What Is Pregnancy Discrimination in the Workplace?

pregnant woman working

Your pregnancy should be a pleasant experience. This is why it is unfortunate to hear that pregnant employees are often discriminated against in the workplace. Read on to discover more about this and how a seasoned New York pregnancy discrimination lawyer at the Bell Law Group can educate you on the rights that you are afforded.

What are the laws against pregnancy discrimination in the workplace?

Most notably, the New York State Human Rights Law prohibits employment discrimination based on familial status. Importantly, pregnancy falls under this umbrella of familial status. This means that, in New York State, it is illegal for an employer to act in the following ways against a pregnant employee:

  • An employer cannot fire a woman because she is pregnant or otherwise her sexual and reproductive health decisions.
  • An employer cannot fire a woman because she chose to make maternity leave.
  • An employer cannot change the conditions of a woman’s job because she is pregnant.
  • An employer cannot refuse to hire a woman because she is pregnant.

Also worth mentioning is that New York State law notes that pregnancy cannot be treated as a disability. In other words, you do not need to prove to your employer that your pregnancy is under an extreme condition that is preventing you to work. And so, your employer cannot dictate when you start your maternity leave.

What rights am I afforded when I am pregnant in the workplace?

In addition to not being discriminated against, New York State law requires that your employer offer you certain accommodations while you are pregnant in the workplace. Examples of such accommodations include the following:

  • Your employer must offer you occasional breaks to rest and drink water due to your pregnancy-related conditions.
  • Your employer must offer you a modified work schedule due to your pregnancy-related conditions.
  • Your employer must offer you medical leave due to your pregnancy-related conditions.
  • Your employer must offer you light-duty assignments due to your pregnancy-related conditions.
  • Your employer must offer you a transfer from hazardous assignments due to your pregnancy-related conditions.
  • Your employer must offer you a guaranteed return to work post-pregnancy.

What’s more, the United States Department of Labor requires employers to offer reasonable accommodations such as the following:

  • Your employer must offer you a reasonable break time to express breast milk for your nursing child for up to one year after your child’s birth.
  • Your employer must offer you a private space that is not a bathroom to express your breast milk in.

With all that being said, if you believe that you are being discriminated against or not being offered basic accommodations in the workplace during your pregnancy, you must retain the services of a competent New York discrimination lawyer. Call us today.

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