Pregnancy Discrimination Lawyer New York City
Understanding Your Rights Against Pregnancy Discrimination in NYC
When an employer treats an employee or applicant unfavorably due to pregnancy, childbirth, or a medical condition that relates to pregnancy or childbirth, it is considered pregnancy discrimination. Under the Pregnancy Discrimination Act (PDA), employers are forbidden from discriminating against employees or applicants based on pregnancy in all aspects of employment. If this has happened to you, contact the New York City pregnancy discrimination lawyer at Nisar Law Group.
Laws Protecting Pregnant Employees in the Workplace
Various federal, state, and local laws are in place to protect pregnant employees from unjust treatment because of their pregnancy.
Some of the laws prohibiting pregnancy discrimination include:
- The Pregnancy Discrimination Act: This federal law provides that an employer cannot make hiring, firing, or promotion decisions because an employee or potential employee is pregnant. For instance, an employer cannot ask during an interview about a person’s plans to become pregnant, or demote an employer or make them quit working because they’re pregnant. It also requires that employers make reasonable accommodations for employees who are pregnant or have just given birth. A pregnant employee must be treated as would a non-pregnant employee with a temporary disability. The law applies to employers with 15 or more employees.
- The Americans with Disabilities Act: Under this law, an employer with 15 or more employees cannot discriminate against workers with disabilities, including workers with pregnancy-related disabilities. Again, promotion or retention decisions cannot be based on the employee’s pregnancy and reasonable accommodations, that would not result in undue hardships to the employer, must be made.
- The Family Medical Leave Act: This law requires that an employer with 50 or more employees allow workers to take unpaid leave because of temporary disabilities, including those arising due to pregnancy. The pregnant worker should be entitled to time off because of their disability without fear of losing their job during their absence.
- The New York State Human Rights Law: Similar to the earlier-mentioned federal laws, this state law prohibits employers from discriminating against employees because of pregnancy. Pregnant employees must be given reasonable accommodations to allow them to perform their job (or light duty work) while pregnant. The law was recently amended to apply to all employers regardless of size.
- The New York City Human Rights Law: The law requires employers with 4 or more employees to provide reasonable accommodations for pregnant workers. Unlike federal laws concerning disabilities, a pregnant worker does not have to have a pregnancy-related condition to be afforded accommodations – simply being pregnant is enough to qualify for protection under this law.
Reasonable Accommodations in the Workplace
If an employee cannot perform their job due to their pregnancy or a condition related to pregnancy or childbirth, the employer must treat them as any other temporarily disabled employee. Forcing a pregnant worker to maintain high-stress or heavy-duty workloads could result in serious health conditions. Thus, an employer must provide reasonable accommodations for their employee.
When a pregnant employee seeks reasonable accommodations, they must inform their employer of their limitations and their needs. The conversation should be a two-way dialog in which the employer listens and asks for additional information to fully understand the accommodations needed. In some cases, an employer may require a doctor’s note, but the employee’s medical information must be kept confidential. Additionally, employers are not required to provide the specific accommodations the employee makes, but they must, if it does not create an undue hardship, look for ways to provide reasonable options.
Reasonable accommodations will vary depending on the employee’s position, but may include:
- Providing new or modified equipment
- Restructuring duties
- Modifying work schedules
- Allowing time to sit while working
- Allowing time for more frequent restroom breaks
Maternity and Parental Leave in New York
Under the PDA, employers who allow temporarily disabled employees to take disability leave or leave without pay must extend this treatment to women who are temporarily disabled due to pregnancy. However, an employer may request an employee to submit a doctor’s statement regarding their ability to work before granting any leave benefits.
Additionally, under the Family and Medical Leave Act (FMLA), a new parent, including adoptive or foster parents, may receive 12 weeks of paid or unpaid leave to care for the new child. Those eligible must have worked for an employer for at least 1 year before taking leave.
What Damages Can Be Recovered in a Pregnancy Discrimination Case?
Discrimination against a pregnant employee can bring on various financial and personal hardships. As such, if a worker is subject to unfair treatment in the workplace, they may seek compensation for damages suffered because of their employer’s actions or inactions. This is where a New York pregnancy discrimination lawyer can help.
Possible legal remedies include:
- Back pay: Wages, bonuses, and benefits lost because of the discrimination
- Compensatory damages: Expenses the worker had to pay out of pocket.
