Pregnancy should be met with support and respect, not obstacles or bias in the workplace. Yet for many pregnant employees in New York, the promise of fairness remains unfulfilled.
Despite clear laws designed to protect pregnant workers from discrimination, incidents of unfair treatment continue, creating hardship at a time when employees most need stability. In the 11 months following the enactment of the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) received 1,869 charges from workers alleging their employers failed to provide required accommodations related to pregnancy.
These formal complaints highlight only a portion of the problem. Many more instances go unreported due to fear, confusion, or uncertainty about one’s rights. At Brown Kwon & Lam, our goal is to equip you with knowledge about how pregnancy discrimination appears in real workplaces, what protections exist under New York and federal law, and what you can do if you believe your rights have been violated.
The Many Faces of Pregnancy Discrimination
Pregnancy discrimination doesn’t always look like outright dismissal. More often, pregnancy discrimination takes subtler forms that undermine a person’s professional standing and well-being.
Workers have reported instances where employers ignored requests for medically advised adjustments like sitting instead of standing, flexible hours to attend prenatal appointments, or modifications to physically demanding tasks. These denials can jeopardize both the employee’s health and job security, and often run afoul of legal requirements.
Legal Protections Available to Pregnant Workers in New York
Federal and state laws establish the legal framework that guards against pregnancy discrimination. Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act (PDA) of 1978, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers cannot legally fire, refuse to hire, or treat an employee unfavorably due to pregnancy.
Protections further extend through the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers to provide reasonable accommodations to pregnant employees and engage in an “interactive process” to find solutions that allow pregnant workers to continue their duties safely. Accommodations may include modified work duties, flexible scheduling, additional rest breaks, or temporary transfer to less strenuous positions.
Moreover, the New York City Human Rights Law prohibits discrimination based not only on pregnancy but also on reproductive health decisions, requiring employers to provide accommodations and forbid retaliation against workers seeking them. Workers are entitled to return to the same or equivalent position after maternity leave without penalty.
These combined federal and state legal protections create strong safeguards; however, effective enforcement and awareness remain crucial.
Recognizing Pregnancy Discrimination in Your Workplace
Discrimination is not always overt, and recognizing the signs early is critical. You may be experiencing pregnancy discrimination if you notice:
- Negative performance reviews or warnings shortly after disclosing your pregnancy.
- Exclusion from meetings, training sessions, or key assignments without explanation.
- Unilateral changes to your schedule, such as reduced hours that affect your income or health.
- Increased scrutiny or disciplinary action for conduct that was previously accepted.
- Pressure to take leave early, even if you’re capable of working.
- Dismissive or delayed responses to accommodation requests.
It is also common for employers to fail to initiate or participate in the legally required interactive process once a worker raises a concern or makes a request. That failure, on its own, may constitute a violation of New York law.
What To Do If You Suspect Pregnancy Discrimination
If you suspect pregnancy discrimination, start by keeping detailed records. Document workplace conversations, emails, changes in work assignments or hours, and interaction regarding accommodation requests. Note dates, times, and witnesses whenever possible.
Employees in New York may file discrimination complaints with the EEOC or the New York State Division of Human Rights, both of which are responsible for investigating claims of workplace discrimination, including those related to pregnancy. These agencies provide a formal mechanism for resolving disputes and enforcing rights.
Additionally, consulting with a legal professional familiar with New York employment laws can provide valuable guidance. While individual circumstances vary, an attorney can clarify your rights and options for protecting your employment and seeking remedies.
The Importance of Speaking Up & Seeking Justice
Reporting pregnancy discrimination transcends individual cases; it contributes to a broader culture of accountability that benefits working families statewide. When discrimination goes unchallenged, behaviors persist, reinforcing harmful patterns that hinder workplace equality and economic security for pregnant employees.
Legal advocacy and complaint filings support enforcement of laws designed to protect pregnancy rights. This in turn pressures employers to maintain fair policies and comply with accommodation requirements.
By standing against pregnancy discrimination, affected workers play a crucial role in fostering equitable workplaces capable of supporting the needs of parents and ensuring career continuity during pregnancy and postpartum periods.
Speak to a New York Pregnancy Discrimination Lawyer Today
Pregnancy should never come with the cost of career setbacks or mistreatment. It is not a liability, nor a justification for diminished opportunity or exclusion in the workplace.
If you believe you are experiencing pregnancy discrimination or being denied reasonable accommodations, you do not have to face the situation alone. The law provides pathways for protection and accountability, and support is available.
Reach out to our New York pregnancy discrimination lawyers to schedule a free and confidential consultation. We are here to listen, advise, and help you understand your rights under New York and federal law.