What to Do if You’re Facing Pregnancy Discrimination at Work

Key Takeaways

Pregnancy discrimination in the workplace is illegal under the federal Pregnancy Discrimination Act of 1978, as well as under New York state and local laws.
If you’re experiencing pregnancy discrimination, start taking thorough notes and gathering relevant documents to present to HR.
If your employer tries to illegally fire you for being pregnant, consider reaching out to an experienced workplace discrimination lawyer.

Have you been passed over for a promotion? Were you berated by your boss and excluded from meetings? Have you been denied reasonable workplace accommodations? If you’ve experienced mistreatment at work since announcing your pregnancy, you probably feel that what should be a joyous and life-changing event has turned into a living nightmare.

Workplace pregnancy discrimination is illegal under both state and federal laws. If your employer has discriminated against you due to your pregnancy, you have rights and options for seeking justice.

Your Rights as a Pregnant Employee

The Pregnancy Discrimination Act of 1978 extended federal workplace protections for discrimination and harassment to apply to workers’ pregnancy status. Under the law, your employer cannot fire you, refuse to hire you, or make any other employment decisions based on your pregnancy or related health conditions.

Meanwhile, the federal Pregnant Workers Fairness Act requires employers to provide reasonable accommodations to pregnant workers when asked. You’re also entitled to a workplace free of harassment, and your employer can be held liable for failing to prevent or address a hostile work environment.

What to Do Next

If you believe you’ve been discriminated against because of your pregnancy, it’s important to take action as soon as possible. Take the following steps:

Document Everything

Take detailed notes about any incidents of possible discrimination, including what happened, when they occurred, and who was there. Gather and preserve any employment records, written communications, or other documents that could help support your claims.

Review Policies and Past Treatment

Read your employee handbook and examine other company policies and procedures, noting any potential rule violations. If possible, compare your treatment to that of other employees under similar circumstances and highlight any discrepancies.

Report the Issue

Once you’ve compiled your evidence, bring your documents to human resources to file a formal complaint. If going to HR doesn’t prompt the company to resolve the problem, you may need to pursue an external complaint with a government agency.

Be Careful With Agreements

If an employer wants to offer you a settlement or revised employment agreement after you made your complaint, be wary of its contents. Signing a document without having a legal professional review it first could have significant consequences later.

Can You Be Fired for Being Pregnant?

Firing an employee for being pregnant would be a straightforward case of illegal employment discrimination. However, offenders are rarely blatant. Your employer may attempt to target you for layoffs or find a different reason to terminate your position, giving them plausible deniability. An experienced workplace discrimination lawyer can help you prove intent and protect your rights.

When to Speak With a Lawyer

The right attorney can be a helpful ally at any stage of the process. If you experience any of the following, it might be time to talk to a lawyer:

You’ve been terminated or targeted for a layoff.
Your supervisor has retaliated against you after you made a formal complaint, such as cutting your hours or giving you unfavorable assignments.
Your employer has refused to grant you reasonable accommodations to help you work during your pregnancy.
You believe your employer is engaging in ongoing discrimination, such as refusing to hire pregnant workers or asking candidates if they plan on having kids.

The experienced NYC pregnancy discrimination lawyers at Joseph & Norinsberg can investigate and gather evidence to build a strong case, prove pregnancy discrimination, and hold your employer accountable.

Facing Pregnancy Discrimination at Work? Take the Next Step

You don’t have to face injustice alone. At Joseph & Norinsberg, we’re committed to fighting relentlessly for the underdog. Our trusted New York discrimination lawyers have more than 75 years of combined experience protecting the rights of workers like you. We’re ready to use our extensive knowledge of employment law to fight for the justice you deserve.

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Content Reviewed By:

Bennitta L. Joseph

| Founding Partner

June 25, 2026

Bennitta L. Joseph is one of New York City’s leading employment trial attorneys, with more than 25 years of experience fighting for workers in high-stakes workplace disputes. Bennitta is known for taking on powerful corporations, institutions, executives, and public figures in cases involving discrimination, harassment, retaliation, wrongful termination, wage disputes, and executive compensation.