You’re Bringing a New Life into the World … Is Your Employer Discriminating Against You?
Pregnancy is supposed to be a joyful experience—a new life is entering the world. But your employer may discriminate against you by terminating your employment, disciplining you, or changing the terms and conditions of your employment, because you are pregnant. This is pregnancy discrimination, and it is illegal. If you believe you are experiencing discrimination at your job because you’re pregnant, you can file a discrimination complaint with the New York State Department of Labor.
The New York State Human Rights Law also requires employers to accommodate a “pregnancy related condition,” which includes any medical condition related to pregnancy or childbirth. The Pregnant Workers Fairness Act, (PWFA) which went into effect on June 27, 2023, is a federal law that protects the rights of pregnant workers. The PWFA requires employers with fifteen or more employees to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions. The final rule grants protections similar to those granted to disabled employees under the Americans with Disabilities Act (ADA), but PWFA gives greater protection to pregnant workers than the ADA, covering most physical and mental conditions related to pregnancy, not only those severe enough to be regarded as disabilities.
PWFA Key Provisions
Reasonable Accommodations: Employers must provide reasonable accommodations for pregnant workers unless it would cause undue hardship. Examples of accommodations could include modified work schedules, temporary reassignment to less strenuous tasks, or allowing more frequent breaks.
Prohibition Against Discrimination: Employers cannot discriminate against an employee or job applicant based on pregnancy, childbirth, or related medical conditions. This includes refusing to make reasonable accommodations to pregnant workers or retaliating against someone for requesting accommodations or participating in a PWFA proceeding, such as an investigation.
Interactive Process: Employers are required to engage in an interactive process with the employee to determine suitable accommodations, similar to what is required under the ADA and New York State Human Rights Law. An employee must not be required to accept an accommodation other than a reasonable accommodation arrived at through an interactive process. Together, employers and employees are expected to determine the accommodations that meet the needs of both parties.
Prohibition Against Mandatory Leave: Employers cannot force a pregnant worker to take leave if another reasonable accommodation is available that would allow her to continue working.
Covered Pregnancy Related Limitations: The PWFA may cover pregnancy related limitations including but not limited to: current, past, potential and intended pregnancy; infertility, fertility treatment and the use of contraception; gestational diabetes; preeclampsia and hyperemesis gravidarum; nausea, vomiting, high blood pressure; postpartum depression or anxiety; lactation and conditions related to lactation.
Potential Lawsuits: If companies have not complied with the PWFA, lawsuits could ensue. The Equal Employment Opportunity Commission (EEOC) is intent on enforcing the PWFA retroactively and prospectively. For your information the EEOC provides a video that explains the PWFA. Though the law recently went into effect, already the EEOC is enforcing PWFA regulations with several lawsuits. Companies or businesses that fail to abide by PWFA could pay out substantial conciliation fees and penalties.
Discrimination against pregnant women in the workforce is illegal. File a discrimination complaint with the New York State Department of Labor if you’re experiencing adverse actions by employers or co-workers due to your pregnancy.