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Pregnancy Discrimination in New York: Your Rights and Protections

Pregnancy discrimination occurs when an employer treats you unfairly because you’re pregnant, have been pregnant, or may become pregnant. In New York, strong protections prohibit pregnancy discrimination and require employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions.

New York State Human Rights Law (NYSHRL) treats pregnancy discrimination as sex discrimination, requires reasonable accommodations for pregnancy-related conditions, protects lactation rights, and provides three years to file a complaint with unlimited damages. New York’s pregnancy protections often exceed federal requirements.

Why This Matters in New York

Pregnancy discrimination remains shockingly common. Many women are fired, demoted, or denied hire when employers learn they’re pregnant. Others are forced to choose between their health and their jobs when employers deny reasonable accommodations.

New York’s protections matter because:

Mandatory reasonable accommodation: Unlike federal law, New York explicitly requires employers to accommodate pregnancy-related conditions, not just disabilities.

Broader coverage: NYSHRL covers employers with 4+ employees versus Title VII’s 15+ requirement.

Lactation rights: Comprehensive protections for breastfeeding and pumping, including private space and reasonable break time.

Longer filing deadline: Three years under NYSHRL versus 300 days under federal law.

Unlimited damages: No caps on compensatory or punitive damages for pregnancy discrimination.

Paid family leave: New York requires paid family leave for bonding with a new child (separate from discrimination protections).

Understanding these rights helps you recognize when pregnancy discrimination occurs and enforce your protections.

What Is Pregnancy Discrimination Under NYSHRL?

Pregnancy discrimination includes any adverse employment action motivated by pregnancy, childbirth, or related medical conditions.

Protected Conditions

NYSHRL protects against discrimination based on:

Pregnancy: Current pregnancy, regardless of stage

Childbirth: Labor, delivery, and postpartum recovery

Related medical conditions:

  • Morning sickness and hyperemesis gravidarum
  • Gestational diabetes
  • Preeclampsia and high blood pressure
  • Pregnancy-related back pain and mobility issues
  • High-risk pregnancy complications
  • Bed rest requirements
  • Pregnancy loss and miscarriage
  • Lactation and breastfeeding

Potential pregnancy: Discrimination because an employer assumes you might become pregnant

Past pregnancy: Discrimination based on pregnancy history

Forms of Pregnancy Discrimination

Refusal to hire: Not hiring qualified pregnant applicants or applicants who might become pregnant, including:

  • Asking about pregnancy or family plans in interviews
  • Rejecting pregnant candidates even when qualified
  • Refusing to hire women of childbearing age due to pregnancy concerns
  • Withdrawing job offers after learning of pregnancy

Termination: Firing employees because of pregnancy, including:

  • Terminating pregnant workers to avoid accommodation or leave obligations
  • Using pregnancy-related absences as pretext for termination
  • Firing women who announce pregnancy
  • Forcing pregnant workers to quit through hostile treatment

Denial of accommodation: Refusing reasonable accommodations for pregnancy, including:

  • Denying requests to sit, lift less weight, or modify duties
  • Refusing schedule modifications for prenatal care
  • Denying bathroom breaks or water access
  • Forcing pregnant workers to take unpaid leave instead of providing accommodation

Forced leave: Requiring pregnant employees to take leave when they’re able and willing to work

Demotion or pay reduction: Reducing responsibilities or pay due to pregnancy

Denial of promotion: Passing over pregnant employees for advancement based on assumptions about their future availability or commitment

Lactation discrimination: Denying reasonable break time or private space for pumping breast milk

Harassment: Creating a hostile work environment through pregnancy-related comments, jokes, or invasive questions

Benefits denial: Providing less favorable insurance, leave, or other benefits to pregnant employees

Real-World Examples of Pregnancy Discrimination

Hiring rejection after pregnancy disclosure: A woman interviews for an administrative position and is told she’s the top candidate. When she mentions she’s three months pregnant, the interviewer’s demeanor changes. She receives a rejection email the next day claiming the position was filled internally. This sudden reversal after pregnancy disclosure suggests discrimination.

Accommodation denial for morning sickness: A pregnant employee with severe morning sickness requests permission to arrive 30 minutes later to avoid her worst nausea period, offering to stay 30 minutes later or work through lunch. Her employer refuses, saying “everyone starts at 8 AM” and fires her when morning sickness causes tardiness. This accommodation denial violates New York law.

