Filing a Pregnancy Discrimination Claim

Ready to Fight Back? Here’s How to File a Pregnancy Discrimination Claim

You’ve got a lot on your plate right now, growing a human, juggling work, and dealing with an employer who suddenly sees you differently. That’s frustrating and flat-out wrong. Pregnancy should be a time of support, not whispers, awkward silences, or missed promotions. If you’re wondering whether this is legal, or just plain unfair, you’re already asking the right questions. Connecting with pregnancy discrimination attorneys can bring you one step closer to answers and action.

At Horn Wright, LLP, attorneys represent working parents who’ve been sidelined or shut out just for starting a family. Laws vary depending on where you live. New York offers strong protections. States like Vermont, New Hampshire, and Maine have their own versions, but the rules aren’t exactly the same. That’s why it’s important to understand your rights where you live and work.

When the Baby News Throws Everything Off at Work

You probably thought your pregnancy would be met with support or at least some understanding. But then the vibe shifts. People stop including you. Your input suddenly “isn’t needed.” And just like that, your confidence starts to shrink.

Sometimes that subtle shift is a sign of a hostile work environment. Other times, it’s a more obvious pattern of exclusion.

Signs You’re Facing Pregnancy Discrimination

This isn’t only about being pregnant, but how people treat you because of it. And that can get wrapped up in sex discrimination, retaliation, or a toxic company culture that punishes caregivers.

Your employer can’t legally:

• Fire you for being pregnant
• Deny you basic accommodations
• Pass you over for promotions
• Push you onto leave without cause

When your responsibilities shift, or you suddenly feel under a microscope, it might be more than just bad timing. In some cases, it’s linked to deeper sexual harassment or bias that hides behind professional language.

The Subtle Stuff That Still Hurts

It’s the little things: backhanded compliments, being left out of big decisions, or feeling like a burden. Your boss might have praised you for months until you announced your pregnancy. Two weeks later, you’re labeled “distracted.” You might have also been promised a raise, but asked for maternity leave, and suddenly, that raise disappeared. “Budget cuts,” they said.

Patterns like these can also spiral into wrongful termination. If your gut says something’s off, listen to it.

Get Clear on the Law Before You Speak Up

You're not making this up. And you don’t need to have all the answers right away. But if you’re thinking about taking action, you need to know what the law actually says.

What You’re Protected From (and What You’re Owed)

You’ve got rights even when it feels like your boss, HR, or coworkers are pretending otherwise. You shouldn’t have to second-guess yourself for needing rest breaks, asking about leave, or just showing up pregnant. So let’s break it down in plain terms:

• Federal Law: The Pregnancy Discrimination Act says employers can’t treat you differently because you’re pregnant. The Family and Medical Leave Act gives eligible workers time off without losing their job.
• New York Law: Any employer, big or small, has to offer reasonable accommodations.
• NYC Law: Even stronger. They’ve got to work with you to figure out what you need. Not just once, but through an ongoing, two-way conversation.

This isn’t some nice-to-have workplace policy but a legally binding law. These protections were put in place because too many pregnant workers were being pushed out, penalized, or ignored. But laws don’t enforce themselves, you’ve got to know how to use them.

Why You Need to Keep Every Receipt

Start tracking things now before they rewrite history. That manager who was all smiles might change their story later. Keep everything.

Dealing with wrongful termination? Facing sudden write-ups? Your notes could be the difference between being dismissed and being heard.

Keep track of emails, Slack messages, and texts including what was said, by whom, and when, and names of coworkers who witnessed anything.

New York gives you three years to act, but don’t wait. And while you’re at it, explore your paid family leave benefits. It’s all connected.

Filing a Complaint That Actually Gets Noticed

Filing might feel scary, but it’s not about stirring drama. It’s about protecting yourself. You don’t have to yell. You just have to document and take the right steps.

Which Agency Should You File With?

You’ve got options and the path you choose can shape how quickly your case moves, how much leverage you have, and what remedies might be available to you. Each agency has its own strengths and processes, so it’s worth taking a moment to think about which direction makes sense for your situation:

• Equal Employment Opportunity Commission (EEOC): The federal option. Helpful if you’re thinking about suing later, especially if your case involves a larger company that operates across states.
• New York Division of Human Rights: Offers strong statewide protections, and can address discrimination claims across the state, even outside New York City.
• NYC Commission on Human Rights: Especially useful for city-based claims where local laws often go further than state or federal protections, giving you an extra layer of security.

Your complaint may get shared between agencies, and that’s actually a good thing as it helps make sure no one slips through the cracks and the right laws apply to your case. Don’t stress about where it lands first. What truly matters is putting your situation on record so the process can begin.

Gather the Goods: Here’s What to Bring

Pregnancy bias doesn’t always stand alone. Maybe you’ve also dealt with wage theft or overtime violations. Don’t leave anything out.

Make sure you’ve got a solid timeline of events, screenshots or emails that back you up, HR notes or reviews, and pay stubs, schedules, or company policies that suddenly changed.

Details matter, especially if you’re dealing with FMLA retaliation. Don’t give them room to twist the story.

What Happens After You File

You hit submit. Now what?

This is the stage where your complaint triggers an official process. Thanks to the Pregnant Workers Fairness Act, things are finally shifting. This law works alongside the Americans with Disabilities Act to give you stronger ground to stand on.

Once your complaint is filed, investigators may:

• Talk to you and your coworkers
• Review documents, schedules, or internal communication
• Ask your employer for a detailed written response

After that, agencies decide how to move forward. They might suggest mediation, push for a settlement, or, if needed, escalate the matter into a lawsuit. In 2024, the EEOC filed over 100 lawsuits, including five under this very law. That shows your complaint doesn’t just sit in a file; it has the power to drive real action.

You’ve Been Through Enough: Let’s Talk About What’s Next

If your job got harder the moment you shared your pregnancy news, you deserve better. And you don’t have to keep quiet about it. Talk to pregnancy discrimination attorneys who take your concerns seriously. Reach out to Horn Wright, LLP. It's your story so let’s make sure it’s heard.