If you’re pregnant and concerned you’re being treated differently at work, you may have many questions. As a compassionate workplace discrimination lawyer, Michelle Cimino can help you understand your legal options.
Below, she answers five of the most common questions workers ask when they believe they’re experiencing pregnancy discrimination at work.
1. What Counts as Pregnancy Discrimination at Work?
Pregnancy discrimination at work generally means that someone is treated worse because of:
- Pregnancy
- Childbirth
- A related medical condition
- A decision related to pregnancy, childbirth, or a related medical condition
At the federal level, the Pregnant Workers Fairness Act (PWFA) prohibits covered employers with 15 or more employees from denying reasonable accommodations for pregnancy-related limitations unless the employer can show the accommodation would cause an undue hardship, meaning it would cause significant difficulty or expense in light of the employer’s resources and operations, not just because it would be inconvenient or burdensome.
The PWFA also prohibits requiring an employee to take leave when another reasonable accommodation would let the employee keep working, retaliating for requesting or using an accommodation, and taking adverse action, such as termination or demotion, because a pregnant employee needs an accommodation.
New York law expands federal pregnancy protections in several ways. It covers employers with more than four employees, provides up to 20 hours of paid prenatal leave for private sector employees, and requires paid lactation breaks for up to three years after childbirth.
2. Can My Employer Fire Me Because I’m Pregnant?
Generally, no. Employers are barred from doing any of the following on the basis of pregnancy or a related medical condition:
- Firing you
- Reducing your hours
- Cutting your pay
- Demoting you
- Otherwise disadvantaging you on the basis of pregnancy
An employer may still make a legitimate employment decision for reasons unrelated to pregnancy. For example, an employer can still terminate you for documented performance problems or a genuine reduction in force, but only if it would have made the same decision even if you were not pregnant.
3. What Pregnancy-Related Accommodations Can I Ask for?
The PWFA generally requires certain employers to provide reasonable accommodations for a known limitation related to the pregnancy, childbirth, or related medical conditions (42 U.S.C. § 2000gg-1). The only exception is when doing so would create an undue hardship. The EEOC explicitly identifies four types of accommodations that, in virtually all cases, will be reasonable and will not impose an undue hardship:
- Carrying or keeping water nearby and drinking as needed
- Taking additional restroom breaks
- Sitting when the job normally requires standing, or standing when the job normally requires sitting
- Taking additional breaks to eat and drink
Other possible accommodations may include a stool or chair, modified work schedules, or time off for prenatal appointments.
4. Can My Employer Force Me To Take Leave?
In most cases, no. An employer cannot force you to take paid or unpaid leave if another reasonable accommodation would allow you to keep working. Under the PWFA, requiring leave instead of providing another reasonable accommodation can be unlawful when an effective accommodation is available and would not cause undue hardship.
An employer cannot force you to take leave or reduce your pay based on the belief that the job is too risky for you or your pregnancy. Instead, the employer should consider your actual abilities, any medical restrictions, and potential reasonable accommodations rather than relying on assumptions or stereotypes.
5. How Can a Workplace Discrimination Lawyer Help Me After Pregnancy Discrimination?
If you believe you’ve experienced pregnancy discrimination, contacting a workplace discrimination lawyer can simplify the claims process. An attorney like Michelle Cimino can help you evaluate whether to file a complaint with the New York State Division of Human Rights (DHR). She’ll explain whether it also makes sense to file a charge with the EEOC.
For discriminatory acts occurring on or after February 15, 2024, a DHR employment discrimination complaint generally must be filed within three years of the most recent discriminatory act. Federal EEOC deadlines are usually shorter, often 180 days, but the filing period may extend to 300 days in some New York cases.
To gather evidence for your claim, document significant events. Save copies of:
- Emails and text messages
- Work schedules and pay records
- Accommodation requests and medical restrictions
- Performance documents
- Written explanations for any reduction in hours, discipline, leave requirement, or termination
You should also keep a dated timeline that identifies the people involved and any witnesses. As an experienced workplace discrimination lawyer, Michelle Cimino can help you evaluate a potential claim and pursue available legal remedies after alleged pregnancy discrimination.
Schedule a Confidential Consultation With a Workplace Discrimination Lawyer
If you’re pregnant and you think you’ve received unfair treatment at work, you deserve answers. A workplace discrimination lawyer can explain how the law applies to your situation and help clarify the next steps.
Michelle Cimino has spent almost three decades supporting pregnant workers after they’ve struggled with workplace discrimination while pregnant. In a confidential consultation, she can learn more about your circumstances and explain what compensation may be available. Speak privately with Michelle Cimino today.
