Pregnancy can be one of the most exciting and physically demanding times in a person’s life. For those who continue to work while expecting, balancing job responsibilities and personal health can be especially challenging. The good news? You don’t have to go through it alone. Under both federal and New York laws, your employer is legally required to provide reasonable accommodations that support your health and well-being at work.
At Joseph & Norinsberg, we are passionate about representing our clients. With more than 75 years of combined experience and a relentless drive to secure justice, our team of highly skilled employment lawyers is here to help you understand your rights and take action when those rights are denied.
What Are Reasonable Accommodations for Pregnancy at Work?
Reasonable accommodations are changes or adjustments to a job or work environment that enable a pregnant employee to continue performing essential job functions without risking their health or their baby’s health. This is not special treatment. It is a legal right under federal and New York law.
If you’re pregnant and need support at work, the first step is to communicate openly with your employer. Clearly explain your needs, and when necessary, provide documentation from your health care provider. Most employers are legally required to engage in a good-faith conversation with you to determine reasonable accommodations.
What Are Examples of Reasonable Accommodations for Pregnancy at Work?
Reasonable accommodations for pregnancy can vary depending on the nature of the job and the specific needs of the employee. Common examples include:
- More frequent breaks: Taking additional breaks to rest, hydrate, or use the restroom regularly to help manage fatigue and physical strain.
- Modified work schedules: Starting later in the day, leaving earlier, or working part-time hours can help pregnant workers manage morning sickness, medical appointments, or general discomfort.
- Remote work or telecommuting: For some jobs, allowing the employee to work from home can reduce commute-related stress and exposure to illness.
- Reassignment of nonessential tasks: Removing or modifying physically demanding duties such as heavy lifting or prolonged standing
- Allowing seating or ergonomic adjustments: Allowing a stool or chair at a workstation or adjusting a desk setup for comfort
- Temporary transfers: When available, moving to a less strenuous or safer position can be a short-term solution that supports the health of both the employee and the baby.
- Leave for prenatal appointments or bed rest: Permitting time off for necessary health care without penalty
Employers are expected to work in good faith with employees to identify and implement suitable adjustments.
Which Laws Help Provide Accommodations for Pregnant Women at Work?
Pregnant workers are protected by a growing body of federal and state laws aimed at ensuring fair treatment in the workplace.
Federal Law: Pregnant Workers Fairness Act (PWFA)
One of the most significant developments is the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023. This federal law requires employers to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would impose an undue hardship on the operation of the business.
An “undue hardship” typically means significant difficulty or expense when considering the employer’s size, resources, and the nature of the accommodation. The standard is meant to balance the rights of employees with the legitimate operational needs of businesses.
Under the PWFA, employers must engage in an interactive process with the employee to determine a reasonable accommodation. Importantly, this law fills previous gaps in federal protections and aligns pregnancy accommodations more closely with those already granted under the Americans with Disabilities Act (ADA).
New York Law: State and City Protections
In New York, pregnant workers enjoy additional protections under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL).
Under the NYSHRL, employers must provide reasonable accommodations for pregnancy-related conditions, including modifications such as additional breaks, changes in work schedules, or temporary transfers. They must also engage in a cooperative dialogue with employees to determine and implement appropriate adjustments.
Under the NYCHRL, employers must provide accommodations for needs arising from pregnancy, childbirth, or related medical conditions, regardless of whether or not the condition qualifies as a disability. This may include extra rest breaks, help with physical tasks, and unpaid medical leave. Employers are also required to engage in a cooperative dialogue and issue a written determination of any adjustments provided or denied.
Together, these laws help ensure that pregnant workers are not forced to choose between their health and their livelihood. When employers fail to comply, workers can file complaints with the New York State Division of Human Rights or the New York City Commission on Human Rights. They also have the right to pursue legal action in court.
What Should You Do if You Are Experiencing Pregnancy Discrimination at Work?
If you’re facing pregnancy discrimination at work, whether it’s being denied accommodations, passed over for opportunities, or subjected to unfair treatment, know that you have rights, and there are steps you can take to protect them.
Pregnancy discrimination often goes unreported because workers fear retaliation or don’t realize the law protects them. But under federal and New York law, it’s illegal for your employer to fire, demote, or harass you for requesting accommodations. If you’re unsure whether your treatment qualifies as discrimination, speaking with a lawyer can provide clarity.
- Document everything: Keep a written record of discriminatory comments or actions, missed opportunities, denied accommodations, and any conversations with your employer about your pregnancy.
- Report internally: Most companies have procedures for reporting discrimination, often through Human Resources. File a formal complaint and keep a copy for your records.
- Consult an employment lawyer: If your concerns are not taken seriously or the problem continues, an experienced attorney can evaluate your situation, help you understand your legal options, and advocate on your behalf.
Pregnancy should never be a barrier to maintaining your livelihood. If you’re feeling unsupported at work due to your pregnancy, get in touch with a legal professional.
Contact Joseph & Norinsberg For Your Employment Law Cases
Facing pregnancy discrimination can feel overwhelming, but you don’t have to handle it alone. At Joseph & Norinsberg, we’re committed to helping you fight for the fair treatment you deserve. Understanding your rights and the proper steps to take is the first step toward a solution.
Whether you’re seeking accommodations or navigating any issue related to your pregnancy and employment, help is available. Contact us online or call 212-227-5700 today for a free consultation.
