Pregnancy Discrimination at Work Is Illegal: Know Your Rights!

Telling Your Employer About Your Pregnancy pregnancy in the workplaceWhen you are pregnant, you may wonder when and how you are going to tell your employer. The fact is under the Pregnancy Discrimination Act, and other laws against discrimination, you do not have to tell your employer at all. If you can perform your work and do it well, and do not need special accommodations, your pregnancy is legally irrelevant. The Pregnancy Discrimination Act The Pregnancy Discrimination Act prohibits employers with more than 15 employees from discriminating against pregnant employees.It also includes local and state government employees, federal employees, employment agency employees and labor organization employees no matter how many employees they have. Pregnancy Discrimination and Benefits Employers must provide the same benefits to all their employees whether they are pregnant or not. This includes health insurance, retirement and disability benefits. Medical conditions related to pregnancy must be covered identically to other medical conditions.Pregnancy Discrimination and Disability If a pregnant woman can do her job for a while due to a medical condition related to her pregnancy or childbirth, the employer must treat it like any other temporarily disabled employee. This means that the employer must make accommodations or provide disability leave.More Rules on Pregnancy Discrimination
  • A potential employer may not ask a pregnant job candidate any questions they would not ask a candidate that was not pregnant.
  • An employer may not discriminate against an employee who might get pregnant.
  • An employer may not forbid a pregnant employee from doing a job for which she is fit and she wants to do.
  • Jobs must be held open for pregnancy related absence for the same amount of time as for other sickness and disability.
  • Employers cannot discriminate against an employee who has had an abortion or is considering getting an abortion.
  • Female spouses of male employees must be provided the same level of medical benefits than the male spouses of female employees.
  • Single women must be provided the same pregnancy related benefits as married women.
  • Seniority, vacation, raises, promotions and other accrued benefits for pregnant women must be granted in the same way as those on leave for non-pregnancy reasons.
If you believe you may have been a victim of pregnancy discrimination due to pregnancy, childbirth or a pregnancy related medical condition, you should consult with an employment attorney as soon as possible. A reputable employment discrimination lawyer will listen to your situation and educate you on the pregnancy discrimination laws. If you have been a victim of pregnancy discrimination  an experienced employment attorney can help you recover any damages you have incurred.

3 Key Takeaways

  1. Federal law, and even stronger New York State law, protects you from being treated differently at work because of pregnancy, childbirth, or a related medical condition.

  2. You are not required to tell your employer you are pregnant, and your employer cannot legally use your pregnancy against you in any employment decision.

  3. Pregnancy discrimination can be subtle, and many people don’t realize they’ve experienced it. If something feels off, it’s worth talking to an attorney.

Your pregnancy shouldn’t cost you your job, or your opportunities

Whether you’re expecting, recently gave birth, or dealing with a pregnancy-related medical condition, you have strong legal protections at work. Yet pregnancy discrimination still happens far too often — sometimes blatantly, sometimes in ways that are harder to see. Here’s what the law says, what your employer can and can’t do, and what you should do if you think your rights have been violated.

The law that protects you: The Pregnancy Discrimination Act

The federal Pregnancy Discrimination Act (PDA) was passed in 1978 and prohibits employers with 15 or more employees from treating workers unfavorably because of pregnancy, childbirth, or any related medical condition. It applies to hiring, firing, pay, job assignments, promotions, layoffs, training, and just about every other aspect of employment.

The PDA also extends to federal, state, and local government employers, employment agencies, and labor organizations, regardless of how many employees they have.

In New York, the protections go even further. The New York State Human Rights Law covers employers with as few as four employees, and the New York City Human Rights Law covers employers with four or more employees as well. If you work in New York, you’re likely covered even if your employer is small.

You don’t have to disclose your pregnancy

This surprises a lot of people: You are not legally required to tell your employer that you’re pregnant. If you can perform your job and don’t need any special accommodations, your pregnancy is essentially nobody’s business but your own.

And here’s an important related point, your employer cannot ask a pregnant job candidate questions they wouldn’t ask any other candidate. Asking about your plans to start a family, whether you’re pregnant, or how a pregnancy might affect your work is off-limits during an interview or hiring process.

What your employer must do

The law doesn’t just prohibit discrimination, it also requires employers to treat pregnant employees fairly and consistently compared to everyone else. Here’s what that looks like in practice:

  • Benefits: Health insurance, retirement benefits, and disability coverage must be provided equally to pregnant employees. Medical conditions related to pregnancy or childbirth must be covered the same way as any other medical condition.
  • Accommodations: If a pregnancy-related condition temporarily prevents you from performing certain duties, your employer must treat you the same way they would treat any other employee with a temporary disability — which may mean offering modified duties, leave, or other adjustments.
  • Job Security: If you take leave for a pregnancy-related reason, your job must be held open for the same amount of time as it would be for any other medical leave.
  • Seniority and Accrued Benefits: Vacation time, raises, promotions, and seniority cannot be taken from you because of pregnancy leave.
  • Equal Treatment Regardless of Marital Status: Single employees are entitled to the same pregnancy-related benefits as married employees.
  • Spousal Benefits: If your employer provides medical benefits to spouses, those benefits must be equal regardless of the employee’s gender.

