NYC Proposes Law on Pregnancy Discrimination

Dec 3

The New York City Commission on Human Rights has proposed rules relating to employers’ obligations based on an employee’s pregnancy, childbirth, or related medical conditions under the New York City Human Rights Law (NYCHRL). These rules details employer’s obligations in discrimination and accommodation cases.

In addition, the proposed rules also outline prohibited behavior employers need to be mindful of. Under the NYCHRL employers may not treat employees differently or “less well” based on their actuarial or perceived pregnancy, childbirth, or related medical condition. The rules pay close attention to:

Under these rules, the following actions are unlawful:

In addition to expanding upon these rules and regulations, the rules also express what level of accommodation must be given by employers to pregnant employees or those with related medical conditions.

Reasonable Accommodations

Even if a pregnant employee has not requested an accommodation, the employer still has an obligation to initiate cooperative dialogue with the employee if the employer has:

The issue becomes when an employee is not comfortable sharing their pregnancy or related status, and the employee then begins to say the employer did not treat the employee with respect.

The courts will use the following factors to determine if the employer acted in good faith:

The general rule for employers is that cooperative dialogue must continue until a reasonable accommodation is reached or the employer concludes that all available accommodations will cause undue hardship to the employer, or no accommodation exists that will allow the employee to perform the essentials of the job.

Employers were invited to comment on the rules before a public forum was held in November.

Pregnancy Discrimination in NYC Workplaces: Brown Kwon & Lam

As a pregnant employee or employee with a related condition, you have rights in the workplace to reasonable accommodation to ensure your job is protected. But when employment policies or conditions within the workplace make it difficult, know you can seek legal guidance.

If your employer is not treating you fairly or is being discriminatory against you, you need to speak out. At Brown Kwon & Lam, we will fight for your rights, and those of your family, to ensure you are treated fairly and with respect. Contact us today for a consultation.

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