Termination announcement timing: An employee announces her pregnancy on Monday. On Friday, she’s fired for “performance issues” that were never mentioned in her recent positive review. The suspicious timing suggests pregnancy motivated the termination.

Modified duty denial: A pregnant warehouse worker requests temporary reassignment from heavy lifting (which her doctor advised against) to available light-duty work. Her employer refuses and places her on unpaid leave instead, despite accommodating workers injured on the job. This discriminatory denial of accommodation violates NYSHRL.

Lactation space denial: A new mother returns from maternity leave and requests a private room and reasonable break time to pump breast milk. Her employer offers only a bathroom stall and refuses additional breaks beyond her standard 30-minute lunch. This violates New York’s lactation accommodation requirements.

Assumption of resignation: When an employee announces her pregnancy, her supervisor says “I assume you won’t be returning after the baby” and begins interviewing replacements. The employee had no intention of resigning. This forced departure based on pregnancy assumptions violates NYSHRL.

High-risk pregnancy leave denial: A pregnant employee with a high-risk condition needs modified scheduling for frequent doctor appointments. Her employer claims “we can’t spare you for all these appointments” and suggests she take unpaid leave for the remainder of her pregnancy. Forcing unnecessary leave instead of reasonable accommodation violates the law.

Benefits disparity: An employer provides short-term disability benefits for all medical conditions except pregnancy-related disabilities. This differential treatment of pregnancy violates NYSHRL.

Interview family planning questions: During interviews, a hiring manager asks female candidates “do you plan to have children?” and “how will you balance work and family?” She doesn’t ask men these questions. A qualified woman who revealed pregnancy plans is rejected. The gender-based questioning and pregnancy-related decision violate NYSHRL.

Gestational diabetes accommodation failure: An employee develops gestational diabetes and requests permission to check blood sugar and keep snacks at her desk. Her employer refuses, citing “food at desk” policies strictly enforced only for her. This accommodation denial and disparate enforcement suggest pregnancy discrimination.

Promotion denial due to pregnancy: A pregnant employee applies for a promotion she’s qualified for. The hiring manager selects a less experienced non-pregnant candidate, later telling a coworker he didn’t want to promote someone who’d “be distracted by a new baby.” This pregnancy-based promotion denial violates NYSHRL.

Bathroom break denial: A pregnant retail worker needs frequent bathroom breaks due to pregnancy-related bladder pressure. Her manager refuses, saying “customers come first” and disciplines her for taking unauthorized breaks. Denying necessary pregnancy-related accommodations violates New York law.

Hostile comments creating hostile environment: Coworkers repeatedly make comments about a pregnant employee’s body, ask invasive medical questions, predict she won’t return after the baby, and joke about pregnancy brain. Management knows but takes no action. This pregnancy-based hostile work environment violates NYSHRL.

Post-maternity leave retaliation: An employee returns from maternity leave to find her best accounts reassigned and her responsibilities diminished. Her supervisor explains he’s “easing her back in since she has a lot on her plate now.” This paternalistic demotion based on motherhood violates NYSHRL.

Miscarriage privacy violation: An employee experiences a miscarriage and takes a few days off, providing a medical note for “medical leave.” Her supervisor announces to the department she had a miscarriage and discusses her medical situation without permission. This privacy violation and potential discrimination based on pregnancy loss violate employment law.

Bed rest accommodation denial: A pregnant employee’s doctor orders bed rest for pregnancy complications. She requests work-from-home accommodation for her computer-based job. Despite the company allowing remote work during COVID-19, her employer refuses and forces her onto unpaid leave. This accommodation denial violates NYSHRL.

Reasonable Accommodation for Pregnancy

New York law explicitly requires employers to provide reasonable accommodations for pregnancy-related conditions, mirroring disability accommodation requirements.

What Accommodations Must Employers Provide?

Employers must provide reasonable accommodations for pregnancy, childbirth, and related medical conditions unless doing so creates undue hardship (significant difficulty or expense).