What your employer cannot do

Discrimination can show up in a lot of ways, some of them obvious and some of them not. Your employer cannot:

  • Fire you, demote you, or reduce your pay because you are pregnant or recently gave birth
  • Refuse to hire you because you are pregnant or might become pregnant
  • Force you off a job you are qualified for and willing to do
  • Discriminate against you for having had an abortion or for considering one
  • Take adverse action against you because of pregnancy-related medical appointments or conditions

Discrimination isn’t always dramatic. Sometimes it looks like being quietly passed over for a promotion after announcing a pregnancy, or suddenly receiving poor performance reviews after returning from leave. If the timing feels suspicious, it’s worth paying close attention.

New York gives you additional protections

New York workers have some of the strongest pregnancy protections in the country. In addition to federal law, the New York State Human Rights Law requires employers to provide reasonable accommodations for pregnancy-related conditions, even if those conditions don’t rise to the level of a disability under federal law. This can include things like more frequent breaks, modified lifting requirements, or a temporary schedule change.

New York City employees have additional protections under the New York City Human Rights Law, which is considered one of the most comprehensive anti-discrimination laws in the country.

What to do if you think you’ve been discriminated against

If you believe your employer has treated you unfairly because of your pregnancy, here are the most important steps to take:

  1. Document Everything: Keep notes on incidents, save emails and messages, and write down dates, times, and exactly what was said. The more specific, the better.
  2. Report It Internally: Use your company’s Human Resources (HR) process or reporting channels, and do so in writing so you have a clear record.
  3. Be Aware of Deadlines: There are strict time limits for filing a complaint. Under federal law, you typically have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York has its own deadlines as well, so don’t wait to get advice.
  4. Talk to an Attorney: An employment lawyer can review your situation, help you understand your options, and make sure you’re taking the right steps from the start.

You deserve to be treated with respect at every stage

Pregnancy is not a liability — and no one should have to choose between their career and their family. If you’ve experienced discrimination at work related to your pregnancy, childbirth, or a pregnancy-related condition, the team at Valli Kane & Vagnini is here to help. Reach out to our team at VKV, we’ll listen, explain your rights clearly, and help you figure out the best path forward.

Understanding Pregnancy Discrimination and Your Rights as an Expecting Mother

Women shouldn’t
have to fear for their jobs when starting a family.  But, we hear about pregnancy discrimination in the workplace all the time.  Companies frequently do not abide by the Pregnancy Discrimination Act of 1978 or the U.S. Department of Labor’s Family Medical Leave Act.  Women are too often subject to unlawful actions made by employers because of pregnancy.
There are many different forms of pregnancy discrimination.  The majority include: reassignment to a department out of your career path or a lower paying position, refusal of medical health care benefits that are available to other employees, or cutting your hours and pay during pregnancy.
Here are some things you should know about the laws protecting women, and the action you should take if you believe you have been discriminated against.
U.S. Department of Labor’s Family Medical Leave Act
Under this act, employers with 50 or more employees must give up to 12 weeks of unpaid leave to employees that have worked for the company for at least 12 months and have clocked a minimum of 1,250 hours of service.  The FMLA regulates leave of absences that are necessary for one of the following reasons:

  • Childbirth and infant care of the employee’s newborn
  • Adoption or foster care placement with the employee
  • A serious health condition of an immediate family member that requires care
  • A serious health condition of the employee

 
Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act of 1978 provides guidelines that employees and employers must follow during pregnancy to ensure that there are no discriminatory actions.

  • An employer cannot refuse to hire you because of your pregnancy as long as you can complete the functions of the job
  • If you are temporarily incapable of completing the tasks of your job because of your pregnancy, your employer must modify tasks and assignments (as done with other temporarily disabled employees).
  • You must be permitted to work as long as you can complete the functions of your job.
  • If you are provided with health insurance by your employer, the insurance must cover pregnancy-related expenses as it would for other medical conditions
  • When crediting seniority, vacation time, pay increases or other benefits, you must be treated the same as other temporarily disabled employees.

If you feel you have been discriminated against, take these steps:

  • Document any discriminatory conversations or occurrences.  Detail the time and place, as well as participants and witnesses.
  • Continue to perform your tasks and assignments, but start documenting how well you are performing.
  • Compile a record of previous performance reviews to keep as evidence.
  • Consider contacting your human resources department to file a complaint, and document your complaint within your own files.
  • Contact an attorney to discuss your options

To prove you have been discriminated against, you must fit this criteria:

  • Be a member of a protected class (as a woman, you are protected)
  • Meet the expectations of your job and your performance was up to par with your employer’s demands (this can be proven with your performance reviews, raises, promotions and your own documentation of such material)
  • Be fired, demoted, passed over for a promotion, not hired for a position, or suffered any other form of adverse action.
  • Be treated differently or less favorably than other employees with similar circumstances who were not a member of a protected class.

In court, your employer must provide a legitimate and non-discriminatory reason for the adverse action.   You must show that the employer’s reason is a pre-text (a false reason used to conceal the discriminatory action).  If you are able to prove their rationale is pre-textual, you have a chance of winning in front of a judge or jury.
Contact an attorney to discuss your circumstances and further explore your legal options.