New York law requires all covered employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions.

Why Choose Us?

Fearless Justice LLC represents pregnant employees across Westchester County who have been denied accommodations, demoted, or terminated because of pregnancy or related medical conditions. Our attorneys previously represented employers and insurance carriers, giving us insight into how pregnancy-related decisions are documented and defended. We use that experience to anticipate employer arguments and build strong, strategic claims.

  • Former defense-side attorneys who recognize employer tactics
  • Focused advocacy for pregnant employees facing unlawful treatment
  • Clear guidance on overlapping federal, state, and local protections
  • Respectful, supportive representation during a vulnerable time
  • Consistent communication from consultation through resolution

Fearless Justice LLC serves employees in White Plains, Yonkers, New Rochelle, Mount Vernon, Purchase, and throughout the greater New York metro area. If you were treated unfairly because of pregnancy, childbirth, or a related condition, New York law provides meaningful protections and remedies.

New York law requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions. Federal law also expanded protections in 2023. Below, we explain how pregnancy discrimination occurs, what accommodations you can request, and how to enforce your rights.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Under the federal Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act, pregnancy discrimination is a form of sex discrimination.

Common examples of pregnancy discrimination include:

  • Refusing to hire someone because she is pregnant or may become pregnant
  • Terminating an employee after learning of her pregnancy
  • Demoting a pregnant employee or denying her a promotion
  • Reducing hours or reassigning responsibilities
  • Making negative comments about pregnancy or an employee’s decision to have children
  • Refusing to provide accommodations, such as maternity leave, schedule adjustments, time to attend doctor’s appointments, sick days, and other accommodations.

If you have experienced any of these situations, you may have a discrimination claim.

New York law provides robust protections requiring reasonable accommodations for pregnancy and childbirth. The New York State Human Rights Law and New York City Human Rights Law require all covered employers, those with four or more employees, to provide reasonable accommodations for pregnancy, childbirth, and related conditions. This is significantly broader protection than federal law, which applies only to employers with 15 or more employees under Title VII and the Pregnant Workers Fairness Act.

What Accommodations Can Pregnant Employees Request?

Under New York law and the federal Pregnant Workers Fairness Act (effective June 2023), employers must provide reasonable accommodations for pregnancy, childbirth, and related conditions. This requirement applies regardless of whether the pregnancy-related condition qualifies as a disability under other laws. Employers must engage in a good-faith dialogue with employees to identify workable solutions.

Examples of reasonable accommodations for pregnancy may include:

  • Modified work schedules or more frequent breaks
  • Temporary transfer to less strenuous or hazardous duties
  • Provision of a stool or chair for employees who typically stand
  • Time off for prenatal appointments
  • Modified lifting requirements
  • Break time and private space for expressing breast milk
  • Temporary reassignment of certain tasks that pose risks during pregnancy

Employers cannot force pregnant employees to accept accommodations they do not need or want, and cannot require employees to take leave when another accommodation would allow them to continue working. Refusing to discuss accommodations, automatically denying requests, or retaliating against employees who request accommodations may constitute discrimination or retaliation.

What Leave Rights Do Pregnant Employees Have in New York?

Eligible employees in New York have access to several forms of job-protected leave for pregnancy and bonding with a new child. Understanding these overlapping protections helps you plan for your leave and protects you from employer violations.

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave per year for employees who work for covered employers (those with 50 or more employees within 75 miles) and meet eligibility requirements (12 months of employment and 1,250 hours worked). FMLA leave can be used for pregnancy-related medical needs and for bonding with a new child.

New York Paid Family Leave (PFL) provides eligible employees with up to 12 weeks of paid leave to bond with a new child. Employees can take PFL and FMLA leave consecutively in some cases, potentially extending protected leave time. PFL provides paid leave (currently 67% of average wages), while FMLA provides unpaid job protection, so combining both can provide extended job protection along with partial income replacement.

New York also requires employers to provide disability benefits under the Disability Benefits Law (DBL) for pregnancy-related medical leave when an employee is medically unable to work due to pregnancy or recovery from childbirth. DBL provides up to 50% of average wages for four weeks before the due date and six to eight weeks after childbirth. These disability benefits are separate from bonding leave under PFL and serve different purposes: DBL covers the period of medical incapacity, while PFL covers bonding with the new child. Employers cannot retaliate against employees for requesting or taking pregnancy-related leave.

How Do I File a Pregnancy Discrimination Claim in New York?

The process depends on which law applies and your strategic goals.

