Employer Defenses Against Pregnancy Claims

Employers Push Back: Here’s What You’re Up Against

When you decide to challenge pregnancy discrimination, you’ll probably feel ready to fight for your career and your dignity. But don’t be surprised when your employer starts fighting back. Companies rarely admit wrongdoing outright. Instead, they lean on technical defenses to dodge responsibility.

Our pregnancy discrimination attorneys at Horn Wright, LLP, have seen these strategies time and again. We represent employees across New York when businesses try to deny, delay, or dismiss valid claims of pregnancy discrimination. 

Laws differ slightly across Northeastern states. In New York, the Human Rights Law requires employers to provide reasonable accommodations for pregnancy and related conditions, and it applies to nearly all employers regardless of size. 

By contrast, New Jersey’s Law Against Discrimination goes even further in explicitly requiring workplace accommodations. In states like Maine, New Hampshire, and Vermont, protections are also strong but may have narrower filing windows or different standards for proving discrimination. Knowing these distinctions helps us tailor the right approach for your case.

If you’re facing a boss who’s playing defense instead of making things right, call us today at (855) 465-4622. We’ll step in with the knowledge and experience you need on your side.

The “Legitimate Reason” Excuse

One of the most common employer defenses is claiming the decision had nothing to do with your pregnancy. Instead, they’ll say it was based on performance, restructuring, or attendance. On paper, this can look convincing. In practice, it often doesn’t hold up.

New York State Human Rights Law (NYSHRL) and the federal Pregnancy Discrimination Act make it clear: if pregnancy is even a factor in the decision, that’s unlawful. Employers can’t cover discrimination with vague “business reasons.” You’ll need evidence showing the stated excuse doesn’t match the reality of your work. This is where records, emails, and timelines start to matter.

Courts in New York have consistently looked past surface-level justifications when the timing doesn’t add up. If a sudden demotion, cut in hours, or termination happens right after pregnancy becomes known, judges and agencies see that pattern for what it is. 

Even in other states like Vermont or Maine, where standards can vary slightly, decision-makers are alert to these inconsistencies. The key is connecting the dots so the so-called “legitimate reason” is exposed as nothing more than a smokescreen.

How Employers Attack Your Performance Record

Employers often try to rewrite history when pregnancy claims surface. They go back and dig up old complaints, late arrivals, or missed deadlines. Suddenly, issues that never seemed important before are used as justification for your treatment.

• Selective memory becomes the weapon. Companies highlight minor issues while ignoring years of solid reviews. They cherry-pick evidence to fit the story they want to tell. This tactic creates an illusion of poor performance even when the broader record proves otherwise.
• Inflating small mistakes. A missed call or an overlooked email suddenly gets blown out of proportion. The goal is to create a narrative that you weren’t dependable. In reality, no workplace is free of minor errors, and using them this way is unfair.
• Creating a paper trail after the fact. Supervisors sometimes start documenting every tiny slip only after learning about your pregnancy. This manufactured record is meant to protect them, not reflect your true performance. It’s an intentional move designed to build a defense, not to track actual work quality.
• Ignoring positive contributions. Your wins, extra hours, and leadership moments fade into the background. When stacked against selective negatives, the record feels skewed and unfair. By stripping context, they minimize your value and exaggerate flaws.

Claims of Neutral Policy Enforcement

Employers also argue they’re just applying “neutral” policies. Maybe it’s an attendance rule. Maybe it’s a leave policy. They’ll say you weren’t singled out; you were treated the same as anyone else who broke the rule.

The problem? Many policies fail to account for pregnancy-related needs, which makes them discriminatory in practice. New York law requires “reasonable accommodations” for pregnancy, including more breaks, modified schedules, or time off for prenatal care. 

If a supposedly neutral rule punishes you for pregnancy-related absences, that’s  discriminatory. The courts often dig into whether a rule is actually applied fairly across the board or just wielded against pregnant employees. 

Employers can’t hide behind the idea of equal treatment when the impact clearly lands harder on one group.

Retaliation Disguised as Business Needs

When retaliation is in play, employers rarely call it that. Instead, they hide behind business jargon. You’ll hear phrases like “restructuring,” “role consolidation,” or “budget concerns.” These explanations are meant to make retaliation look like just another business decision.

• Timing is everything. If the negative action happens right after you disclose your pregnancy or request leave, it’s suspicious. Employers downplay this, but courts take timing seriously. The closer the timing, the harder it is for them to explain it away.
• Disguising punishment as reorganization. Cutting your role and redistributing tasks might look like business efficiency. In reality, it can be retaliation in disguise. The changes often don’t serve efficiency. They serve as cover for discriminatory motives.
• Blaming the economy. Some employers point to budget issues or downturns to justify cuts. Yet oddly, the person impacted is the pregnant employee, not others. It’s a selective application of hardship that reveals the real intent.
• Pushing you toward resignation. Retaliation can include subtle tactics, like removing responsibilities or excluding you from meetings, that make the job unbearable. By creating pressure, they hope you’ll leave voluntarily, saving them from accountability.

Defenses Based on Leave and Accommodations

Another defense you’ll often see? Employers insist they “already gave enough.” They’ll argue that your leave was excessive or that your requested accommodations weren’t reasonable. This is where understanding the law makes the difference.

New York’s Pregnant Workers Fairness Act requires reasonable accommodations unless it causes “undue hardship” to the employer. That’s a high bar for the company to prove. Most workplaces can handle simple modifications like adjusted schedules or temporary reassignment of tasks. 

When they claim it’s “too much,” courts often disagree. Judges look at the actual burden on the business—whether it’s financial, operational, or structural—and in most cases, basic pregnancy accommodations don’t rise to that level. 

Employers can’t exaggerate the difficulty just to deny your request.

The “No Knowledge” Defense

Sometimes employers claim they didn’t even know about the pregnancy, so discrimination couldn’t have happened. This defense might seem strong on the surface, but it unravels fast.

Three things matter here: who knew, when they knew, and how it influenced their decisions. If you told your manager, HR, or anyone in authority, the company can’t claim ignorance. 

Even visible pregnancy can defeat this defense. Courts recognize that pretending not to notice isn’t a valid shield against discrimination. In fact, decision-makers are often found to have constructive knowledge if the pregnancy was obvious, which shuts down this excuse quickly. 

Employers rarely win by playing dumb, and the law doesn’t reward willful blindness.

Why You Can’t and Shouldn’t Face This Alone

Employers bring resources, lawyers, and well-practiced defenses into the fight. They’re protecting their reputation and avoiding liability. That means you’re up against more than just your boss. You’re up against a system built to minimize your claim.

Our pregnancy discrimination attorneys at Horn Wright, LLP, have spent years breaking down employer defenses in New York courts and negotiations. We know how to expose weak excuses, uncover hidden motives, and push back when companies overreach. 

If you’re ready to hold your employer accountable, reach out to us to arrange your free case review. We’ll fight for you so your employer’s defenses don’t stand in the way of justice.