If you’re experiencing unfair treatment at work because of your pregnancy, you may be wondering whether you have legal grounds to sue your employer. The answer is yes – pregnancy discrimination is illegal under both federal and New York State law, and you have several legal protections and remedies available to you.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer takes adverse action against an employee because they are pregnant, intend to become pregnant, recently were pregnant, or recently gave birth. Such adverse actions can include termination, demotion, unwanted transfer, denial of overtime, unwanted reduction of work schedule, harassment, or any other negative action relating to the terms, conditions, or privileges of employment.
Under New York State law, pregnancy discrimination is considered a form of sex discrimination and can also constitute familial status discrimination. Federal law also prohibits pregnancy discrimination as a form of sex discrimination under Title VII of the Civil Rights Act of 1964.
Your Rights Under Federal Law
The Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act, which went into effect on June 27, 2023, provides significant new protections for pregnant workers. Under the PWFA, covered employers must provide “reasonable accommodations” to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an “undue hardship” to the employer.
The PWFA applies to private employers and public sector employers with 15 or more employees, as well as Congress, federal agencies, employment agencies, and labor organizations.
Examples of reasonable accommodations under the PWFA include:
- Additional, longer, or more flexible breaks
- Changes to food or drink policies
- Equipment modifications or workstation adjustments
- Uniform or dress code modifications
- Schedule changes, including shorter hours or later start times
- Telework arrangements
- Temporary reassignment
- Leave for healthcare appointments
- Light duty assistance
- Leave to recover from childbirth
Title VII Protections
Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on pregnancy, childbirth, or related medical conditions, and requires covered employers to treat workers affected by pregnancy the same as others similar in their ability or inability to work.
Your Rights Under New York State Law
New York State provides even
broader protections than federal law. The New York State Human Rights Law
applies to all employers, even those with only one employee.
Reasonable Accommodation Requirements
Since 2015, New York State law explicitly requires employers to provide reasonable accommodation for pregnancy-related conditions. A “pregnancy-related condition” is defined as “a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques.”
Importantly, pregnancy-related conditions don’t need to meet any definition of disability to trigger an employer’s obligation to accommodate under New York law. Any medically-advised restrictions or needs related to pregnancy will trigger the need to accommodate, including needs for extra bathroom breaks or increased water intake.
Reasonable accommodations under New York law may include:
- Modified or adjusted work schedules
- Reassignment to available positions or light duty
- Transfer away from hazardous duty
- Time off ford octor visits or recovery
- Minor workplace modifications like providing a chair for someone who normally stands
What Your Employer Cannot Do
Under both federal and state law, covered employers are prohibited from:
- Failing to provide reasonable accommodations for known pregnancy-related limitations
- Requiring you to accept an accommodation other than one arrived at through an interactive process
- Denying job opportunities based on your need for accommodation
- Forcing you to take leave if another reasonable accommodation would allow you to keep working
- Retaliating against you for requesting accommodations or reporting discrimination
Retaliation Is Also Illegal
It’s unlawful for employers to retaliate against employees who have complained of pregnancy discrimination or sought reasonable accommodations. Retaliation can include any adverse action that would dissuade a reasonable worker from making or supporting a
discrimination charge, and it can even occur after you’re no longer employed by that employer.
How to Request Accommodations
To request an accommodation, you should inform your employer that you have a limitation related to pregnancy, childbirth, or a related medical condition and that you need an adjustment or change in your working conditions. You don’t need to use specific legal language – simple statements like “I need more bathroom breaks because of my pregnancy” or “I’m having trouble getting to work at my scheduled starting time because of morning sickness” are sufficient.
Your employer should then engage in an “interactive process” with you to determine what reasonable accommodation can be provided.
When You Can Sue
You may have grounds to sue your employer if they:
- Refuse to provide reasonable accommodations without justification
- Terminate, demote, or otherwise discriminate against you because of your pregnancy
- Retaliate against you for requesting accommodations or reporting discrimination
- Fail to engage in the interactive process when you request accommodations
Filing a Complaint
Before filing a lawsuit, you typically need to file a charge with the Equal Employment Opportunity Commission (EEOC) to preserve your federal claims. The EEOC began accepting charges under the PWFA on June 27, 2023.
Conclusion
Pregnancy discrimination is illegal, and you have strong legal protections under both federal and New York State law. If you believe you’ve experienced pregnancy discrimination or been denied reasonable accommodations, you should document the incidents and consider consulting with an employment attorney who can evaluate your specific situation and help you understand your legal options.
Remember, these laws exist to protect you and ensure that pregnancy doesn’t become a barrier to your career advancement or job security. Don’t hesitate to assert your rights if you believe they’ve been violated.
