Articles Posted in Pregnancy Discrimination

If you’re trying to work through your pregnancy, you’ve undoubtedly made a thoughtful decision that continuing to work is the best way to provide for your family. Being fired because of your pregnancy can inflict a great deal of stress, frustration, and financial insecurity on you during what is an already highly stressful (albeit exciting) time in your life. While employers have considerable discretion in who they hire and fire, they cannot fire you just because you’re pregnant. If that’s happened to you, you may have the makings of a successful New York pregnancy discrimination lawsuit.

So, what exactly does pregnancy discrimination in New York look like? Here’s a real-life example from upstate. The worker, A.G., was “visibly pregnant” when she interviewed for a waitress job with a Mexican restaurant. The manager who interviewed her knew she was pregnant and the restaurant owner, A.R., also knew she was pregnant.

The restaurant hired the woman and she typically worked around 17 hours per week. However, just a few weeks into the job, the waitress came down with bronchitis and missed five days of work. When she returned to work, the owner had assigned someone else to her shift.

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Employment laws all over the country protect workers from discrimination based on pregnancy, childbirth, and medical conditions that may arise during pregnancy or after giving birth. New York City pregnancy discrimination attorneys can also use state and city law to demand reasonable accommodations for workers who might need extra restroom breaks, more time to sit down, restrictions on lifting large amounts of weight, and other needs. A 2014 law passed by the New York City Council added provisions regarding reasonable accommodations to the New York City Human Rights Law (NYCHRL). Unfortunately, many employers continue to deny such accommodations to their employees, sometimes with tragic consequences. A female employee of the Metropolitan Transportation Authority (MTA) sued her employer in 2020, alleging that the refusal to provide reasonable accommodations resulted in her miscarriage. The lawsuit is still pending, but the MTA has reportedly agreed to several new accommodations for pregnant workers.

At the state level, the New York State Human Rights Law (NYSHRL) prohibits employment discrimination based on “familial status,” which includes pregnancy. N.Y. Exec. L. §§ 292(26)(a), 296(1)(a). The NYCHRL addresses discrimination by employers because of employees’ “sexual and reproductive health decisions,” which may include the decision to have children. N.Y.C. Admin. Code §§ 8-102, 8-107(1)(a).

Both city and state law require reasonable accommodations during an employee’s pregnancy and after they give birth. The NYSHRL requires accommodations for “pregnancy-related conditions,” which refers to both conditions “that inhibit[] the exercise of a normal bodily function” and that are generally accepted to be part of pregnancy or childbirth. N.Y. Exec L. §§ 292(21-f), 296(3). The NYCHRL requires an employer to provide reasonable accommodations “that will allow the employee to perform the essential requisites of the job.” N.Y.C. Admin. Code § 8-107(22)(a).

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New York City pregnancy discrimination lawyers often hear from workers who were denied a job opportunity because they were pregnant, or who lost a job or found their hours cut back when they told their employer about their pregnancy. City, state, and federal laws prohibit a wide range of acts by employers that discriminate on the basis of pregnancy, childbirth, or medical conditions related to either. In New York City, employers must also provide reasonable accommodations for pregnant workers and workers who have given birth recently, including a clean and private lactation room on work premises. Many other employment discrimination laws do not require this of employers. In late 2020, the New York City Commission on Human Rights (CHR) published a new proposed rule interpreting and clarifying the city’s pregnancy discrimination laws.

Three antidiscrimination statutes cover New York City, and each one addresses pregnancy discrimination in a different way. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex, and defines “on the basis of sex” to include “pregnancy, childbirth, or related medical conditions.” 42 U.S.C. §§ 2000e(k), 2000e-2(a). The New York State Human Rights Law (NYSHRL) prohibits discrimination on the basis of “familial status,” using a definition that includes pregnancy. N.Y. Exec. L. §§ 292(26), 296(1)(a). State law also specifically bars employers from forcing a pregnant employee “to take a leave of absence” in many situations. Id. at § 296(1)(g).

The New York City Human Rights Law (NYCHRL) does not identify pregnancy as a distinct protected category, although a recent amendment to the law bars discrimination on the basis of “sexual and reproductive health decisions,” which could include pregnancy. See N.Y.C. Admin. Code §§ 8-102, 8-107(1)(a). Both the NYCHRL and the NYSHRL contain provisions for reasonable accommodations. State law requires accommodations for “pregnancy-related conditions,” similar to the way it requires accommodations for employees with disabilities. See N.Y. Exec. L. at §§ 292(21-f), 296(3). City law requires reasonable accommodations for “pregnancy, childbirth, or a related medical condition,” as well as “lactation accommodations.” N.Y.C. Admin. Code § 8-107(22).

