Finding out you’re pregnant should be a time of joy, but for many working parents, it also comes with stress, especially regarding job security. Balancing doctor’s appointments, work, and planning for the future is hard enough without the fear of being treated unfairly or even fired simply for being pregnant. If this is happening to you, it’s not just wrong—it’s illegal.
Federal and state laws protect pregnant employees from such discrimination so no one has to choose between their career and their growing family. However, it’s important to know your rights and take the proper steps if you suspect you’re being mistreated based on your pregnancy. Here’s what you need to know.
Can a Company Fire You for Being Pregnant?
The simple answer is no. Under the Pregnancy Discrimination Act, or PDA, employers can’t fire or discriminate against employees simply because they’re pregnant. The PDA is an amendment to the Civil Rights Act of 1964 and is enforced by the Equal Employment Opportunity Commission or EEOC.
The PDA requires employers to treat pregnant employees the same way they would any other worker with a medical condition that temporarily affects their ability to do their job. This means that if your employer offers accommodations to employees with other medical conditions, it must offer reasonable accommodations to pregnant workers. This same act also bars employers from implementing policies that prevent employees from doing their jobs simply because they are pregnant.
The Pregnant Workers Fairness Act, or PWFA, enacted in 2022, adds more protections. It mandates that employers provide reasonable accommodations for pregnant workers who need them, such as changes to their duties or work environment to support their health and safety throughout pregnancy.
While pregnancy discrimination is illegal, New York operates under an at-will employment system. At-will employment means employers can fire them for any reason that isn’t illegal, such as poor performance. While pregnant workers are protected from discrimination, they may still be fired for reasons unrelated to their pregnancy, such as failure to meet job performance standards.
Which New York Laws Help Protect Against Pregnancy Discrimination?
Although there are multiple federal laws protecting against pregnancy discrimination, New York adds to them. These laws expand on the federal protections provided by the PDA and PWFA:
- New York State Human Rights Law: This law prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. It requires employers to provide the same accommodations and benefits to pregnant workers as they do for workers with other temporary disabilities. The law applies to both public and private employers within the state.
- New York State Paid Family Leave Act: This law provides paid leave to employees who need time off for pregnancy, childbirth, or to care for a newborn. It makes sure pregnant workers don’t face financial hardship while taking leave due to pregnancy-related reasons.
- New York City Human Rights Law: This law expands protections for pregnant employees beyond the protections provided at the state level. It bars employers from discriminating against employees based on pregnancy and requires them to provide reasonable accommodations to pregnant workers. It also requires employers to provide unpaid leave for workers affected by pregnancy or childbirth.
How Can You Prove You Were Fired Due to Pregnancy?
Employers can’t fire you simply because of your pregnancy, and if you think you’ve been terminated for this reason, there are certain steps you must follow to build a strong discrimination case. Steps to proving pregnancy discrimination at work include:
1. Document the Timing of the Termination
If your termination occurred shortly after you announced your pregnancy or took pregnancy-related leave, this timing could serve as an important piece of evidence. An abrupt dismissal shortly after sharing your happy news can raise suspicions of discrimination.
2. Look for Direct Comments or Behavior From Your Supervisor
Think back through the period before your termination, after you announced your pregnancy. Did any of your supervisors or colleagues make comments about your pregnancy that seemed inappropriate or discriminatory? For example, if a manager complained that your pregnancy would interfere with your work, this could indicate pregnancy bias.
3. Review Your Job Performance
Consider your job performance reviews before your pregnancy. If they were consistently positive and you had no complaints before your pregnancy, only to be fired due to alleged performance issues after the announcement, this discrepancy could support your case.
4. Gather Documentation
Collect any emails, messages, and written communication where your pregnancy is mentioned. This could include emails requesting time off for an ultrasound scan or discussing your upcoming leave with HR. These documents can serve as important evidence proving your claim.
5. Speak to Witnesses
If you experienced discriminatory actions or inappropriate commentary related to your pregnancy and your coworkers witnessed it, ask them if they’re willing to provide statements or testimony in your favor. Their statements can go a long way in supporting your case. If possible, gather statements immediately, as memories can fade over time, and witnesses may be harder to reach if the situation changes, such as
What Should You Do if You Suspect Pregnancy Discrimination?
If you think you may have been discriminated against or fired due to your pregnancy, take action right away. Here’s what you can do:
- Collect evidence: Gather all pertinent evidence, such as emails or other forms of communication, that might demonstrate pregnancy discrimination. The more evidence you have, the stronger your case will be.
- Report the discrimination internally: Report the mistreatment to your HR department, supervisor, or appropriate authority within your company. Document all communication with your employer regarding this issue.
- File a claim with the EEOC: If your internal complaint doesn’t resolve the problem or you feel uncomfortable reporting it to your employer, file a claim with the Equal Opportunity Employment Commission online, over the phone, and in person. It will investigate the complaint of discrimination.
- Consult an employment lawyer: In these situations, it’s best to work with an experienced workplace discrimination lawyer. Your lawyer can help you understand your legal rights and options, represent your interests, and communicate with your employer on your behalf.
Contact Joseph & Norinsberg for Your Employment Law Cases
If you believe you’ve been the victim of pregnancy discrimination, our experienced New York employment lawyers at Joseph & Norinsberg are ready to fight for you. Our firm is dedicated to representing the underdog and fighting for the justice hardworking people deserve.
We believe in winning cases through relentless, thorough, and time-consuming preparation outside of court. Every detail matters, and we leave no stone unturned in building the strongest possible case for our clients. Contact us online or call 212-227-5700 today for a free consultation.
