Pregnancy Discrimination & ADA Accommodations

When You Ask for Help and Get Punished Instead

Pregnancy comes with changes. Maybe you need a stool to sit on, a flexible schedule for appointments, or lighter duty for a few weeks. 

These are legally recognized accommodations. But some employers in New York act like your requests are an inconvenience. Instead of support, you get side-eyed, ignored, or even pushed out. That’s discrimination, plain and simple.

Our pregnancy discrimination attorneys at Horn Wright, LLP, fight for employees who were denied fair treatment under the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), and New York’s state and city laws. 

When your health and career are on the line, you deserve more than empty promises. We also serve clients in Maine, Vermont, New Hampshire, and New Jersey. Each state handles accommodations a little differently. 

New Jersey’s Law Against Discrimination is especially tough on employers who resist, Vermont emphasizes broad protection for medical conditions, and New Hampshire’s rules are narrower. Understanding these differences helps us fight for the best outcome, wherever you work. 

Call us at (855) 465-4622 and let’s talk about how we can protect your job and your future.

How the ADA and Other Laws Protect Pregnant Workers

You don’t have to beg for basic support at work. Federal, state, and local laws create overlapping protections that require employers to make reasonable adjustments.

The Americans with Disabilities Act (ADA) covers certain pregnancy-related conditions like gestational diabetes, preeclampsia, or pregnancy-related mobility limitations. If your health care provider recommends adjustments, your employer must engage in an “interactive process” to figure out how to accommodate you.

The Pregnancy Discrimination Act (PDA), part of Title VII, ensures that pregnancy is treated the same as other temporary conditions. If co-workers with injuries get lighter duty but your request is denied, that’s discrimination.

In New York, the New York State Human Rights Law (NYSHRL) requires accommodations for pregnancy and related conditions, and it applies to most employers. For employees in the five boroughs, the NYC Human Rights Law (NYCHRL) goes even further, demanding that employers provide accommodations unless doing so creates an undue hardship. 

These laws work together to make sure your health isn’t sacrificed for your paycheck.

Examples of Reasonable Accommodations You Can Request

Accommodations are adjustments that let you keep doing your job safely and effectively. Here are common requests that New York law supports.

• Modified schedules. You may need extra breaks for rest, hydration, or snacks. A flexible schedule also helps with prenatal appointments. Employers who accommodate others but deny your request may be violating the PDA and NYSHRL. The law expects them to work with you, not against you. These changes rarely create undue hardship.
• Light duty or task adjustments. If your doctor limits heavy lifting or long standing periods, your employer must consider reassigning certain tasks. Other employees with short-term restrictions are often given light duty. Denying you while granting others is discriminatory. Light duty is one of the most common and reasonable accommodations.
• Remote work or telecommuting. For certain jobs, temporary remote work may be a reasonable fix. If your duties can be done from home during high-risk pregnancy weeks, an employer should consider it. Courts increasingly view remote work as a practical adjustment. What matters is feasibility, not preference.
• Equipment changes. A simple stool, ergonomic chair, or closer parking spot may be all you need. These low-cost accommodations are hard for employers to justify denying. The ADA specifically envisions equipment changes as reasonable. Denial often exposes discriminatory intent.
• Leave for medical needs. If you need short-term leave for pregnancy complications, the Family and Medical Leave Act (FMLA) and New York Paid Family Leave laws may overlap with ADA obligations. Employers can’t treat pregnancy leave requests as less legitimate than other health-related absences. Retaliation for asking is unlawful.

What Happens When Employers Say “No”

When an employer refuses to accommodate, the harm goes beyond inconvenience. It affects your health, your income, and your dignity.

First, your safety is at risk. Standing too long, lifting too much, or skipping rest breaks during pregnancy can cause serious complications. The ADA and NYSHRL exist so you don’t have to choose between your health and your job.