- Punitive damages: Damages assessed to punish the employer because of its misconduct.
- Attorneys’ fees and court costs: Compensation for legal costs arising out of the discrimination case.
Choose a New York Employment Attorney to Protect Your Rights
Workplace discrimination is a serious issue many Americans from varying walks of life face every day. If you have been discriminated against due to pregnancy or childbirth, the New York pregnancy discrimination attorneys at Nisar Law Group, P.C. will fight for you and explore all possible avenues to end the confrontation as smoothly as possible.
Schedule a consultation with our employment law attorneys in New York at (212) 600-9534 today.
Why We're the Right Choice
- Seasoned Litigators Who Have Handled Numerous Jury & Bench Trials
- Providing Representation with Clarity, Honesty & Integrity
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Frequently Asked Questions About: Pregnancy Discrimination
Pregnancy discrimination happens when your employer treats you unfairly because you’re pregnant, planning to get pregnant, or dealing with pregnancy-related conditions. Common examples include being passed over for a promotion after announcing your pregnancy, having your supervisor make comments like “We can’t depend on you now” or “Maybe you should focus on being a mom,” being excluded from important meetings and projects once your pregnancy becomes visible, or being assigned to less desirable tasks without justification.
What makes these situations illegal is that they’re based on assumptions about your abilities or commitment rather than your actual performance or capabilities. Your employer cannot make employment decisions based on stereotypes about pregnant women or concerns about future absences. The key is that the treatment has to be connected to your pregnancy and different from how they treat other employees with similar limitations.
If you’re experiencing pregnancy discrimination, start by documenting everything that’s happening. Keep detailed records of discriminatory comments, actions, and dates. Save emails, texts, and any written communications that show different treatment. Note witnesses to discriminatory behavior and track any changes in your job duties or treatment after announcing your pregnancy. You should also report the discrimination internally if your company has a complaint procedure, keeping copies of your complaints and any responses.
Don’t wait too long to seek legal help. Contact an employment attorney experienced in pregnancy discrimination and consider filing a charge with the EEOC within 180 to 300 days, depending on your state. These deadlines are strict, and missing them can prevent you from pursuing your case. While addressing the discrimination, continue performing your job duties well and avoid resigning unless absolutely necessary, as this can complicate your legal options.
Yes, you can sue if your termination was because of your pregnancy, but pregnancy alone doesn’t automatically protect you from being fired for legitimate reasons. You likely have a strong case if the timing of your firing coincides with announcing your pregnancy, your employer made pregnancy-related comments before firing you, similarly situated non-pregnant employees weren’t fired for the same issues, or your performance reviews were consistently good until you announced your pregnancy.
However, you may not have a case if you were fired for documented performance issues that existed before your pregnancy became known, your position was eliminated as part of legitimate company-wide layoffs, or you violated clear company policies. Even if you initially think your firing was legitimate, it’s worth consulting with an attorney because discrimination can be subtle and attorneys often spot issues that employees miss.
Settlement amounts in pregnancy discrimination cases vary widely based on several factors. Smaller cases might settle for $10,000 to $50,000, while mid-range cases often fall between $50,000 and $150,000. Strong cases involving high earners can result in settlements from $150,000 to $500,000 or more, with exceptional cases reaching $1 million or higher. The amount depends on your salary and benefits lost, how long you were out of work, the emotional distress suffered, the strength of your evidence, and your employer’s financial resources.
Your compensation typically includes back pay for lost wages and benefits, front pay for future lost earnings if you can’t return to your job, emotional distress damages, and attorney fees and costs. In cases where the employer’s conduct was particularly egregious, punitive damages might also be available. The best way to understand your potential recovery is to speak with an experienced attorney who can evaluate the specific details of your situation.
The Pregnancy Discrimination Act makes it illegal for employers to treat pregnant employees differently from other employees who have similar limitations. Violations can occur during hiring, such as asking about pregnancy plans during interviews, refusing to hire someone because they’re pregnant or might become pregnant, or requiring pregnancy tests. During employment, violations include firing, demoting, or reassigning someone because of pregnancy, denying promotions or training opportunities due to pregnancy, forcing someone to take leave when they’re able to work, or refusing reasonable accommodations for pregnancy-related limitations.
