Pregnancy discrimination is a serious workplace issue that affects thousands of workers each year, creating unfair barriers to employment and career advancement for employees who are pregnant or may become pregnant. Despite clear legal protections, some employers continue to make employment decisions based on pregnancy status rather than job qualifications and performance. This type of discrimination not only harms individual workers and their families but also perpetuates gender inequality in the workplace.
Pregnancy discrimination occurs when an em ployer takes any adverse action against an employee or contract worker because they:
- Are pregnant
- Intend to become pregnant
- Recently were pregnant
- Recently gave birth
Common Forms of Discriminatory Actions
An adverse action in a discrimination case is any negative employment decision or change that makes an employee’s job more difficult, less desirable, or hurts their career opportunities. These negative actions include:
- Termination
- Demotion
- Unwanted transfers
- Denial of overtime
- Unwanted reduction in work schedules
- Harassment
- Any other adverse changes to employment terms or conditions
It’s also unlawful to have policies that penalize employees, such as point systems, for taking lawful sick leave due to pregnancy-related conditions.
Legal Framework and Protections
Pregnancy discrimination is prohibited under multiple legal frameworks. Under state and federal law, pregnancy discrimination is considered a form of sex discrimination. Additionally, discrimination based on pregnancy status can qualify as familial status discrimination under the law. When employers treat pregnancy-related conditions differently from other medical conditions, this constitutes disability discrimination. These overlapping protections ensure comprehensive coverage for workers affected by pregnancy discrimination.
Required Accommodations
Employers must provide reasonable accommodations for pregnancy-related conditions, including:
- Additional breaks for eating, drinking, or restroom use
- Schedule modifications for medical appointments
- Allowing telework where feasible
- Light duty assignments
- Modified uniforms or safety equipment
- Temporary job restructuring
- Leave to recover from childbirth
The accommodation requirement applies to all pregnancy-related needs and restrictions, not just those meeting disability definitions.
Interactive Process Requirements
The interactive process for pregnancy accommodations requires both employer and employee participation. First, the employee must inform their employer about their pregnancy and need for accommodation. Once notified, the employer must engage in a good faith interactive process to determine what reasonable accommodations can be provided. Throughout this process, both parties have an obligation to cooperate – the employee must provide necessary medical documentation when appropriate, while the employer must evaluate accommodation options and implement effective solutions that don’t cause undue hardship.
Case Studies Exploring What Constitutes Pregnancy Discrimination.
We’ve seen employers trample on the rights of their pregnant employees in a wide variety of ways. Sometimes the discrimination is abrupt and blatant. Other times, the discrimination is slow and subtle. Some examples, drawn from recent experience, that demonstrate what constitutes pregnancy discrimination on this spectrum include:
- A property manager who was fired just one week after disclosing her pregnancy to her employer.
- After an architecture professional announced her first pregnancy to her bosses, they made repeated stereotyped comments about pregnant workers and working mothers. Her bosses claimed that they had a bad experience where another female employee took maternity leave and did not return. They then subjected her to excessive scrutiny and refused to provide her with the full length of her maternity leave.
- A low-wage worker who was employed by a small business was fired three months after she disclosed to her manager that she was pregnant. The employer claimed that it no longer had any work for her. But the business hired two employees – who were obvioulsy not pregnant – to replace her.
- An administrative assistant was not given her job duties back after returning from materinity leave. Instead, she was given less important work while her supposedly temporary replacement was left in her position.
- A saleswoman was put on a performance improvement plan shortly after disclosing her pregnancy to her manager and was fired at the conclusion of the plan. The employer claimed that her performance was lacking, however, the woman’s non-pregnant piers had similiar or worse performance metrics than her but were not placed on a performance improvement plan.
- A pregnant assistant manager informed her boss that she was under a doctor’s care for heart palpitations, dizziness and shortness of breath stemming from her pregnancy and stated that she would need accommodations to safely perform her duties. Her boss accused her of not being committed to her job and referred her to human resources. The employer then ignored her accomodation requests for three months, all the while her pregancy complications got worse resulting in her being put on bedrest.
Speak to a New York Pregnancy Discrimination Lawyer
Our team of experienced employment attorneys at Kessler Matura P.C. offer free consultations to individuals who believe they’ve suffered from or may be subject to pregnancy discrimination. If you have any questions, you can contact us here or call 631-499-9100 for a free consultation.
