Pregnancy Discrimination Attorney in New York
Representing New York Employees, Never Employers, Since 2011
Have you noticed unfair treatment at work after announcing your pregnancy? Maybe your hours changed, your supervisor began imposing stricter discipline, or you lost your job. Pregnancy discrimination can affect hiring, assignments, pay, promotions, discipline, hours, benefits, leave, and return-to-work decisions. A worker doesn’t need to wait until termination to seek legal guidance about a denied accommodation or changed treatment.
At Arcé Law Group, our pregnancy discrimination attorneys defend the rights of working people across New York. Since 2011, we’ve represented employees, not employers, in employment law matters involving pregnancy discrimination, retaliation, wrongful termination, gender discrimination, and related workplace claims. We serve clients throughout New York, including New York City, and also represent employees in New Jersey, including Jersey City and Princeton. Federal, state, and local laws may prohibit pregnancy discrimination. We can evaluate how federal, state, and city protections apply to your situation.
Call (866) 426-7182 or contact us online for a free, confidential consultation about your workplace rights.
Federal Laws Protecting Pregnant Workers in New York
Several federal laws protect pregnant workers, including Title VII of the Civil Rights Act, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the Americans with Disabilities Act, and the Family and Medical Leave Act.
The Pregnancy Discrimination Act (PDA) amended Title VII to prohibit sex discrimination based on pregnancy, childbirth, or related medical conditions for employers with 15 or more employees. When making decisions about hiring, firing, pay, benefits, or other job matters, your employer can’t factor in your pregnancy. These decisions must focus on your skills, work track record, and experience. Harassment based on pregnancy or nursing also violates the law.
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, generally requires covered employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so creates an undue hardship. The PWFA is an accommodation law and doesn’t replace laws that prohibit adverse employment decisions based on pregnancy. The FMLA may provide eligible employees with up to 12 weeks of unpaid, job-protected leave for prenatal care, pregnancy-related incapacity, childbirth, or recovery, subject to eligibility and coverage requirements. We handle claims under all of these federal frameworks and file charges with the EEOC when appropriate.
Pregnancy-Related Conditions, Accommodations & the Interactive Process
Under the Americans with Disabilities Act (ADA), a pregnancy-related impairment may qualify as a disability depending on the facts and the statutory definition of disability. If it does, an employer may need to provide a reasonable accommodation and can’t discriminate because of the impairment.
Possible accommodations under the PWFA, PDA, or ADA can include:
- Additional bathroom, food, water, or rest breaks
- Seating or modified workstation arrangements
- Temporary reassignment or light duty
- Assistance with lifting or manual work
- Schedule changes or telework where appropriate
- Leave for medical appointments or recovery
The PWFA generally requires an employer and employee to communicate about the limitation and potential effective accommodations. An employer generally can’t force an employee to take leave when another effective reasonable accommodation is available. Under the PDA, an employer must also provide pregnant employees the same treatment given to other employees with similar limitations, including modified duties, alternative assignments, or disability leave. If your employer denies fair accommodations, you may have grounds for a pregnancy discrimination claim.
Pregnancy Leave & Maternity Leave
If other employees can take leave when temporarily disabled, then the PDA requires that pregnant employees have the same opportunity. Leave rights depend on the employer, employee eligibility, the reason for leave, and the applicable statute.
Under the Family and Medical Leave Act, eligible employees may qualify for up to twelve weeks of unpaid leave, although accrued paid time may be available. An employer generally can’t require a pregnant employee to stop working when the employee can perform the job, with or without a reasonable accommodation. Pregnancy-related leave should not be treated less favorably than comparable leave provided to other employees. A return-to-work dispute may involve failure to restore the employee to their position, changed duties, reduced hours, loss of benefits, or termination after leave.
New York City provides additional protections through the New York City Human Rights Law.
The Rights of Nursing Mothers
The Fair Labor Standards Act, as amended by the PUMP Act and enforced by the U.S. Department of Labor, generally requires covered employers to provide nursing employees with reasonable break time and a private, non-bathroom space to express breast milk at work for up to one year after a child’s birth. New York City law also requires employers to provide a private, clean, non-bathroom space and reasonable break time for nursing employees to pump at work. The lactation room must be shielded from view and free from intrusion. Interference with pumping, denial of an appropriate space, discipline after requesting lactation accommodations, or retaliation may create legal issues under applicable law. If your employer denies you an appropriate lactation room or interferes with your ability to pump, you may have protections under city and state law.
How the New York City Human Rights Law Protects Pregnant Employees
The New York City Human Rights Law gives pregnant workers broader legal protection than federal law in several respects. The law applies to employers with as few as four employees and one or more domestic workers. It prohibits discrimination based on actual or perceived pregnancy and requires reasonable accommodations for pregnancy, childbirth, and related medical conditions without requiring the employee to establish that the pregnancy itself qualifies as a disability. Accommodations may include frequent restroom breaks, lighter duties, modified schedules, or time off for medical appointments.