The law also prohibits harassment, including making offensive comments about someone’s pregnancy, creating a hostile work environment based on pregnancy, or allowing coworkers to harass pregnant employees without intervention. Additionally, employers cannot retaliate against employees for filing pregnancy discrimination complaints or requesting accommodations. The key principle is that pregnant employees must be treated the same as other employees with similar work limitations.
There’s no federal limit on how many hours pregnant women can work per day. The general rule is that there are no automatic restrictions on work hours during pregnancy, you have the right to work as long as you’re able to perform your job, and your employer cannot force restrictions without medical justification. However, accommodations may be needed when your doctor recommends reduced hours, you’re experiencing pregnancy complications, your job involves heavy lifting or dangerous conditions, or you need breaks for medical appointments.
In these situations, you have the right to request schedule modifications as reasonable accommodations, take unpaid leave under FMLA if you’re eligible, and you cannot be forced to take leave if you’re able to work. The key principle is that you must be treated the same as other employees with similar limitations. Some states provide additional protections beyond federal requirements, such as requiring meal and rest breaks for pregnant employees or time off for prenatal appointments.
Proving pregnancy discrimination requires showing the connection between your pregnancy and the adverse treatment you experienced. The strongest evidence is direct evidence, such as comments explicitly mentioning your pregnancy like “We can’t have pregnant women in this role,” written policies that disadvantage pregnant employees, or admissions by supervisors. More commonly, you’ll need circumstantial evidence, including timing where adverse action happens shortly after your pregnancy announcement, different treatment compared to non-pregnant employees, or a pattern of negative treatment that starts with your pregnancy.
You should gather performance reviews from before and after your pregnancy announcement, email communications about work assignments or treatment, witness statements from coworkers, medical records showing any pregnancy-related limitations, and copies of company policies. It’s also helpful to document how other pregnant employees were treated, how employees with similar medical limitations were handled, and whether male employees received different treatment for medical issues. The stronger your documentation, the better your chances of success.
Yes, employers can discipline pregnant employees, but the discipline must be for legitimate, pregnancy-unrelated reasons and applied consistently with how other employees are treated. Legal discipline includes addressing performance issues that existed before pregnancy, policy violations unrelated to pregnancy, attendance problems not related to pregnancy complications, and applying the same standards to all employees regardless of pregnancy status. However, discipline becomes potentially illegal when it starts after a pregnancy announcement, involves harsher consequences than given to non-pregnant employees for the same issues, or punishes pregnancy-related absences.
Red flags that suggest discrimination include sudden negative performance reviews after pregnancy announcement, discipline for requesting accommodations, punishment for pregnancy-related medical appointments, or inconsistent application of company policies. Employers must apply policies consistently regardless of pregnancy status, consider reasonable accommodations before taking disciplinary action, and document legitimate business reasons for any discipline while avoiding pregnancy-related comments during the process.
The timeline for pregnancy discrimination cases varies significantly, but you can expect the process to take anywhere from several months to several years. The administrative process with the EEOC typically takes 6 to 18 months, including filing your charge, the investigation period, and potential mediation attempts before you receive your right to sue letter. If your case proceeds to litigation, the process generally takes 1 to 3 years from filing the lawsuit through resolution, including discovery, settlement negotiations, trial preparation, and potentially trial.
Several factors affect how long your case will take, including the complexity of your situation, the amount of evidence to review, the court’s schedule and backlog, and whether your case settles or goes to trial. Most cases settle before trial, which can significantly reduce the timeline. You can help speed up the process by gathering documentation early, responding promptly to your attorney’s requests, and considering mediation or settlement when appropriate.
You may be able to recover emotional distress damages as part of a pregnancy discrimination claim, but this depends on the specific circumstances of your case. Emotional distress claims are typically valid when you’ve experienced severe discrimination that goes beyond normal workplace stress, intentional infliction of emotional distress by your employer, or significant emotional harm that’s documented medically. To recover these damages, you’ll need to prove that the discriminatory conduct was severe or outrageous, the conduct was intentional or extremely reckless, and you suffered actual emotional distress with medical documentation supporting your claims.
You can strengthen your emotional distress claim by seeking professional counseling or therapy, documenting the emotional impact with a detailed diary, getting medical records that show stress-related symptoms, and gathering witness testimony about changes in your behavior. It’s important to understand that emotional distress damages are typically part of a larger discrimination claim rather than standalone lawsuits, so working with an experienced attorney helps ensure you understand all your legal options and can maximize your potential recovery.