The 5 steps in a typical pregnancy discrimination claim are:

  1. Case Evaluation
    An attorney reviews the timeline, employer communications, and employment records.
  2. Administrative Filing if Required
    Federal claims under Title VII or the Pregnant Workers Fairness Act usually require filing a Charge of Discrimination with the Equal Employment Opportunity Commission.
  3. Agency Investigation or Mediation
    The EEOC may investigate or offer mediation.
  4. Right to Sue or Direct Court Filing
    After receiving a Notice of Right to Sue, or when proceeding under state law, you may file in court.
  5. Litigation or Settlement
    Many cases resolve through negotiated settlement, while others proceed to trial.

For state claims, you may file with the New York State Division of Human Rights or proceed directly in state court.

What Are the Deadlines?

  • Federal EEOC claims generally must be filed within 300 days in New York
  • For incidents on or after February 15, 2024, state administrative claims have a three-year filing period
  • State court claims also generally have a three-year statute of limitations

Because timelines can vary depending on when and how discrimination occurred, prompt legal advice is important.

Talk to a Westchester County Pregnancy Discrimination Lawyer

If you believe your employer discriminated against you because of pregnancy, we can help you understand your rights and options. Contact Fearless Justice LLC for a consultation. We will give you an honest assessment, explain your options, and help you decide how to proceed.

Frequently Asked Questions

Can my employer fire me because I am pregnant?

No. Terminating an employee because of pregnancy violates federal and New York state law. While employers can terminate employees for legitimate, non-discriminatory reasons, pregnancy itself cannot be the basis for termination. If you were fired shortly after announcing your pregnancy, requesting accommodations, or returning from maternity leave, you may have a pregnancy discrimination claim.

What if my position was eliminated while I was on maternity leave?

Position eliminations during maternity leave warrant careful scrutiny. While employers can conduct legitimate restructuring, timing such decisions to coincide with pregnancy or leave raises serious questions about discriminatory intent. If your position was eliminated but similar roles remain, if your responsibilities were redistributed to other employees, or if you were not offered comparable alternatives, you may have grounds for a claim.

How long do I have to file a pregnancy discrimination claim?

Deadlines depend on where you file. For federal EEOC claims, you generally have 300 days from the discriminatory act. For state claims with the New York Division of Human Rights or directly in court, you now have three years following the recent legislative expansion. Different deadlines may apply depending on the specific claims, so consulting promptly helps ensure you preserve all options.

Pregnancy Discrimination
New York law requires all covered employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions.

Why Choose Us?

Fearless Justice LLC represents pregnant employees across Westchester County who have been denied accommodations, demoted, or terminated because of pregnancy or related medical conditions. Our attorneys previously represented employers and insurance carriers, giving us insight into how pregnancy-related decisions are documented and defended. We use that experience to anticipate employer arguments and build strong, strategic claims.

  • Former defense-side attorneys who recognize employer tactics
  • Focused advocacy for pregnant employees facing unlawful treatment
  • Clear guidance on overlapping federal, state, and local protections
  • Respectful, supportive representation during a vulnerable time
  • Consistent communication from consultation through resolution

Fearless Justice LLC serves employees in White Plains, Yonkers, New Rochelle, Mount Vernon, Purchase, and throughout the greater New York metro area. If you were treated unfairly because of pregnancy, childbirth, or a related condition, New York law provides meaningful protections and remedies.

New York law requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions. Federal law also expanded protections in 2023. Below, we explain how pregnancy discrimination occurs, what accommodations you can request, and how to enforce your rights.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Under the federal Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act, pregnancy discrimination is a form of sex discrimination.

Common examples of pregnancy discrimination include:

  • Refusing to hire someone because she is pregnant or may become pregnant
  • Terminating an employee after learning of her pregnancy
  • Demoting a pregnant employee or denying her a promotion
  • Reducing hours or reassigning responsibilities
  • Making negative comments about pregnancy or an employee’s decision to have children
  • Refusing to provide accommodations, such as maternity leave, schedule adjustments, time to attend doctor’s appointments, sick days, and other accommodations.

If you have experienced any of these situations, you may have a discrimination claim.

New York law provides robust protections requiring reasonable accommodations for pregnancy and childbirth. The New York State Human Rights Law and New York City Human Rights Law require all covered employers, those with four or more employees, to provide reasonable accommodations for pregnancy, childbirth, and related conditions. This is significantly broader protection than federal law, which applies only to employers with 15 or more employees under Title VII and the Pregnant Workers Fairness Act.

What Accommodations Can Pregnant Employees Request?

Under New York law and the federal Pregnant Workers Fairness Act (effective June 2023), employers must provide reasonable accommodations for pregnancy, childbirth, and related conditions. This requirement applies regardless of whether the pregnancy-related condition qualifies as a disability under other laws. Employers must engage in a good-faith dialogue with employees to identify workable solutions.

