Pregnancy Discrimination Lawyers in New York 

Serving Clients in New York, New Jersey, Pennsylvania, & Florida

While pregnancy and maternity can be wonderful experiences, it can also lead to employers, coworkers, or customers acting on preconceived ideas about what a pregnant or new parental worker is capable of doing. You should be able to come to the workplace and be free from discriminatory attitudes because of your pregnancy, labor, or childbirth. 

If you suffer pregnancy discrimination on the job, you should call trusted pregnancy discrimination lawyers. Our firm seeks the best results for pregnant workers and mothers. We have negotiated many settlements and won substantial awards at trials.

Contact our New York pregnancy discrimination lawyer online or by calling (866) 229-9441 today!

Common Examples of Pregnancy Discrimination

Some common examples of discrimination faced by pregnant employees include:

• Refusal to hire or promote: Employers may deny job opportunities or promotions to pregnant individuals based on their pregnancy status or the assumption that they may require time off or accommodations.
• Termination or forced resignation: Pregnant employees may face unfair dismissal or pressure to resign due to their pregnancy, despite their job performance.
• Denial of reasonable accommodations: Employers may fail to provide necessary accommodations for pregnant employees, such as modified work schedules, temporary reassignments, or the ability to sit or stand as needed.
• Harassment or hostile work environment: Pregnant employees may experience offensive or derogatory comments, jokes, gestures, or discriminatory treatment related to their pregnancy.
• Loss of benefits or privileges: Employers might deny pregnant employees access to certain benefits, bonuses, or career opportunities that are available to other employees.
• Unequal treatment: Pregnant employees may receive differential treatment compared to their non-pregnant colleagues in terms of workload, assignments, training opportunities, or performance evaluations.

If someone believes they have experienced discrimination, it is advisable to consult with a legal professional to understand their rights and pursue appropriate recourse.

Do You Have a Pregnancy Discrimination Lawsuit?

Discrimination may arise whether you’re trying to become pregnant, already pregnant, or recently gave birth. If an employer or potential employer takes adverse actions against you based on your pregnancy, you may have a legal claim. Adverse employment actions may include:

• Failure to Hire
• Firing or Layoffs
• Failure to Promote
• Demotion or Harassment
• Unequal Pay
• Failure to Provide Reasonable Accommodation

If you face these actions and believe they’re tied to your pregnancy, pregnancy-related condition, or childbirth, contact our skilled discrimination lawyers today. You are not required to disclose your pregnancy unless it affects your ability to perform your job. Similarly, you are not obligated to take leave unless medically necessary due to your pregnancy-related condition.

If you've been the victim of discrimination due to your pregnancy, contact our New York pregnancy discrimination attorney by calling (866) 229-9441 today!

Does the Pregnancy Discrimination Act Protect Me as a Pregnant Woman?

The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnant employees the same as other temporarily disabled employees, including providing accommodations like modified job duties or leave. However, the PDA only applies to businesses with at least 15 employees.

While pregnancy itself is not classified as a disability, certain pregnancy-related conditions—such as gestational diabetes, preeclampsia, or pregnancy-induced carpal tunnel syndrome—may qualify as disabilities under the Americans with Disabilities Act (ADA). The ADA mandates that employers provide reasonable accommodations to employees affected by these conditions if they can still perform essential job functions with modifications.

If you are employed by a smaller business or in a state with additional protections, such as New York, your rights are still safeguarded. The New York State Human Rights Law and New York City Human Rights Law explicitly define pregnancy-related conditions—like preeclampsia or gestational diabetes—as disabilities, requiring your employer to provide reasonable accommodations unless doing so would create an undue burden.

Reasonable accommodations might include:

• Modified work schedules
• Temporary reassignment to light duty
• Medical leave
• Additional breaks (e.g., for rest or hydration)

The Family Medical Leave Act (FMLA) also allows up to 12 weeks of unpaid, job-protected leave for the birth of a child, which can be taken by both parents.

Timing and Circumstantial Evidence

If discrimination occurs near the time of pregnancy disclosure or when pregnancy becomes visible, it may indicate unlawful behavior. This can be supported by circumstantial evidence, such as being fired or demoted shortly after announcing pregnancy or returning from maternity leave.

Pregnancy Discrimination and the EEOC

The Equal Employment Opportunity Commission (EEOC) enforces these protections, ensuring pregnant employees are treated equally in all aspects of employment. Discrimination may include being denied promotions, being forced to take leave, or experiencing harassment due to pregnancy.

Temporary Disability and the Pregnant Workers Fairness Act

New York City’s Pregnant Workers Fairness Act provides added protections, ensuring that employers with at least four employees must provide reasonable accommodations to pregnant workers, even if the pregnancy-related condition is not recognized as a disability under the ADA. The reasonableness of accommodations is assessed based on the employer’s resources.

Forced Unpaid Leave and Discrimination

Pregnant employees are entitled to the same treatment as other temporarily disabled workers. Employers cannot force pregnant employees to take unpaid leave if they can continue to perform their job duties. If you’ve been forced to take unpaid leave due to pregnancy, you may have the right to seek compensation for lost wages or other damages.

Legal Guidance for Pregnancy Discrimination Claims in NYC

If you've been subjected to pregnancy discrimination or denied accommodations, an experienced attorney can help you understand your rights under federal, state, and local law. Attorneys at Phillips & Associates can assist with filing complaints with the EEOC or seeking remedies under the Family Medical Leave Act (FMLA) if you need time off due to pregnancy-related conditions.

What Should I Expect During a Pregnancy Discrimination Lawyer Consultation?

During your consultation, we will review the details of your case and help establish whether your employer violated your rights. If we determine liability, we may pursue compensatory damages to make you whole for the harm caused by discrimination. These damages could include lost wages, benefits, or other economic losses. If the employer’s actions were particularly egregious, we may seek punitive damages, meant to punish and deter such conduct.

Pregnancy discrimination can occur across classes and industries. Women are affected not only in construction or factories, but also in high-pressure white collar jobs involving medicine or litigation. At Phillips & Associates, our employment discrimination lawyers represent pregnant workers harmed by bigotry in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. We understand that it is terrifying to face the prospect of losing your job or losing your source of income altogether, and we represent workers on a contingency fee (winning the case) basis with  free consultations.

If you were victim of pregnancy discrimination in New York City, give Phillips & Associates a call at (866) 229-9441 or complete our online form.