Second, career progress stalls. Employers may push you to “take leave early” instead of adjusting your role. That forces you to use up benefits and can shorten your time with your baby after birth. The law doesn’t allow this kind of shortcut.

Third, the refusal sends a message of bias. When your requests are dismissed while other workers’ adjustments are honored, it’s a sign that pregnancy isn’t being treated equally. That’s exactly what the PDA was designed to prevent. Courts and agencies don’t take kindly to employers who ignore clear legal obligations.

Damages You Can Recover for Denied Accommodations

If you’ve been denied accommodations, you may be entitled to compensation. These damages are meant to cover the financial and emotional harm retaliation and discrimination cause.

• Back pay. If denial of accommodations led to reduced hours, demotion, or termination, you can recover lost wages. This includes salary, overtime, and the value of benefits tied to your position. Courts calculate from the date of the adverse action until resolution. Payroll records are key.
• Front pay. When it’s not realistic to return to your old job, courts may award front pay. This covers future income you’ll miss while finding new employment. Judges weigh career trajectory, industry, and job prospects when setting the amount. It gives you time to move forward.
• Lost benefits. Health insurance lapses, missed retirement contributions, and lost PTO can all be recovered. Benefits are part of your total compensation. Out-of-pocket costs for medical care often form part of this claim. Judges recognize long-term harm from missing benefits.
• Emotional distress damages. Being forced to choose between your health and your paycheck is stressful and humiliating. Courts in New York allow damages for this emotional harm. Testimony from you, medical providers, or family can support the award. These damages recognize the personal toll.
• Punitive damages. In New York City, the NYCHRL allows punitive damages when employers show reckless disregard for your rights. These awards punish misconduct and push companies to update policies. They also warn others that denial comes with a cost.

Building Evidence That Strengthens Your Case

The stronger your documentation, the easier it is to prove your employer acted illegally. Evidence helps courts and agencies see patterns.

Start with medical documentation. Notes from your doctor describing recommended accommodations provide a clear baseline. These requests should be shared with HR or management, and any refusal should be noted.

Keep a record of communications. Emails, texts, and chat logs where you requested accommodations, or where managers denied them, are crucial. Even offhand comments matter if they show bias.

Compare treatment. Were co-workers with non-pregnancy medical conditions given flexibility while you were denied? That disparity demonstrates discrimination. Agencies like the EEOC, NYSDHR, and NYCCHR often use this evidence to prove unequal treatment.

Filing an Accommodation Claim in New York

You don’t have to handle denial alone. New York gives you several options to enforce your rights, but deadlines matter.

• File with the NYSDHR. You generally have one year to file with the New York State Division of Human Rights. They investigate and can order back pay, reinstatement, and damages. Their findings are legally enforceable.
• File with the EEOC. At the federal level, you have 300 days to file with the Equal Employment Opportunity Commission. The EEOC investigates and may mediate. If needed, they issue a right-to-sue letter so you can take your case to federal court.
• File with the NYC Commission on Human Rights. For city employees, the NYCCHR offers a powerful option. The commission enforces the broad standards of the NYCHRL and often secures significant remedies. Complaints must be filed within one year.
• Court action. With a right-to-sue letter, you can go to state or federal court. Judges can award damages, order reinstatement, or force employers to update policies. Litigation also makes retaliation costly.
• Remedies available. Successful claims may bring back pay, front pay, lost benefits, emotional damages, and punitive awards. Employers may also be required to undergo training or revise policies. These outcomes protect you and future employees.

You Deserve Support, Not Resistance

Asking for help at work during pregnancy is your right. When employers refuse or retaliate, they’re breaking the law. New York and federal statutes give you tools to protect your health, your job, and your financial security.

Our employment law attorneys at Horn Wright, LLP, stand with pregnant employees across New York who were denied accommodations or punished for asking. We fight for every dollar you’ve lost and every remedy you’re entitled to. 

We're committed to protecting workers. Reach out when you’re ready to stand up for your rights and we’ll be here to provide trustworthy legal representation.