You told your manager you’re pregnant two weeks ago. She said congratulations.
Today, she’s sitting next to HR telling you your position is being eliminated. Budget cuts. Restructuring. Nothing personal.
Except you’ve been there three years with solid reviews. The company just posted strong earnings. And you’re the only person being let go.
That’s not unfortunate timing. That’s pregnancy discrimination.
What most pregnant employees get wrong about their legal rights
You think you need proof that someone said, “We’re firing you because you’re pregnant.”
They rarely say that.
What you actually need is timing, inconsistency, and a pattern. New York law gives you powerful tools to prove precisely that, and the protections here are stronger than almost anywhere else in the country.
Your protection starts the second you become pregnant
Not when you announce it. Not when you request leave. Not when you need an accommodation.
The moment you become pregnant, New York State law, New York City law, and federal law all prohibit your employer from making employment decisions based on that fact. This means they can’t fire you, demote you, pass you over for promotion, remove you from projects, subject you to different standards, or pressure you to quit.
Even if you haven’t asked for a single thing. Even if you’re doing your job the same as always.
What pregnancy discrimination actually looks like
Real discrimination doesn’t involve someone saying the quiet part out loud. It looks like everyday business decisions have suspicious timing.
Your performance reviews have been fine for the past 2 years. You announce your pregnancy in March. By April, you’re suddenly not meeting expectations or lacking focus. The work hasn’t changed. The feedback has.
Or your manager says they’re being considerate by giving you less demanding projects, so you’re not stressed. Except you didn’t ask for that. And now you’re invisible when promotion decisions get made.
Or you get asked whether you’re really planning to come back after maternity leave, whether you can handle the role with a baby, or how long you’ll be out. Questions that never get asked of employees who aren’t pregnant.
Or the company announces a restructuring and somehow your role is the only one being eliminated. The timing? Three weeks after you disclosed your pregnancy.
Or you ask to keep a water bottle at your desk for morning sickness, only to be told it’s against policy. You ask to start prenatal appointments 30 minutes later and get told everyone needs to be here at 9. Except that other employees get flexibility all the time.
New York law is stronger than you think
Most people don’t realize New York has some of the most protective pregnancy discrimination laws in the country, especially in New York City.
Under New York State and City human rights laws, employers must provide reasonable accommodations for pregnancy-related conditions. The standard is broad. This isn’t just about primary medical needs. It includes more frequent bathroom breaks, keeping water at your desk, modified schedules, temporary duty changes, later start times for morning sickness, and time off for prenatal appointments.
And here’s something almost no one knows yet. As of January 1, 2025, every employer in New York State must provide twenty hours of paid prenatal leave per year. Every employer. No minimum company size. This is separate from sick leave, separate from FMLA, separate from everything else. New York is the first state in the country to do this.
The federal Pregnant Workers Fairness Act, which went into effect in 2023, adds another layer of protection for employers with fifteen or more employees.
Timing is the most potent evidence
Courts and agencies understand that legitimate business decisions don’t happen immediately after someone announces their pregnancy.
If you were fired within thirty days of disclosure, that timing alone can support an inference of discrimination. If your performance suddenly became an issue within weeks of your announcement, but your reviews were always fine before, that inconsistency matters. If the business reason your employer gives doesn’t add up when you look at the facts, that’s evidence of pretext.
You don’t have to prove discrimination beyond a reasonable doubt. You have to show it was more likely than not that pregnancy played a role in the decision.
Your employer’s explanation might be pretextual
Let’s say you get fired three weeks after telling your boss you’re pregnant. The company says it has performance issues. But your last review six months ago was positive. No one ever mentioned a problem before this conversation. The standards they’re suddenly applying to you weren’t used for anyone else. Other employees with similar performance are still there.
That’s pretext.
Or they say it’s a layoff due to budget cuts. But the company just posted strong earnings. They’re hiring for other positions. No one else in your department got laid off. And the layoff was announced three days after you disclosed your pregnancy.
That’s pretext.
Employers know they can’t say “we’re firing you because you’re pregnant.” So they find another reason. The question is whether that reason holds up when you examine the facts and the timing.
You have up to three years to take legal action under NY law
Both the New York State Human Rights Law and the New York City Human Rights Law give you three years to file a lawsuit directly in court. That’s a private right of action. You don’t have to go through an administrative agency first.
Three years from the date of the discriminatory act.
If you want to file with an agency first, you can do that too. The NYC Commission on Human Rights has a one-year deadline. The NYS Division of Human Rights has a three-year deadline for incidents that occurred after February 15, 2024. The federal EEOC has 300 days.
But here’s what most employment lawyers will tell you. Don’t wait. Even if you technically have three years, the sooner you consult with an attorney, the more options you have and the stronger your case will be.
When to call an employment lawyer
If you’re pregnant and your treatment at work has changed after you disclosed your pregnancy, talk to an employment lawyer. Not after you get fired. Before.
An employment lawyer can help you understand whether what’s happening is lawful, what your rights are, and what steps you can take to protect yourself. That conversation is confidential. And it can help you make informed decisions about your situation before things get worse.
If you’ve already been fired, demoted, or pushed out after announcing your pregnancy, an employment lawyer can evaluate your timeline, your employer’s stated reasons, and whether you have a viable claim.
Why New York law gives you real leverage
The New York City Human Rights Law is interpreted more liberally than federal law. You don’t need to prove the discrimination was severe or pervasive. You just need to show that you were treated less well because of your pregnancy.
The burden on employers to justify their actions is high. And the damages available to you are real. Emotional distress. Punitive damages. Attorneys’ fees.
New York takes pregnancy discrimination seriously. The agencies take it seriously. The courts take it seriously.
You’re not imagining it. You’re not being too sensitive. And you’re not alone.
We handle pregnancy discrimination cases every week
At Risman & Risman, we represent New York employees who have been pushed out, sidelined, or fired because of pregnancy.
We know what pregnancy discrimination looks like when it’s happening. We understand how employers try to justify it. We see the timing patterns, the pretextual explanations, and the accommodation denials. And we know how to hold them accountable.
If you were fired, demoted, or pushed out after announcing your pregnancy, we can tell you whether what happened was lawful and what your options are.
Call us at 212-233-6400 or contact us online for a free confidential consultation.
You don’t have to accept being pushed out of your job because you’re starting a family. That’s not legal. And we can help you do something about it.