If you work in New York City, you can seek help through the New York City Commission on Human Rights, which investigates claims and enforces the city’s anti-discrimination rules. Depending on the claim and forum, available remedies may include compensatory damages, reinstatement, and civil penalties. Because the New York City Human Rights Law applies a broader standard for proving discrimination or retaliation, employees in the five boroughs often have more legal options than those available under state or federal law alone. We represent New York City employees and are admitted to the U.S. District Courts for the Southern and Eastern Districts of New York and the U.S. Court of Appeals for the Second Circuit.
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What to Do If You Experienced Pregnancy Discrimination
If you suspect pregnancy discrimination, the appropriate legal route will depend on what happened, where you work, and which laws apply. Our attorneys can review your account and supporting evidence, explain your options, and determine whether an agency filing or lawsuit may be appropriate.
Preserving Records & Taking Early Action
Before filing any charge or taking formal action, gather and preserve records that may support your claim. Potentially useful evidence includes emails, text messages, schedules, performance reviews, disciplinary notices, accommodation requests, medical notes, termination documents, and witness information. A timeline connecting your pregnancy announcement, accommodation request, leave, complaint, or return to work with later employment actions can be especially helpful in demonstrating a pattern of adverse treatment.
A worker should preserve relevant records lawfully and avoid removing confidential employer information unrelated to the claim. It’s also important to seek legal guidance before signing a severance agreement, resigning, or allowing a filing deadline to pass. We offer private, judgment-free consultations for employees at every level, from entry-level workers to C-suite executives, and our team has handled thousands of employment cases since 2011.
Filing a Charge with the EEOC
You typically have a limited window from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). In New York, workers commonly have a 300-day period to file a federal charge because New York has a qualifying state agency, but the applicable deadline depends on the specific claim and facts and should be verified before relying on it. If your case involves a violation of federal law, you may pursue this administrative track before going to court. The EEOC may investigate, offer mediation or conciliation, and issue further administrative determinations or notices depending on the outcome. A worker shouldn’t assume that contacting an employer, another agency, or an attorney automatically preserves every deadline. We file charges with the EEOC on behalf of New York employees and are admitted to the federal district courts and the U.S. Court of Appeals for the Second Circuit.
In New York City, agencies like the New York City Commission on Human Rights enforce anti-discrimination laws. Filing a complaint with a city or state agency can help safeguard your rights under city, state, and federal law.
If an EEOC charge doesn’t resolve your case, our attorneys may advise filing in federal court.
Filing with New York or New Jersey Civil Rights Agencies
You can also file a charge with the New Jersey Division on Civil Rights (DCR) if your employer is covered under the New Jersey LAD. The DCR can investigate, attempt to settle the case through mediation, or hold a hearing at the Office of Administrative Law. For New York State claims, the New York State Division of Human Rights enforces the New York State Human Rights Law, which applies to employers regardless of size. The New York City Commission on Human Rights and the New York State Division of Human Rights are distinct agencies with different jurisdictional rules and filing procedures. The appropriate agency or court depends on where the conduct occurred, the employer’s coverage, the worker’s status, the claims asserted, and the applicable deadlines.
Choosing a Pregnancy Discrimination Lawyer in New York
Selecting the right legal team can make it easier to navigate the stress and uncertainty that follow workplace discrimination. When you consult with a pregnancy discrimination attorney in New York, you should feel comfortable discussing sensitive details and confident that your lawyers understand both the legal issues and the realities of working in demanding environments. Ask how often they handle cases under the New York City Human Rights Law and whether they regularly appear before local agencies such as the New York City Commission on Human Rights or in courts across the boroughs.
It also helps to look for attorneys who focus on representing employees, not employers, and who are familiar with how pregnancy discrimination can overlap with other claims like retaliation or wage violations. Arcé Law Group represents only employees and never employers, giving us a clear focus and no conflicts of interest. Attorney Bryan Arce served as a judicial intern at the EEOC, which gives him direct insight into how agencies evaluate these claims. Our team includes Bryan S. Arce and Of Counsel attorneys Gregory Kirschenbaum, Jesse S. Weinstein, Christine Hintze, Laura Bellini, and Kelsey Tubman. A consultation can address whether the facts suggest discrimination, denial of accommodation, retaliation, harassment, wrongful termination, or another employment claim, and what forum, timeline, and fee arrangement applies to your situation.
Deadlines vary depending on the statute, agency, forum, and claim type, and no single filing period applies to every pregnancy discrimination case in New York. Claims under the New York City Human Rights Law brought in court generally have a three-year limitations period from the last discriminatory act, while complaints filed with the New York City Commission on Human Rights generally have a one-year period, with a longer period available for gender-based harassment claims. Federal EEOC deadlines and New York State agency or court deadlines may differ from New York City deadlines. The filing deadline may also depend on a continuing violation theory and the specific claims asserted. Prompt legal review is important because contacting an attorney doesn’t itself file a charge or lawsuit. Delaying could limit or eliminate your options.
