Pregnancy Discrimination: Your Rights at Work

Pregnancy should be a time of planning, not panic. Yet too many workers are pushed out, denied light duty, written up, or sidelined after disclosing a pregnancy. If that sounds familiar, you are not alone—and the law may be on your side. Leeds Brown Law represents employees across New York City, Nassau County, and Suffolk County who face pregnancy-based discrimination, harassment, and retaliation.

What Counts as Pregnancy Discrimination?

Pregnancy discrimination happens when an employer takes negative action against you because you are pregnant, recently gave birth, or have a related medical condition. Examples include:

• Refusing to hire or promote after learning you are pregnant
• Cutting hours, changing schedules, or removing responsibilities without a legitimate reason
• Denying reasonable accommodations recommended by your clinician
• Forcing leave when you are able and willing to work
• Hostile comments, jokes, or “concerns” about maternity leave or “commitment”
• Retaliation for requesting accommodations or complaining to HR

Key Laws That Protect Pregnant Workers

• Pregnancy Discrimination Act (PDA): Employers may not treat pregnancy less favorably than other medical conditions.
• Pregnant Workers Fairness Act (PWFA): Requires reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship.
• PUMP Act: Protects reasonable break time and a private space (not a bathroom) for lactation.
• New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL): Broad protections, including a strong duty to accommodate pregnancy-related needs and a lower threshold for proving harassment.
• FMLA / NY Paid Family Leave: Job-protected leave for qualifying employees to recover from childbirth and bond with a new child.

Reasonable Accommodations You Can Request

Accommodations must be tailored to the job and your needs. Common examples:

• Light duty or reassignment of heavy lifting
• More frequent restroom or water breaks
• Sitting/standing options or modified equipment
• Flexible scheduling for prenatal appointments
• Temporary schedule changes or telework if feasible
• Private lactation space and reasonable pumping breaks

Employers must engage in a good-faith, interactive process. Quick refusals, delays, or “no policy for that” responses are red flags.

Signs of Retaliation After You Disclose Pregnancy

• Sudden negative write-ups or performance plans
• Removal from projects or customer accounts
• Schedule changes that conflict with medical care
• Cold-shoulder treatment or demeaning remarks about future leave
• Termination shortly after requesting an accommodation

How to Protect Your Case

1. Document: Keep a timeline of disclosures, requests, and employer responses. Save emails and texts.
2. Get medical support: Ask your clinician for clear accommodation notes.
3. Use channels: Submit accommodation and complaint requests in writing (HR/manager).
4. Speak to counsel early: Advice before resigning or taking leave can preserve your claims.

What You Could Recover

• Reinstatement or front pay if you were pushed out
• Back pay for lost wages and benefits
• Compensation for emotional harm
• Potential punitive damages in egregious cases
• Attorney’s fees and costs