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Discrimination on the basis of pregnancy is a serious problem in workplaces all over the country. New York City pregnancy discrimination attorneys help workers who lost their jobs, been demoted, or were placed on unpaid leave when their employers learned that they were pregnant, to name only a few examples of how this type of discrimination can occur. The New York City Human Rights Law (NYCHRL) offers more protections than many anti-discrimination laws. It requires employers to make reasonable accommodations for pregnant employees and employees who have recently given birth. The New York City Commission on Human Rights (NYCCHR) is responsible for enforcing city law, either by bringing actions directly against employers or by authorizing employees to file their own lawsuits. Earlier this year, the NYCCHR announced that it had settled a pregnancy discrimination claim involving reasonable accommodations. The settlement included more than $46,000 in civil penalties and damages for the employee.

At the federal level, the Pregnancy Discrimination Act of 1978 added discrimination based on “pregnancy, childbirth, or related medical conditions” to the definition of sex discrimination found in Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e(k). Federal law is less clear, however, on the issue of reasonable accommodations for pregnancy and childbirth. Many people need adjustments to their work schedule, work environment, or job duties during pregnancy or after giving birth. This may include additional breaks for water or to use the restroom, additional time to sit down, or temporary restrictions on lifting heavy objects. After giving birth, workers who are breastfeeding might need time and a private location to express milk. The NYCHRL requires employers to make reasonable accommodations for these needs. N.Y.C. Admin. Code § 8-107(22).

The employee in the case mentioned above worked as a line cook at a restaurant in New York City. In early 2016, she reportedly notified her supervisors about her pregnancy and told them that she could not lift heavy boxes due to medical restrictions. According to the NYCCHR, the employer refused to accommodate her for the lifting restriction unless she provided medical documentation. The NYCCHR states that this violates city law. The employee filed a complaint with the agency, which launched an investigation of the employer.

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New York City pregnancy discrimination laws serve two functions. They prohibit employers from taking adverse actions because of pregnancy, childbirth, or conditions associated with either; and they require employers to provide reasonable accommodations. Some industries present greater problems for workers than others. This may be based on the nature of the work itself, or the legal relationship between workers and employers. In New York City’s art world, working conditions have long been difficult for people who are pregnant or are parents.

New York City Pregnancy Discrimination Laws

Both Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law (NYSHRL) protect workers against pregnancy discrimination, but neither statute uses that precise term. Title VII prohibits discrimination on the basis of sex, and defines “on the basis of sex” to include “on the basis of pregnancy, childbirth, or related medical conditions.” 42 U.S.C. §§ 2000e(k), 2000e-2(a)(1). The NYSHRL bars discrimination based on “familial status,” defined to include “any person who is pregnant or has a child.” N.Y. Exec. L. §§ 292(26)(a), 296(1)(a).

The NYSHRL and the New York City Human Rights Law (NYCHRL) require employers to provide reasonable accommodations for pregnant employees. The NYCHRL goes a step further by requiring specific accommodations for workers who have recently given birth. Under the NYSHRL, employers must make reasonable accommodations for “pregnancy-related conditions” in order to allow workers “to perform in a reasonable manner the activities involved in [their] job or occupation.” Id. at §§ 292(21-e), (21-f); 296(3). The NYCHRL sets similar requirements, but also requires employers to provide a “sanitary place, other than a restroom,” which employees can use to express breast milk in privacy, along with a refrigerator to store expressed milk. N.Y.C. Admin. Code §§ 8-102, 8-107(22).

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Pregnancy discrimination is against the law in New York City. Employment discrimination attorneys can bring claims under the laws of New York City, New York State, or the United States. It is unlawful for an employer to refuse to hire someone, or to rescind an offer of employment, because the person is pregnant or has recently given birth. Other unlawful acts include terminating a person ‘s employment, forcing them to take unpaid leave, or cutting their shifts because of pregnancy or childbirth. Identifying when this sort of discrimination has occurred can be difficult, since employers rarely state outright that this is the reason for the adverse action. Proving New York pregnancy discrimination under city, state, or federal law therefore often requires evidence showing that the action was out of the ordinary.

The Law Prohibits Pregnancy Discrimination

At the federal level, the Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination “on the basis of pregnancy, childbirth, or related medical conditions,” including this in its definition of sex discrimination. 42 U.S.C. §§ 2000e(k), 2000e-2(a)(1). This covers adverse actions taken against an employee, but does not require employers to make accommodations for pregnant employees and those who have given birth recently. Some medical conditions associated with pregnancy and childbirth might qualify as a “disability” under the federal Americans with Disabilities Act, which requires reasonable accommodations.

The New York City Human Rights Law (NYCHRL) implicitly includes the sort of pregnancy discrimination described by the PDA in its prohibition of gender discrimination. See N.Y.C. Admin. Code § 8-107(22)(c). The statute explicitly requires employers to provide reasonable accommodations based on “pregnancy, childbirth, or related medical condition[s],” and to provide adequate facilities for lactating employees who need to express breast milk. Id. at §§ 8-107(22)(a), (b).

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