How to Prove Pregnancy Discrimination

Pregnancy discrimination remains a prevalent issue in workplaces, affecting countless women who find themselves unfairly treated due to their pregnancy. However, laws at both the federal and state levels are in place to protect expecting mothers from such discrimination.

What should employees know about laws protecting them during pregnancy and how can an employment attorney help you prove pregnancy discrimination in the workplace?

Federal Laws Protection for Pregnant Employees

At the federal level, the primary legislation protecting pregnant employees is the Pregnancy Discrimination Act (PDA) of 1978, an amendment to Title VII of the Civil Rights Act of 1964.

The PDA explicitly prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under this law, employers are required to treat pregnant employees in the same manner as other employees or applicants with similar abilities or limitations.

If you believe your employer has violated your rights under the Pregnancy Discrimination Act, an employment attorney can help you gather evidence to prove discrimination. This includes:

• Instances of differential treatment
• Denial of reasonable accommodations
• Adverse employment actions linked to pregnancy

New York State Laws

In addition to federal protections, New York State has its own set of laws safeguarding pregnant workers. The New York State Human Rights Law (NYSHRL) prohibits discrimination based on pregnancy and related conditions. This law applies to employers of all sizes, providing a broader scope of protection compared to federal laws.

An employment attorney specializing in New York employment law can guide you through the specific nuances of NYSHRL. They may assist you in collecting evidence, such as records of discriminatory comments, sudden changes in job responsibilities, or instances of harassment related to pregnancy.

New York City Laws

For employees working within the five boroughs, additional protections are offered by the New York City Human Rights Law (NYCHRL). This law provides one of the most comprehensive sets of protections for pregnant workers in the country. Under the NYCHRL, employers are required to provide reasonable accommodations for pregnant employees, ensuring they can perform their job duties without discrimination.

Working closely with a local employment attorney familiar with the intricacies of NYCHRL is essential. They can help you build a case by documenting instances of refusal to accommodate, unjust disciplinary actions, or other discriminatory behaviors tied to your pregnancy.

Proving pregnancy discrimination in the workplace involves navigating a complex legal landscape. Whether relying on federal laws like the PDA or state-specific laws such as NYSHRL and NYCHRL, partnering with an experienced employment attorney is key. They can guide you through the process, help collect evidence, and advocate for your rights.

By understanding and leveraging these legal frameworks, pregnant employees can seek justice and ensure fair treatment in the workplace. Remember, you don’t have to face pregnancy discrimination alone. An employment attorney can be your ally in the pursuit of workplace equality. If you have questions about pregnancy discrimination in the workplace or you’d like to speak to someone about an issue regarding your situation, contact Borrelli & Associates, P.L.L.C.