Legal Rights for Pregnant Employees

Why Pregnancy and Work Shouldn’t Be a Battle

Pregnancy changes a lot about your daily life, but it shouldn’t change how you’re treated at work. Too many employees in New York face unfair treatment, from being sidelined for promotions to being denied simple accommodations. 

That’s where your legal rights step in. These protections exist to make sure employers respect your health, your job, and your growing family.

Our pregnancy discrimination attorneys at Horn Wright, LLP, help workers who are dealing with unfair treatment, denied leave, or retaliation. We know New York’s protections inside and out, and we also advise clients in Maine, Vermont, and New Hampshire where laws look a little different. 

If your boss is crossing the line, call us at (855) 465-4622. We’ll protect your rights while you focus on your health and family.

The Core Protections Under Federal Law

At the federal level, two major laws set the foundation for your rights: the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). 

The PDA prohibits discrimination “because of pregnancy, childbirth, or related medical conditions.” That means employers can’t fire you, demote you, or refuse to hire you just because you’re pregnant.

The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave for pregnancy or childbirth. During this time, your employer can’t replace you permanently or cut off your health benefits. Together, these laws form the backbone of federal protections. 

But while the PDA and FMLA are powerful, they’re not the whole story—especially in New York, where state laws add even stronger safeguards. Knowing both layers of protection helps you decide the best way to pursue a claim if something goes wrong.

State-Level Rights in New York

New York law goes further than federal law in protecting pregnant employees. 

The New York State Human Rights Law (NYSHRL) makes pregnancy discrimination illegal in all workplaces, regardless of size. This is a big deal, since federal law only applies to employers with at least 15 workers.

New York also has the Pregnant Workers Fairness Act, which requires employers to provide reasonable accommodations for pregnancy. That could include things like more bathroom breaks, temporary changes in work duties, or a modified schedule. 

On top of that, New York’s Paid Family Leave program provides paid time off for bonding with a new child, setting it apart from the unpaid FMLA leave. These overlapping protections create one of the strongest safety nets in the country for pregnant employees. 

They also give New Yorkers more leverage if their employer tries to cut corners or dodge responsibility.

How Discrimination Still Shows Up on the Job

Even with these laws, many workers still face pregnancy discrimination. It doesn’t always look like an outright firing. It often shows up in subtle but damaging ways. Employers sometimes act like they’re following the law while quietly making your job harder.

• Being denied promotions or raises. Some companies stop considering pregnant workers for advancement, assuming they won’t be as committed. This bias has nothing to do with performance and everything to do with stereotypes. The law says opportunities must remain equal.
• Unfair schedule changes. Employers may suddenly cut hours or alter shifts after learning about a pregnancy. These changes can disrupt income and stability, making life more difficult at exactly the wrong time.
• Exclusion from meetings or projects. Some supervisors start leaving pregnant employees out of key opportunities. That exclusion can damage career growth and send a clear message of bias.
• Pressure to take leave early. Employers sometimes “suggest” you start leave sooner than you planned. In reality, they’re sidelining you before it’s necessary, which is both discriminatory and unlawful.

The Accommodations You’re Entitled To

Pregnant employees have a legal right to reasonable accommodations under both New York and federal law. 

These adjustments are meant to keep you safe and able to work without putting your health at risk. Employers can’t brush off requests just because they’re inconvenient.

Reasonable accommodations often include things like extra breaks, the ability to sit instead of stand, or lighter physical tasks. In many cases, they’re small changes that cost little but make a big difference. 

If an employer refuses to consider them, that refusal itself can be discrimination. The law only lets them deny accommodations if they can prove it would create an “undue hardship,” which is a tough standard for most companies to meet. 

Courts in New York often look at the actual costs and feasibility, not exaggerated claims from employers who simply don’t want to make changes.

Employer Tactics to Push Back on Rights

Unfortunately, many companies don’t follow the law voluntarily. Instead, they use excuses to deny requests, discourage leave, or make employees feel powerless. Recognizing these tactics helps you push back.

• Claiming no knowledge of the law. Some employers act like they don’t understand the requirements. That’s no excuse. Ignorance doesn’t erase their legal duty. Courts in New York rarely accept “we didn’t know” as a defense, which makes this tactic weak once challenged.
• Overstating hardship. Companies often exaggerate how disruptive accommodations would be. In most cases, the changes are minimal and manageable. Judges tend to look closely at whether the hardship is real or simply exaggerated to dodge responsibility.
• Dragging out responses. Employers sometimes delay action on requests to make employees give up. The law requires timely responses, and slow-walking isn’t acceptable. These delays often become part of the evidence against them when a claim is filed.
• Creating a hostile environment. Subtle retaliation, like isolating you at work, may follow after you request accommodations or leave. That’s a violation just as serious as outright denial. Courts recognize this behavior as retaliation, even when employers try to frame it as “normal management.”

Why Timing Matters So Much

Your legal rights are powerful, but they’re also tied to strict deadlines. 

Pregnancy discrimination claims under New York law typically must be filed within three years in court or one year with the Division of Human Rights. Federal FMLA claims have a two-year statute of limitations, or three years if the violation was willful.

Acting quickly protects you in more ways than one. Evidence is fresher, witnesses remember details better, and employers haven’t had time to cover their tracks. Waiting, on the other hand, only benefits the company. 

Taking action early also prevents confusion between state and federal filing windows, which can be tricky to manage if you’re not familiar with the law.

How Legal Support Levels the Field

Employers often have entire HR departments and legal teams protecting their interests. Going up against that alone is intimidating, and it’s easy to make mistakes with deadlines or paperwork. Having employment law attorney on your side changes the balance of power.

Our pregnancy discrimination attorneys at Horn Wright, LLP, have represented pregnant employees across New York in discrimination, leave, and retaliation cases. We know how to uncover proof of bias, challenge employer excuses, and hold companies accountable. 

If your rights are being ignored, we’re here to help. Your pregnancy shouldn’t cost you your career, and we’ll make sure the law protects you the way it’s supposed to.