Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex or gender discrimination under the Federal, New York State and New York City human rights laws.

Pregnancy is treated as a temporary disability under the law. Employers must give pregnant employees the same treatment and benefits that they give to other employees with temporary disabilities. For example, if an employer requires its employees to submit a doctor’s note concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements as well. If the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer must also allow an employee who is temporarily disabled due to pregnancy to do the same.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not demand that she stay out of work until the baby is born. Additionally, an employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave. Severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth and other related medical conditions, are also covered under the law.

Pregnancy discrimination may occur in a number of situations, including but not limited to the following:

• You are a well-qualified candidate for a position, but a company refuses to hire you because you are pregnant, or they tell you to come back when you are ready to work after you have your child.
• Your employer fired or demoted you, or took away all your responsibilities, immediately after learning that you are pregnant, although you are still able to work for several more months.
• You returned from pregnancy-related leave and your employer refused to give you the same or a similar position you held before your leave.
• You are pregnant and your employer treats you differently than other temporarily disabled employees.
• You need to miss work to visit your doctor for prenatal care. You are disciplined for taking time off, even though other workers who miss work for ongoing medical treatment are not disciplined.

If you believe that you are being treated unfairly at work because you are pregnant, you should be aware that laws exist to protect you from unlawful pregnancy discrimination. The attorneys at Schwartz & Perry LLP would be pleased to meet and discuss your concerns with you. There is no charge for the initial consultation. Please feel free to call us at (212) 889-6565 or contact us online.