by Lindy Korn, Esq.  

Pregnancy should be a time to plan for a new addition to the family — not a time to worry about losing a job, being passed over for a promotion, or being treated differently at work. Yet pregnancy discrimination still occurs, sometimes in ways women may not immediately recognize. It can be obvious, such as being fired after announcing a pregnancy. But it can also be subtle. An employee may suddenly have her hours reduced, be removed from important assignments, be denied a promotion, or be told that a position is “too demanding” now that she is expecting.
 

Federal and New York State laws provide important protections. The federal Pregnancy Discrimination Act prohibits covered employers from discriminating on the basis of pregnancy, childbirth, or related medical conditions. New York’s Human Rights Law also protects employees from pregnancy discrimination and requires reasonable accommodations for pregnancy-related conditions.

You May Have a Right to Accommodations.

Pregnancy does not automatically require an employee to stop working or take leave. Under New York law and the federal Pregnant Workers Fairness Act, many employees are entitled to reasonable workplace accommodations for pregnancy-related limitations, including those related to childbirth and related medical conditions. Depending on the circumstances, accommodations might include additional bathroom access, food, water, or rest breaks; permission to sit rather than stand; schedule changes; temporary changes in duties; or time off for medical appointments. 

Importantly, an employer generally cannot require an employee to take leave if another reasonable accommodation would allow her to continue working. Since January 1, 2025, New York private-sector employees, including full- and part-time workers, are entitled to 20 hours of paid prenatal leave within a 52-week period for pregnancy-related health care. This leave is separate from New York State Sick Leave and can be used for examinations, medical procedures, monitoring, testing, fertility treatment, and discussions with health care providers. Protections extend beyond pregnancy. Depending on eligibility and circumstances, employees may have rights to family leave, recovery from childbirth, and paid break time and private space to express breast milk at work.

When Something Changes, Pay Attention.

One of the most important things an employee can do is notice what happens after an employer learns that she is pregnant. Was she suddenly excluded from meetings? Did her strong performance record suddenly change? Were her hours or responsibilities reduced? Was a promotion given to someone less qualified?

“Women sometimes question whether what is happening to them is actually discrimination,” says Lindy Korn, Esq., whose practice focuses on workplace discrimination and harassment. “If your treatment changes after your employer learns you are pregnant, pay attention. Understanding your rights is the first step in protecting them.”

Employees should save relevant emails, performance evaluations, schedules, text messages, and other communications, and, whenever possible, submit accommodation requests in writing. The law also prohibits retaliation against employees who request lawful pregnancy-related accommodations or assert their rights. Pregnancy should not force a woman to choose between protecting her health, caring for her family, and protecting her career. Knowing your workplace rights — and when to ask questions — can make all the difference.