The New York City pregnancy discrimination attorneys of Risman & Risman, P.C. are experienced in protecting the rights of employees under federal, New York State, and New York City pregnancy discrimination laws. We are committed to ensuring that pregnant employees and those affected by pregnancy-related conditions are treated fairly and lawfully in the workplace.
Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex and gender discrimination under:
– Federal law – Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978 (PDA)
– New York State law – New York State Human Rights Law (NYSHRL)
– New York City law – New York City Human Rights Law (NYCHRL) and the New York City Pregnant Workers Fairness Act
Pregnant employees must be permitted to work as long as they can perform their job duties. If an employee is absent due to a pregnancy-related condition and recovers, an employer cannot require her to stay out of work until after the birth.
An employer may not impose a mandatory waiting period before returning to work after childbirth. Jobs must be held open for employees on pregnancy-related leave for at least the same length of time they are held open for employees on sick or disability leave.
Conditions such as severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, and other pregnancy-related medical conditions are covered under the law.
Additional Leave Protections:
Pregnancy and childbirth may also trigger leave rights under other laws:
– Family and Medical Leave Act (FMLA) – Up to 12 weeks of unpaid, job-protected leave for eligible employees for pregnancy-related incapacity or to bond with a new child.
– New York Paid Family Leave (NY PFL) – Paid, job-protected leave to bond with a new child or care for a family member with a serious health condition.
These leave protections are in addition to anti-discrimination laws and apply regardless of whether an employee also requests a workplace accommodation.
Reasonable Accommodations:
The New York City Pregnant Workers Fairness Act requires employers to provide reasonable accommodations for pregnant employees and those with pregnancy-related medical conditions, unless doing so would cause undue hardship.
Accommodations may include modified work schedules, additional breaks, assistance with manual labor, temporary transfers, or seating adjustments. Lactation accommodations are also required under both New York State and City laws.
Under the NYCHRL, employers must engage in a cooperative dialogue with employees requesting accommodations and provide a written determination of the outcome. Retaliation for requesting an accommodation is strictly prohibited.
Examples of Pregnancy Discrimination:
– Being denied a job because you are pregnant, perceived to be pregnant, or told to reapply after you have given birth.
– Being denied the same or a comparable position after returning from pregnancy-related leave.
– Being fired, demoted, or stripped of responsibilities immediately after disclosing your pregnancy, even though you are still able to work.
– Being denied reasonable accommodations such as schedule changes, light duty, or rest breaks.
Contact a Qualified Pregnancy Discrimination Attorney
Pregnancy discrimination can take many forms, and each situation is unique. The New York City pregnancy discrimination attorneys of Risman & Risman, P.C. are ready to evaluate your circumstances, explain your rights, and fight to protect them. There is no charge for the consultation. Please call us at (212) 233-6400 or contact us online.
