Pregnancy Discrimination

New York Pregnancy Discrimination Attorney

Fighting For Those Who Have Experienced Pregnancy Discrimination in the Workplace

Navigating the workplace while expecting a child should be a time of joy and anticipation. Unfortunately, some employers engage in discriminatory practices that can turn this exciting period into one marked by stress and injustice. At Schwartz Perry & Heller LLP, we recognize the importance of protecting the rights of pregnant individuals in the workplace. Our pregnancy discrimination attorneys in New York are dedicated to advocating for fair treatment and ensuring that you are not subjected to discrimination based on your pregnancy.

Call Schwartz Perry & Heller LLP today at (646) 490-0221 or contact us online to schedule a consultation with our pregnancy discrimination attorney in New York.

Which U.S. Laws Protect Female Workers From Discrimination Due to Pregnancy?

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on protected characteristics, including sex-based discrimination. The Pregnancy Discrimination Act (PDA), which was amended to Title VII, denotes pregnancy discrimination as a form of sex discrimination.

According to the PDA, employers must treat pregnant women as "temporarily disabled" and accommodate them as any other employee experiencing a short-term disability. Additionally, the Family Medical Leave Act allows mothers and fathers to take 12 weeks of unpaid, job-protected leave after childbirth.

Under laws that protect women from pregnancy discrimination, an employer may not:

Fire a female employee because she is pregnant
Refuse to hire an otherwise qualified woman because she is pregnant
Require a pregnant employee to bring a doctor's note verifying her inability to work when other employees are not required to follow similar protocol if they are injured or ill
Fail to restore an employee who just returned from pregnancy leave to her former position or one like it
Treat an employee differently because she is pregnant, including demoting her, decreasing her hours, or removing privileges and responsibilities
Enact a rule that employees may not return to work for a certain amount of time before or after giving birth
Penalize an employee who takes time off for prenatal doctor appointments when other employees are not penalized when they leave for medical reasons
Ignore an employee who is otherwise qualified for a promotion or pay raise because she is pregnant

New York's New Paid Prenatal Leave Law

Beginning January 1, 2025, New York will be the first state in the nation to require Paid Prenatal Leave for private-sector employees. This law builds on the existing New York State Paid Sick Leave Law and provides added support for employees expecting a child.

Overview of the Expanded Sick Leave Law

New York’s current Paid Sick Leave Law allows employees working for private employers with five or more employees to take 40 or 56 hours of paid sick time each year, depending on the size of the employer. Employers can either make this paid time available at the start of the year or allow employees to earn it gradually through an accrual process.

The new law expands these rights by offering an additional 20 hours of paid sick leave annually, exclusively for prenatal healthcare services. This extra leave is a standalone benefit, meaning it must be kept entirely separate from other types of leave, such as regular sick leave or FMLA.

Key Features of Paid Prenatal Leave

Separate Leave Policy: Employers must establish a dedicated “bank” of 20 hours for prenatal leave, which cannot be combined with standard sick leave or other benefits.
Immediate Access: Employees can use their Paid Prenatal Leave from the moment the law takes effect—there's no waiting period or need to accrue hours.
Flexibility of Use: Employees have the freedom to take this leave in hourly increments, making it ideal for medical appointments and other prenatal needs.
Employee Choice: While employees can choose to use their regular sick leave or other policies for prenatal care, employers cannot force them to do so.

This law ensures expectant employees have access to the time they need for vital prenatal care without sacrificing their rights under other benefit programs.

If your employer has refused to provide Paid Prenatal Leave, retaliated against you for requesting it, or engaged in any form of pregnancy discrimination, we are here to help. The attorneys at Schwartz Perry & Heller LLP have extensive experience holding employers accountable and ensuring that employees receive the fair treatment they deserve under state and federal laws.

Frequently Asked Questions About Pregnancy in the Workplace

What is considered pregnancy discrimination?