Examples of reasonable accommodations for pregnancy may include:

  • Modified work schedules or more frequent breaks
  • Temporary transfer to less strenuous or hazardous duties
  • Provision of a stool or chair for employees who typically stand
  • Time off for prenatal appointments
  • Modified lifting requirements
  • Break time and private space for expressing breast milk
  • Temporary reassignment of certain tasks that pose risks during pregnancy

Employers cannot force pregnant employees to accept accommodations they do not need or want, and cannot require employees to take leave when another accommodation would allow them to continue working. Refusing to discuss accommodations, automatically denying requests, or retaliating against employees who request accommodations may constitute discrimination or retaliation.

What Leave Rights Do Pregnant Employees Have in New York?

Eligible employees in New York have access to several forms of job-protected leave for pregnancy and bonding with a new child. Understanding these overlapping protections helps you plan for your leave and protects you from employer violations.

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave per year for employees who work for covered employers (those with 50 or more employees within 75 miles) and meet eligibility requirements (12 months of employment and 1,250 hours worked). FMLA leave can be used for pregnancy-related medical needs and for bonding with a new child.

New York Paid Family Leave (PFL) provides eligible employees with up to 12 weeks of paid leave to bond with a new child. Employees can take PFL and FMLA leave consecutively in some cases, potentially extending protected leave time. PFL provides paid leave (currently 67% of average wages), while FMLA provides unpaid job protection, so combining both can provide extended job protection along with partial income replacement.

New York also requires employers to provide disability benefits under the Disability Benefits Law (DBL) for pregnancy-related medical leave when an employee is medically unable to work due to pregnancy or recovery from childbirth. DBL provides up to 50% of average wages for four weeks before the due date and six to eight weeks after childbirth. These disability benefits are separate from bonding leave under PFL and serve different purposes: DBL covers the period of medical incapacity, while PFL covers bonding with the new child. Employers cannot retaliate against employees for requesting or taking pregnancy-related leave.

How Do I File a Pregnancy Discrimination Claim in New York?

The process depends on which law applies and your strategic goals.

The 5 steps in a typical pregnancy discrimination claim are:

  1. Case Evaluation
    An attorney reviews the timeline, employer communications, and employment records.
  2. Administrative Filing if Required
    Federal claims under Title VII or the Pregnant Workers Fairness Act usually require filing a Charge of Discrimination with the Equal Employment Opportunity Commission.
  3. Agency Investigation or Mediation
    The EEOC may investigate or offer mediation.
  4. Right to Sue or Direct Court Filing
    After receiving a Notice of Right to Sue, or when proceeding under state law, you may file in court.
  5. Litigation or Settlement
    Many cases resolve through negotiated settlement, while others proceed to trial.

For state claims, you may file with the New York State Division of Human Rights or proceed directly in state court.

What Are the Deadlines?

  • Federal EEOC claims generally must be filed within 300 days in New York
  • For incidents on or after February 15, 2024, state administrative claims have a three-year filing period
  • State court claims also generally have a three-year statute of limitations

Because timelines can vary depending on when and how discrimination occurred, prompt legal advice is important.

Talk to a Westchester County Pregnancy Discrimination Lawyer

If you believe your employer discriminated against you because of pregnancy, we can help you understand your rights and options. Contact Fearless Justice LLC for a consultation. We will give you an honest assessment, explain your options, and help you decide how to proceed.

Frequently Asked Questions

Can my employer fire me because I am pregnant?

No. Terminating an employee because of pregnancy violates federal and New York state law. While employers can terminate employees for legitimate, non-discriminatory reasons, pregnancy itself cannot be the basis for termination. If you were fired shortly after announcing your pregnancy, requesting accommodations, or returning from maternity leave, you may have a pregnancy discrimination claim.

What if my position was eliminated while I was on maternity leave?

Position eliminations during maternity leave warrant careful scrutiny. While employers can conduct legitimate restructuring, timing such decisions to coincide with pregnancy or leave raises serious questions about discriminatory intent. If your position was eliminated but similar roles remain, if your responsibilities were redistributed to other employees, or if you were not offered comparable alternatives, you may have grounds for a claim.

How long do I have to file a pregnancy discrimination claim?

Deadlines depend on where you file. For federal EEOC claims, you generally have 300 days from the discriminatory act. For state claims with the New York Division of Human Rights or directly in court, you now have three years following the recent legislative expansion. Different deadlines may apply depending on the specific claims, so consulting promptly helps ensure you preserve all options.