Common pregnancy accommodations:

  • Modified work schedules (later start times, flexible hours, part-time temporarily)
  • Ability to sit instead of stand during shifts
  • Temporary reassignment of heavy lifting or physically strenuous tasks
  • Modified break schedules for bathroom needs, blood sugar checks, or rest
  • Temporary transfer to less strenuous or hazardous work
  • Time off for prenatal care appointments
  • Permission to keep water and snacks at workstation
  • Ergonomic modifications (better seating, desk adjustments)
  • Work-from-home arrangements for high-risk pregnancies
  • Leave for pregnancy-related medical issues

The Interactive Process

Like disability accommodation, pregnancy accommodation requires an interactive process:

  1. Employee requests accommodation: Inform your employer you need accommodation due to pregnancy or related condition. Provide medical documentation if requested.

  2. Employer engages in dialogue: Your employer should discuss your limitations and explore accommodation options.

  3. Identify effective accommodation: Together determine accommodations that allow you to continue working without creating undue hardship.

  4. Implementation: Employer implements the accommodation.

  5. Monitoring: If the accommodation proves ineffective or conditions change, the interactive process continues.

What Employers Cannot Do

Force unpaid leave: Employers cannot require pregnant employees to take leave if reasonable accommodation would allow them to continue working.

Deny accommodation without analysis: Employers must genuinely evaluate whether accommodation creates undue hardship, not simply refuse based on inconvenience.

Treat pregnancy less favorably than other conditions: If employers accommodate injured workers or employees with other temporary conditions, they must provide similar accommodations for pregnancy.

Retaliate for requesting accommodation: Firing, demoting, or penalizing employees for requesting pregnancy accommodation is separately illegal.

Lactation Rights in New York

New York law provides strong protections for breastfeeding and pumping employees.

Break Time for Pumping

Employers must provide:

  • Reasonable break time to express breast milk
  • Breaks as needed (typically every 2-3 hours for nursing mothers)
  • Breaks for up to three years following childbirth

Employers can require you to use existing paid breaks for pumping. Additional time beyond paid breaks may be unpaid unless you’re exempt from overtime requirements.

Private Lactation Space

Employers must provide:

  • A private location (not a bathroom) for pumping
  • Space must be shielded from view and free from intrusion
  • Access to an electrical outlet (if needed)
  • Proximity to running water (preferred but not strictly required)

Employers are not required to create a permanent dedicated lactation space if providing temporary access to a private room when needed.

Protections Against Discrimination

Employers cannot:

  • Terminate or discipline employees for pumping or requesting lactation accommodation
  • Deny promotions or opportunities because of lactation needs
  • Create a hostile environment through comments about breastfeeding or pumping
  • Retaliate against employees who assert lactation rights

Pregnancy and Family Leave

New York provides several types of protected leave related to pregnancy and parenthood.

Paid Family Leave (PFL)

New York’s Paid Family Leave program provides:

  • Partial wage replacement during leave (percentage of average weekly wage)
  • Up to 12 weeks of paid leave per year
  • Job protection (right to return to same or comparable position)
  • Coverage for bonding with a new child (birth, adoption, or foster placement)

PFL is insurance-funded, not a discrimination law, but complements pregnancy discrimination protections.

Disability Leave for Pregnancy

Pregnancy-related disabilities (complications, recovery from childbirth, etc.) may qualify for:

  • Short-term disability benefits
  • FMLA leave (if you work for a covered employer)
  • Reasonable accommodation instead of or in addition to leave

Unpaid Leave Protections

Even without paid leave, NYSHRL prohibits:

  • Firing employees for taking necessary medical leave related to pregnancy
  • Denying leave that would be provided for other medical conditions
  • Counting pregnancy-related absences against attendance policies more harshly than other medical absences

How to Prove Pregnancy Discrimination

Pregnancy discrimination cases typically require showing pregnancy motivated the adverse action.

Types of Evidence

Direct evidence: Explicit statements revealing pregnancy bias:

  • “We can’t have pregnant women in this role”
  • “You should focus on your baby, not work”
  • Comments questioning your commitment or reliability due to pregnancy
  • Invasive questions about pregnancy plans

Temporal evidence: Suspicious timing:

  • Termination shortly after pregnancy announcement
  • Demotion after requesting pregnancy accommodation
  • Suddenly negative performance reviews following pregnancy disclosure

Comparator evidence: Different treatment compared to others:

  • Non-pregnant workers with similar accommodation needs were accommodated
  • Workers with other temporary medical conditions received modified duty
  • Men taking parental leave treated better than women

Pretext evidence: Showing stated reasons are false:

  • “Performance problems” never documented before pregnancy
  • Changing explanations for the adverse action
  • “Business reasons” that don’t withstand scrutiny

Pattern evidence: Systematic treatment:

  • Company history of firing or demoting pregnant workers
  • Consistent denial of pregnancy accommodations
  • Pattern of pregnancy-related terminations

Medical documentation: Evidence supporting your need for accommodation or leave

What to Do If You’re Experiencing Pregnancy Discrimination

1. Request accommodation in writing: Put accommodation requests in writing, specifying what you need and that it’s pregnancy-related. Keep copies.