Under the Pregnancy Discrimination Act (PDA), it is unlawful for companies to discriminate against employees based on pregnancy, childbirth, or related medical conditions. Discrimination may pertain to:

Hiring
Firing
Promotions
Raises
Layoffs
Training
Fringe benefits
Docking, reducing, or withholding compensation
Reducing hours
Creating a hostile work environment
Job assignments, or
Anything that negatively impacts the terms and conditions of your employment due to pregnancy

Is my pregnancy considered a disability?

While pregnancy itself is not considered a disability under federal law, some conditions related to pregnancy may be considered temporary disabilities under the Americans with Disabilities Act (ADA). For example, gestational diabetes may be a disability in some cases.

If you qualify for ADA coverage while pregnant, you may be legally entitled to job accommodations that would allow you to continue working. However, it is important to note that accommodations may also be subject to your employer’s existing policies on temporary disabilities.

Can my employer force me to take leave because I am pregnant?

No, employers cannot force you to take leave simply because you are pregnant—even if they claim that they are acting in your best interest. Federal law states that pregnant workers must be allowed to continue work as long as they are able. In addition, if you must take leave for a pregnancy-related condition, you cannot be forced to stay on leave if you recover.

Can my employer make me bring in a doctor’s note?

The PDA states that companies may not require pregnant women, or women suspected of being pregnant, to provide medical documentation that would not normally be required of other similarly situated employees.

That means that employers cannot demand that you bring in a doctor’s note to prove that it is safe for you to work while pregnant. However, you may be legally required to supply documentation in some circumstances. For example, if a company would normally require staffers to submit medical documentation before taking sick leave, then pregnant women would have to adhere to that rule as well.

What is the Family and Medical Leave Act (FMLA)?

Many women take their maternity leave through the FMLA. Woman who are entitled to FMLA leave may take up to 12 weeks of unpaid leave for prenatal care, the birth of a child, recovery from childbirth, and bonding with a newborn after delivery.

In addition, FMLA may be used by fathers for paternity leave, and for adoptive or foster parents to bond with a child who has been placed in their home. FMLA is also often used by women who need to take leave for pregnancy related health conditions. Despite the reason FMLA leave is used, eligible women must be restored to their prior positions (or to equivalent ones) when they return to work.

What does the Affordable Care Act (a.k.a. Obamacare) have to do with pregnancy in the workplace?

As far as nursing goes, the Affordable Care Act provides hourly employees with the right to express breastmilk in a private area whenever it is necessary, for up to one year. The employer is responsible for providing an area other than a restroom. That area must be available at any time a nursing woman might need it.

How to Prove Pregnancy Discrimination?

Proving pregnancy discrimination can be challenging, as it often involves subtle and nuanced situations. Some key steps to consider are:

Document Incidents: Keep detailed records of any incidents that are related to pregnancy discrimination. This includes dates, times, locations, individuals involved, and a description of the discriminatory actions or comments. Documentation can serve as critical evidence in establishing a pattern of discriminatory behavior.
Preserve Communications: Save emails, text messages, or any written communication relevant to your case. These documents can help establish a timeline of events and supply concrete evidence of discriminatory behavior. Preserving this information as soon as you become aware of the discrimination is essential.
Obtain Witness Statements: If there were witnesses to the discriminatory behavior, obtain written statements from them. Witnesses can play a vital role in corroborating your claims and strengthening your case. Their testimony can provide additional perspectives and credibility to your allegations.
Seek Medical Documentation: If the discrimination involves issues related to pregnancy-related medical conditions, obtain documentation from your healthcare provider. Medical records can support your case by providing evidence of the need for accommodation or any adverse effects caused by the discriminatory actions.
Consult with an Experienced Pregnancy Discrimination Lawyer: Our experienced attorney can assess the details of your case, guide you on the best course of action, and provide the legal expertise to build a compelling case on your behalf.

Contact Our New York Pregnancy Discrimination Attorney Today

If you have been fired or otherwise discriminated against because of your pregnancy, talk to a New York discrimination attorney from Schwartz Perry & Heller LLP right away. We know how to defend your rights under the state and federal laws designed to protect you.

Call Schwartz Perry & Heller LLP at (646) 490-0221 today for more information from our pregnancy discrimination lawyer in NY.

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