212.627.8100Pregnancy is a time of great transition and preparation for welcoming a new baby into your family. During your pregnancy, it’s natural to experience a range of emotions as you adjust to the physical and logistical challenges happening to your body and your baby. Many people continue working as long as they can in order to prepare financially for their growing family. However, certain complications or physical issues related to the pregnancy may make it harder for you to perform the functions of your job. If this is the case, it’s important to recognize that you have the right to ask your employer for reasonable accommodations so that you can continue to work comfortably and productively. Both federal and state laws require employers to provide reasonable accommodations for pregnant workers at their request. Moreover, an employer may not make decisions regarding hiring, promoting, or terminating the employment of someone because they are pregnant. Any such decisions or workplace harassment relating to an employee’s pregnancy may be considered examples of employment discrimination under federal, state, or even New York City laws.
If you have asked your employer for reasonable accommodations due to your pregnancy and your employer has either denied or ignored this request, it’s worth enlisting the guidance of an experienced and trusted New York employment law attorney who can help you understand your legal rights and explore your options. Let’s take a closer look at what qualifies as a reasonable accommodation for pregnant workers and how to request one, as well as the steps you can take if your employer is ignoring your request or exhibiting other signs of employment discrimination.
Pregnancy Accommodation Laws for New York Workers
At the federal level, the Americans with Disabilities Act (ADA) protects workers with disabilities, including temporary disabilities. Under this law, pregnancy is considered similar to a temporary disability, and the legal protections apply to pregnancy-related conditions like morning sickness, sciatica, leg swelling, gestational diabetes, and other health challenges that may arise during pregnancy. The ADA entitles workers to request reasonable accommodations from their employer in order for them to perform their job duties safely and comfortably. When an employer fails or refuses to offer reasonable accommodations for a pregnant worker, the employee may have a pregnancy discrimination claim.
New York state laws also provide legal protections for pregnant employees. Under state law, “It is illegal for any employer with more than four employees to fire an employee because she is pregnant—or to change the terms, conditions, and privileges of employment because of pregnancy, childbirth, or related conditions. It is also illegal for an employer to refuse to hire an applicant because she is pregnant.” Additionally, New York revised its laws in 2016 to guarantee pregnant workers the right to request and access pregnancy work accommodations, including the following:
- Occasional breaks to rest or drink water
- A modified work schedule
- Leave for pregnancy-related medical needs
- Any available light-duty job assignments
- Transfers away from hazardous duties
It’s also important for pregnant workers to understand that they have the right to return to their place of employment after taking pregnancy-related medical leave, and an employer cannot require you to remain on leave until you give birth. If you have questions about your pregnancy rights in the workplace, reach out to a knowledgeable and trusted New York employment law attorney for the personalized legal guidance you deserve.
Examples of Reasonable Accommodations for Pregnant Workers
According to the U.S. Department of Labor, a reasonable accommodation is “a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.” While an employer is not required to provide the exact accommodation that the employee requests if it poses what’s known as an “undue hardship” (i.e., it’s too costly or not feasible for the employer to provide the accommodation), the employer has the legal obligation to work with the employee to arrive at a solution that allows the pregnant employee to work comfortably and safely. Below are some examples of reasonable accommodations for pregnant employees that employers in New York may provide at the worker’s request.
Reduction of Physical Work
Many pregnant people are told by their doctors that they should avoid strenuous physical exertion or activities like lifting heavy objects. If your job requires you to lift heavy objects or engage in any form of strenuous activity, you mayask your employer to reassign you to temporary light-duty assignments for the time being. Essentially, temporary light duty allows you to continue working while protecting yourself and your baby from potentially risky activities.
Schedule Adjustments for Medical Appointments
During pregnancy, it’s important for patients to attend regular check-ups to ensure that the pregnancy is progressing well. Federal and state laws recognize that these regular medical appointments can interfere with work schedules, which is why they protect an employee’s right to take care of their health during this critical time. The Pregnancy Discrimination Act of 1978 requires employers to provide reasonable accommodations to their workers’ schedules so that employees can attend doctors’ visits and other pregnancy-related appointments.
Ability to Sit Down or Work From Home
Pregnancy can make it difficult for an employee to stand for extended periods of time. Also, pregnancy complications like gestational hypertension or preeclampsia may require a pregnant employee to spend weeks on bed rest. You can ask your employer to provide the option to sit down in order to continue working, or it may be possible to ask to work remotely to minimize your health risks. As long as these requests do not present an undue hardship on your employer, these may be reasonable accommodations..
Get Started With a Caring New York Employment Law Attorney Today
No matter where you are in your pregnancy journey, it’s important to understand your legal rights during this monumental time. It’s worth hiring a knowledgeable New York employment law attorney to ensure that your employer supports your pregnancy needs.
At Levy Ratner, we’re proud to bring the knowledge and strategic thinking that comes from decades of labor and employment law experience to every client we serve. If you are struggling with an employment discrimination matter in New York, we encourage you to contact our office today at (212) 627-8100 to discuss your legal rights and options with a trusted and caring attorney.