212.627.8100The decision to start or grow your family is highly personal. Unfortunately, pregnant women may find themselves denied a promotion, assigned fewer hours, demoted, or even fired because they become pregnant. Suddenly, these women find themselves struggling with job security in addition to the life-changing experience of carrying a child and caring for their new baby. Over the years, laws at the federal, state, and local levels have been enacted to protect the rights of pregnant workers and safeguard them from experiencing pregnancy discrimination in the workplace. It’s important to note that most instances of pregnancy discrimination are subtle and difficult to identify, as employers want to be able to deny such actions as much as possible. Experiencing pregnancy discrimination at work may begin with your intuition—you get the feeling that you are being denied a promotion or treated differently than other workers. If you believe that you have been the victim of pregnancy discrimination in the workplace, reach out to a highly qualified and empathetic New York employment law attorney to understand your legal rights and discuss potential options and remedies that may be available to you. This post will explore the implications of pregnancy discrimination laws at the federal, state, and local levels and the steps you can take to pursue justice and recover compensation.
Defining Pregnancy Discrimination in New York
First, it’s helpful to define pregnancy discrimination and explore some of the primary ways in which such behavior typically manifests itself in the workplace. According to the New York City Bar, “Pregnancy discrimination happens when an employer makes an employment decision based on your pregnancy or intent to become pregnant and not your skills, qualifications, or how well you do your job.” In other words, pregnancy discrimination occurs whenever an employee is treated less favorably because of their pregnancy status. For example, an employer that denies someone a promotion (for which they are the most qualified candidate) because they are pregnant is likely violating legal protections at the federal, state, and local levels. An employer does not necessarily have to express hostility to the pregnant worker in order to be liable for pregnancy discrimination. For example, if a pregnant woman’s supervisor insists that she stop working overtime during her pregnancy so she will have more time to rest, that is pregnancy discrimination, and the pregnant employee’s lost overtime earnings may be recoverable, even if the supervisor did not “intend” to harm the pregnant employee. It’s also unlawful for an employer to force a pregnant employee to stop working because of their condition—employees have the right to keep working as long as they can perform their assigned duties. During the hiring process, an employer cannot ask about a candidate’s plans to become pregnant or whether the candidate is currently pregnant. Any of these instances may be forms of pregnancy discrimination, so enlist the guidance and support of a knowledgeable New York pregnancy discrimination lawyer to discuss your case and identify the most strategic path forward.
Legal Protections for Pregnant Workers
There are several legal protections in place to maintain the safety of pregnant workers. At the federal level, the Pregnancy Discrimination Act (PDA) ensures that “women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work.” The PDA applies to employers with at least 15 employees, and it essentially considers pregnancy-related conditions (such as bed rest, severe morning sickness, or childbirth) to be temporary disabilities. As a result, the PDA requires employers to treat pregnant workers in the same way they would treat non-pregnant, temporarily disabled employees (i.e., providing accommodations, alternative assignments, leave of absences, etc.).
At the state level, New York explicitly guarantees pregnant employees the right to request and receive reasonable accommodations for any pregnancy-related condition. As of 2016, employers must provide accommodations such as “occasional breaks to rest or drink water, a modified work schedule, leave for related medical needs, available light duty assignments, and transfers away from hazardous duty.” Additionally, pregnant employees that take leave because of pregnancy or a pregnancy-related condition have the right to return to their job.
New York City’s Human Rights Law “requires all employers with four or more employees, or one or more domestic worker, to provide reasonable accommodations to employees related to pregnancy, childbirth, and related medical conditions to enable them to continue working and/or return to work promptly while maintaining a healthy pregnancy.” This law empowers pregnant workers to request and access reasonable accommodations so they can continue to perform their assigned duties safely and comfortably. As of 2020, these legal protections also apply to independent contractors.
Filing a Pregnancy Discrimination Lawsuit in New York
Experiencing employment discrimination based on pregnancy can take a tremendous toll on your career, finances, and overall health and well-being. If you believe that your employer has used your pregnancy against you in some way (such as denying you the promotion you otherwise deserve or hiring a less-qualified candidate because of your pregnancy), you have the right to explore potential legal remedies with an experienced and trusted employment discrimination attorney. It’s natural to feel overwhelmed and isolated after these types of incidents, but you do not have to go through this challenging time alone. Enlisting the guidance of a dedicated pregnancy discrimination attorney can help you understand your rights, assess the strength of your case, gather relevant evidence, and advocate on your behalf to secure justice. Depending on the circumstances of your case, you may be able to recover monetary damages to account for backpay, anticipated future losses, and the pain and suffering you endured. Moreover, taking a stand against an employer that engages in and tolerates acts of workplace discrimination can be an empowering and symbolic act of courage, as you are holding this company accountable and preventing such discriminatory practices from negatively affecting other workers.
It’s against the law for an employer to discriminate against you because of your pregnancy status. If you believe that you have suffered pregnancy discrimination in the workplace, the dedicated and highly qualified legal team at Levy Ratner is ready to assist you. Call our New York office today at (212) 627-8100 to discuss your legal rights and options with a trusted and caring employment law attorney.