Constructive Discharge Due to Pregnancy in New York

When Quitting Isn’t Really a Choice

Pregnancy is supposed to be a time when your employer supports you, not one where you’re left fighting to hold onto your job. Yet across New York, countless workers feel like they’ve been backed into a corner. 

When conditions become so toxic that resigning seems like the only option, the law treats that as constructive discharge. You didn’t walk away freely. Your employer forced your hand.

Our pregnancy discrimination attorneys at Horn Wright, LLP, represent employees who’ve been driven out in this way. We know the challenges of balancing health, finances, and career while your employer makes things worse. 

We also practice in Maine, New Hampshire, Vermont, and New Jersey, where the laws differ in important ways. Maine and New Hampshire both require proof of discrimination but don’t extend protections as broadly as New York’s Human Rights Law. 

Vermont has strong accommodation rules but less aggressive damages compared to New Jersey, where the Law Against Discrimination (LAD) is one of the most expansive in the country. By practicing in all these states, our team knows how to leverage the strongest protections available no matter where your case arises.

If you've been let go because you’re expecting, call us at (855) 465-4622. We’ll help you figure out how to move forward.

How New York Law Defines Constructive Discharge

Constructive discharge is recognized under both federal and state law as a type of wrongful termination. You’re not handed a pink slip, but your employer’s actions make staying unbearable. The legal question is whether a reasonable person in your position would have felt compelled to quit.

Federal law addresses this through Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). Both prohibit discrimination based on pregnancy or childbirth. 

In New York, the State Human Rights Law (NYSHRL) builds on those protections by explicitly requiring accommodations such as lighter duties or schedule adjustments. The City Human Rights Law (NYCHRL) provides even broader coverage, making it easier for workers to prove claims.

Courts in New York take these cases seriously, but they also apply a demanding standard. That’s why it’s important to understand both the protections in place and the evidence you’ll need to present.

Warning Signs You’re Being Forced Out

Many pregnant workers don’t realize right away that they’re experiencing constructive discharge. The process is often gradual, but the signals are clear if you look closely.

• Your accommodation requests vanish into silence. You ask for an extra break or a modified task, and management does nothing. Over time, the lack of response chips away at your ability to keep working, creating a situation where quitting seems like the only option.
• Your role suddenly changes without explanation. Hours get cut, prime shifts disappear, or you’re reassigned to tasks far below your skill level. Each change feels like punishment for being pregnant, and the financial impact makes it even harder to stay.
• Supervisors start hinting you should “step back.” Instead of outright firing you, they frame leaving as “best for everyone.” These comments send the message that your future at the company is already closed off.
• Performance reviews take a sharp turn. What was once positive feedback is replaced with criticism that doesn’t match your work. The shift creates a hostile environment and builds the paper trail your employer may try to use against you.

Taken together, these actions can create the intolerable conditions that define constructive discharge in New York.

The Legal Protections You Can Rely On

Pregnancy should never be a reason to lose your job. New York law provides overlapping layers of protection that make it unlawful for employers to create conditions forcing you to resign.

The Pregnancy Discrimination Act requires employers nationwide to treat pregnant workers the same as others with temporary health conditions. The NYSHRL goes further, covering smaller employers with just four or more workers and requiring accommodations unless they create undue hardship.

 Inside New York City, the NYCHRL takes the broadest view, allowing claims even when conduct might not meet the stricter federal threshold.

If you qualify under the Family and Medical Leave Act (FMLA), you may also be entitled to up to 12 weeks of job-protected leave. Denials of leave requests or retaliation for using them often appear in constructive discharge cases. 

These overlapping laws create a strong foundation for fighting back when an employer tries to force you out.

Why Employers Push Pregnant Workers Toward the Exit

It’s painful to admit, but some employers prefer to see pregnant employees leave rather than provide support. Their reasons reveal the mindset behind constructive discharge.

• Cost avoidance drives decisions. Employers may fear the expense of maternity leave, temporary coverage, or health insurance claims. By nudging you out, they believe they’re saving money at your expense.
• Stereotypes influence behavior. Outdated assumptions that pregnant workers are less productive or committed still show up in corporate decisions. These stereotypes become excuses for stripping away responsibilities.
• Scheduling fears play a role. Managers often dislike the idea of adjusting staffing around maternity leave. Rather than plan responsibly, they choose to apply pressure that makes staying impossible.
• Cultural bias lingers. In some workplaces, old-fashioned beliefs about motherhood fuel comments that you should focus on family instead of your career. Those attitudes translate into real-world discrimination.

While none of these justifications are valid, they show why constructive discharge remains a serious issue across New York.

Building the Evidence That Proves Your Case

Proving constructive discharge requires more than just your word. The law demands evidence showing your resignation was forced by unlawful conditions. That means keeping careful track of what happened.

• Detailed records create the foundation. Write down dates, times, and descriptions of discriminatory acts. Over weeks or months, this timeline demonstrates how conditions grew unbearable.
• Communications show intent. Save emails, texts, or notes from meetings that reveal hostility or denial of requests. Written words carry weight in front of agencies and courts.
• Medical documentation backs you up. If your doctor recommended adjustments that were ignored, that evidence links your health directly to your employer’s refusal to act.
• Witnesses strengthen credibility. Co-workers who observed treatment firsthand can provide statements that confirm your account. Their testimony often turns a case from one person’s word into collective proof.

Strong evidence makes it more difficult for your employer to argue that leaving was your personal choice rather than the product of discrimination.

The Claim Process in New York

Once you resign, you still have the right to take legal action. The process requires careful timing and an understanding of the steps involved.

First, you can file a complaint with the New York State Division of Human Rights within one year of the discriminatory conduct. Alternatively, you can file with the Equal Employment Opportunity Commission (EEOC) within 300 days. Both agencies investigate claims and may attempt mediation.

If resolution doesn’t happen at that stage, you can request a right-to-sue letter and move forward with litigation in federal or state court. At trial, your attorney will present evidence that your resignation was the direct result of intolerable, unlawful treatment. 

Potential remedies include back pay, front pay, compensation for emotional distress, and in some cases punitive damages under the NYCHRL. These claims aren’t easy, but with proper preparation, they can deliver both accountability and financial relief. 

Turning a Forced Exit Into Action

Resigning during pregnancy doesn’t always mean giving up. 

If your workplace created conditions that left you no choice, that resignation is legally viewed as a termination. The law in New York is on your side, and you have paths to pursue justice.

Our pregnancy discrimination attorneys have stood with employees across Albany and beyond who were forced out under these circumstances. 

If this happened to you, connect with Horn Wright, LLP, to arrange a free case review. See why clients trust our local New-York based attorneys.