2. Provide medical documentation: If your employer requests it, provide documentation from your healthcare provider confirming pregnancy and need for accommodation.

3. Document everything: Keep detailed records of accommodation requests, denials, discriminatory comments, and evidence of different treatment.

4. Report internally: File written complaints with HR if discrimination occurs. Follow company reporting procedures. Keep copies.

5. Know your leave rights: Understand what leave you’re entitled to under PFL, disability benefits, FMLA, and other programs.

6. Preserve evidence: Save emails, texts, performance reviews, accommodation requests and responses, and other relevant documents.

7. Consult an employment attorney: Attorneys specializing in pregnancy discrimination can help you enforce your rights and pursue legal action if necessary.

8. File a complaint: You can file with the New York State Division of Human Rights (NYSDHR) or the Equal Employment Opportunity Commission (EEOC). You have three years under NYSHRL versus 300 days under Title VII.

9. Protect against retaliation: Document any retaliation following pregnancy-related requests or complaints. Retaliation is separately illegal.

For information about the filing process, see filing an NYSDHR complaint.

Common Questions About Pregnancy Discrimination

Can my employer ask if I’m pregnant in a job interview?

No. Pre-employment questions about pregnancy, family plans, or childcare are evidence of pregnancy discrimination. These questions are rarely job-related and suggest discriminatory intent.

Do I have to tell my employer I’m pregnant?

You’re not legally required to disclose pregnancy, but you may need to if you require accommodation or pregnancy-related leave. Once you request accommodation or protected leave, disclosure is necessary.

Can my employer fire me for missing work due to morning sickness?

If your morning sickness requires medical attention or reasonable accommodation, firing you for related absences likely constitutes pregnancy discrimination. Your employer should engage in the interactive process to provide accommodation.

What if my employer says they can’t afford pregnancy accommodations?

Most pregnancy accommodations (sitting instead of standing, bathroom breaks, schedule modifications) cost nothing. Your employer must show accommodation creates genuine undue hardship—significant difficulty or expense relative to their resources—not mere inconvenience.

Can my employer require me to take unpaid leave instead of accommodating my pregnancy?

No. If reasonable accommodation would allow you to continue working, your employer cannot force you onto unpaid leave. This is one of pregnancy accommodation’s core protections.

What if I’m fired while on maternity leave?

Termination during pregnancy-related leave may constitute pregnancy discrimination and/or retaliation. Your employer would need to prove the termination was for legitimate reasons completely unrelated to your pregnancy or leave.

Can my employer reduce my pay or responsibilities after I return from maternity leave?

Not based on your pregnancy or leave. Demoting or reducing pay because you have a new baby violates pregnancy discrimination protections. Assumptions about working mothers’ commitment or availability are discriminatory.

Do small companies have to provide pregnancy accommodations?

Yes. NYSHRL covers employers with 4 or more employees, requiring pregnancy accommodations even from small businesses (though undue hardship analysis may differ based on employer size and resources).

What if my employer provides the same benefits for pregnancy as other medical conditions?

That’s the legal requirement. Employers must treat pregnancy at least as favorably as other temporary medical conditions. Providing less favorable treatment to pregnancy violates NYSHRL.

Related Topics

Legal Disclaimer

This guide provides general information about pregnancy discrimination under New York State Human Rights Law. It is not legal advice and does not create an attorney-client relationship. Pregnancy discrimination law is complex and highly fact-specific. Your situation may involve unique circumstances affecting your rights.

For advice about your specific situation, consult a qualified New York employment attorney. Many offer free consultations and work on contingency, meaning you pay nothing unless you recover damages.

Time limits apply to discrimination claims. Don’t delay in seeking legal help.

Sources and Additional Resources: