, they will send you a right to sue letter which allows you to file a lawsuit to recover lost wages, secure your position, and potentially get punitive damages.

Your Remedies

Victims of pregnancy discrimination may be entitled to remedies such as back pay, reinstatement, damages for emotional distress, attorney’s fees, and in cases of extreme wrongdoing, punitive damages.

How Ottinger Employment Lawyers Can Help You

1. Case Review and Evidence Collection: We start by reviewing your case and gathering essential evidence, like FMLA forms, medical records, and employer communications. Our goal is to identify any violations and plan the best way forward.
2. Guidance and Clarification: We explain your FMLA rights and the steps involved in filing a claim, so you understand your protections and options.
3. Filing the Claim: After reviewing your evidence, we initiate the formal process, which may include filing legal documents, requesting damages, and negotiating with your employer.
4. Representation in Court: If your case goes to court, our attorneys use their experience in New York employment law to seek the best outcome. We keep you informed and supported throughout.

We will carefully review the specifics of your case, listen to your experiences, and provide a thorough evaluation of your legal options during your consultation. Our attorneys will analyze evidence of discriminatory treatment, such as communications with your employer, performance evaluations, or any changes in your job responsibilities or conditions following your pregnancy announcement.

Our goal is to provide honest, straightforward guidance and help you clearly understand potential next steps. 

Get In Contact With Our New York Pregnancy Discrimination Lawyers Today

If you believe your employer has discriminated against you due to pregnancy, contact us to discuss your case with experienced pregnancy discrimination attorneys. Protecting your rights and securing fair treatment is our top priority.

Find Our New York Law Office

Our highly-rated office is conveniently located in New York City, proudly serving clients across New York State and New Jersey. Whether you prefer to visit us in person, call by phone, or schedule an appointment online, our experienced attorneys are here to discuss your pregnancy discrimination case and provide the guidance you need.

Address	Phone	Hours
Ottinger Employment Lawyers 79 Madison Ave., New York, NY 10016	347-492-1904	Mon-Fri: 9am-6pm Sat-Sun: Closed Additional hours by request.

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