Pregnancy Discrimination NYC

In 2013, New York City decided to do the right thing, and provide broader protection for employment discrimination for women who are bringing children into the world.

Prior to these amendments to the New York City Human Rights law, women had to rely on the federal Pregnancy Discrimination Act, the New York State Human Rights Law, and the unamended New York City Human Rights Law for limited protection for protection from pregnancy discrimination. These laws required a comparison between leave or accommodations  that the employer gives to disabled employees, and similar accommodations had to be given to pregnant, and pregnant women, so that the employer used an even hand in affording accommodations to both categories.

Under the amended New York City Law, no comparison to disabled employees is required, and the law applies whether or not your pregnancy actually involves some sort of diagnosed disability. An employer must now provide reasonable accommodations for conditions related to pregnancy, childbirth or related medical conditions, which permit the pregnant employees to perform the essential functions of her job. If the employer wants to deny an accommodation, it must show that the accommodation would impose an undue hardship. The factors that will be considered include the cost of the accommodation, the financial resources of the employer and the number of employees.

The courts have held that a broad range of accommodations has to be considered by your employer. Accommodations under the new law might include needs for accommodations that often arise in a normal pregnancy, such as the need for frequent bathroom breaks, periodic rest periods, assistance with manual tasks (for example, where you need to lift heavy objects), and a period of leave (for example, in a situation where your doctor recommends bed rest in order to preserve your health or the health of the fetus). If you suffer an abnormal pregnancy, which in some way makes you disabled, you may also be protected by disability discrimination law, or the Family Medical Leave Act.

Your employer must also give you written notice of your right not to be discriminated against based on pregnancy, childbirth or related medical conditions. If your employer does not know that you are pregnant (say in the earlier stages of your pregnancy), you need to inform your employer that you are pregnant in order to invoke the obligation to consider a reasonable accommodation.

You may be reluctant to request an accommodation for your pregnancy for fear that your employer would take adverse action against, and try to drive you off the job. If you request an accommodation, the employer must engage in a good faith dialogue with you about what accommodations are reasonable in the circumstances, and cannot subject you to retaliation.

In our more than 25 years of experience, we have helped many employees subjected to pregnancy disability discrimination and to a hostile environment based on a pregnancy discrimination, and we will be your lawyer for negotiations or a court suit in New York State Courts or New York City so that injustice is stopped.

Contact us online or call us at (212) 949-1001 for a free initial consultation today to review whether your New York City employer has subjected you to pregnancy discrimination.
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