Which Law Prohibits Workplace Discrimination against Pregnant Employees?

Pregnancy is an exciting and challenging time. Unfortunately, it can also be a period where workers face discrimination at their jobs. Pregnant employees may experience unfair treatment, denial of reasonable accommodations, or even termination due to their condition. However, laws exist to protect pregnant workers from discrimination.

In the United States, both federal and state laws safeguard the rights of pregnant employees, ensuring that they are treated fairly in the workplace. For employees in New York State and New York City, there are additional protections that go beyond federal law. If you suspect your rights have been violated, it is crucial to speak with an attorney.

Which law prohibits workplace discrimination against pregnant employees?

Federal Protections for Pregnant Employees

The primary federal law that protects pregnant employees from discrimination is the Pregnancy Discrimination Act (PDA) of 1978. The PDA is an amendment to Title VII of the Civil Rights Act of 1964, and it makes it illegal for employers to discriminate against employees based on pregnancy, childbirth, or related medical conditions.

Under the PDA, pregnant employees must be treated the same as other employees who have similar abilities or limitations. This means that employers cannot deny employment, promotions, or benefits because of pregnancy. Furthermore, pregnant employees must be granted reasonable accommodations if similar accommodations are provided to other employees with temporary disabilities.

In addition to the PDA, the Americans with Disabilities Act (ADA) may also offer protection to pregnant employees. While pregnancy itself is not considered a disability under the ADA, pregnancy-related complications such as gestational diabetes or preeclampsia could be. In such cases, an employee may be entitled to reasonable accommodations, including adjustments to their work environment or job duties to ensure their health and safety.

The Family and Medical Leave Act (FMLA) is another key federal law that provides protections for pregnant workers. The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for the birth of a child, adoption, or to care for a serious health condition related to their pregnancy. This leave must be granted without penalty or retaliation from the employer.

New York State Protections for Pregnant Employees

New York State offers additional protections to pregnant employees through its Human Rights Law (NYSHRL). The NYSHRL prohibits discrimination based on pregnancy, childbirth, or related medical conditions in employment. Similar to the PDA, New York employers are required to treat pregnant employees equally. They must provide them with the same benefits and accommodations they would offer to other employees with temporary disabilities.

One significant feature of the NYSHRL is that it applies to all employers in New York State, regardless of the number of employees. This means even smaller companies, which may not be covered under federal laws like the PDA or FMLA, must comply with state protections.

New York City Protections for Pregnant Employees

In addition to state-level protections, employees working in New York City have even broader protections under the New York City Human Rights Law (NYCHRL). This law requires employers to provide reasonable accommodations to employees who are pregnant or have childbirth-related medical needs. These accommodations could include things like more frequent breaks, assistance with manual labor, modified work schedules, or temporary job transfers.

The NYCHRL goes beyond federal and state laws by providing comprehensive protections for pregnant employees. The law applies to all employers, regardless of size. New York City’s pregnancy accommodation law mandates that employers engage in a cooperative dialogue with employees. They must determine what accommodations are needed and feasible. Employers are required to provide a written notice to employees informing them of their rights regarding pregnancy accommodations.

Speak to an Attorney

Do you have questions about workplace discrimination against pregnant employees? If you feel that your rights under the PDA, ADA, FMLA, NYSHRL, or NYCHRL have been violated, it is essential to speak with an attorney. An employment lawyer can help you understand your rights, gather evidence, and pursue legal action if necessary.

For more information or to discuss your treatment with a legal professional, contact Borrelli & Associates, P.L.L.C.