Losing your job while pregnant can feel isolating and overwhelming. Beyond the emotional stress, expecting parents may face immediate concerns about lost income, health insurance coverage and how they will support their growing family. Recognizing when this counts as discrimination and what your options are can help you protect yourself and your family.
Protections for pregnant workers
Federal law provides a foundation for pregnancy rights with the Pregnancy Discrimination Act. This prevents employers from treating employees going through pregnancy, childbirth or related medical conditions less favorably than other workers with similar abilities to perform their jobs. This means pregnancy should not factor into decisions about hiring, firing, promotions or other employment terms.
New York laws also require employers to provide reasonable accommodations for pregnancy-related conditions. These can include changing the work schedule, allowing more bathroom breaks, getting help with heavy lifting or providing temporary jobs assignments.
Employers must engage in an interactive process with the employee for these accommodations, and they may only decline a request if it would cause undue hardship or create a direct threat to safety.
State laws cover all employers, no matter their size, while New York City requires employers with four or more employees to provide these necessary adjustments.
Pregnancy discrimination at work
Unfair treatment due to a pregnancy can manifest in subtle ways, such as:
- Firing a pregnant worker soon after they disclose their pregnancy or ask for support
- Refusing basic accommodations, such as extra bathroom breaks, a place to sit or limits on lifting
- Making rude or negative comments about pregnancy, body changes or work ability
- Treating a pregnant worker worse than others who have similar short-term medical needs
These adverse employment actions, even seemingly well-intentioned decisions, could be seen as employment discrimination if pregnancy served as a motivating factor.
Taking action against discrimination
If you believe that your employer has discriminated against you due to your pregnancy, then there are multiple options available for you to take. Both the Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights accept discrimination complaints related to pregnancy.
If your employer has 15 or more employees, filing with the EEOC can be more appropriate. You typically have 180 days from the discriminatory act to file a charge, though this deadline may extend to 300 days if a state or local agency also enforces a similar anti-discrimination law.
After you file, they will investigate your complaint and may attempt to mediate between you and your employer for a resolution. When this fails, the EEOC might seek legal action for you or provide you with a “right to sue” letter that allows you to file your own lawsuit.
The New York State Division of Human Rights accepts complaints against employers of any size. You typically have one year to file a complaint with this agency. The investigation process may include gathering evidence, interviewing witnesses and attempting conciliation.
You might also consider filing a lawsuit directly in state or federal court. This option can provide more control over your case and may result in remedies, such as reinstatement, back pay, compensatory damages and, in some cases, punitive damages. An attorney can assist you with the entire process and help evaluate which option might be most appropriate for your situation.