Pregnancy Discrimination & Employee Benefits in New York

Your Benefits Shouldn’t Disappear with Your Pregnancy

Employee benefits exist to give you stability—health insurance, paid leave, retirement contributions, and more. But for some New Yorkers, announcing a pregnancy changes everything. Benefits are cut, access is denied, or contributions vanish. 

Our pregnancy discrimination attorneys at Horn Wright, LLP, represent workers who were unfairly stripped of benefits while they're expecting. We know what it feels like when the safety net you’ve worked for gets pulled away.

Our firm also works across Maine, New Hampshire, Vermont, and New Jersey. The protections in those states differ. Vermont’s leave laws cover more employees than Maine’s, while New Jersey’s Law Against Discrmination provides strong remedies beyond what federal law allows. 

By practicing in all these states, we can compare protections and build strategies that work wherever you’re employed. Contact (855) 465-4622 and we’ll fight to protect what you’ve earned.

Why Benefits Discrimination Hurts So Deeply

Pregnancy discrimination tied to benefits isn’t only about money. 

It changes your health care, your family planning, and your long-term stability. Losing benefits when you need them most can push families to the breaking point.

Federal law addresses this through the Pregnancy Discrimination Act (PDA), which requires pregnancy to be treated like any other temporary health condition. New York adds further safeguards with the State Human Rights Law (NYSHRL), requiring reasonable accommodations and banning benefit denials. Inside New York City, the City Human Rights Law (NYCHRL) expands protection even more broadly.

These overlapping protections exist because benefits discrimination strikes at the very foundation of workplace equality. Denying benefits isn’t just a financial issue. It’s an attack on security.

The Benefits Employers Commonly Try to Restrict

One of the most visible signs of pregnancy discrimination comes through benefits manipulation. Employers often use subtle strategies to disguise it.

• Health coverage limitations. Employers may claim pregnancy services aren’t covered or force workers onto less comprehensive plans. Cutting insurance access tied to pregnancy is illegal under federal and state law. It can leave workers without essential prenatal or delivery care, creating unnecessary risks for both parent and child. Employers cannot justify this by citing cost savings or administrative burdens.
• Paid leave blocked. Some employers refuse to let workers apply accrued sick leave or PTO toward pregnancy-related needs. Denying this access is a form of discriminatory treatment. It forces employees to either work through medical needs or lose income, both of which create stress during pregnancy. Courts in New York have recognized that this kind of restriction unfairly penalizes pregnant workers.
• Retirement contributions withheld. Employers sometimes pause 401(k) or pension contributions when employees take pregnancy leave. The law requires these benefits to continue just as they would for any other leave. Missing contributions affect not only short-term finances but also long-term retirement security. Denying them during pregnancy shows clear discriminatory intent.
• Short-term disability exclusions. Pregnancy is often misclassified by employers as “non-disability.” Excluding it leaves workers without income during recovery, even though the law treats it as a covered condition. This tactic unfairly separates pregnancy from other medical issues that qualify for coverage. Employees in New York have the right to challenge these practices.

Each tactic has one goal: to pressure pregnant employees financially until they leave the job.

How Leave Laws Protect Your Benefits

Leave laws in New York create some of the strongest protections for benefits in the nation. The Family and Medical Leave Act (FMLA) grants up to 12 weeks of unpaid, job-protected leave. During this time, health benefits must continue under the same terms as if you were still working.

New York’s Paid Family Leave (PFL) adds another layer by offering partial wage replacement while bonding with a new child. Importantly, PFL also provides job protection, which means your employer can’t retaliate against you or strip your benefits because you use it.

Together, FMLA and PFL make it clear: employers in New York must maintain benefits during pregnancy-related leave. Cutting benefits during this period is a violation of both federal and state law. 

The Motives Behind Benefit Reductions

Employers who tamper with benefits during pregnancy usually have calculated reasons. Understanding those motives makes it easier to recognize what’s happening.

• Cost savings above fairness. Employers often view health care and leave benefits as expenses to avoid. Cutting benefits tied to pregnancy is a way to protect their bottom line, not their employees. This mindset prioritizes profit over worker well-being, creating systemic inequality. In New York, such practices are legally prohibited under the NYSHRL.
• Discouraging time off. Some companies intentionally reduce benefits so employees hesitate to take leave. This tactic creates financial fear and suppresses the use of legal entitlements. Workers may feel pressured to remain at work against medical advice. Laws like the FMLA and PFL exist to stop exactly this kind of conduct.
• Creating pressure to resign. By limiting or denying benefits, employers make it difficult for pregnant employees to continue working, hoping they’ll walk away voluntarily. This type of financial coercion is recognized by courts as a form of constructive discharge. It undermines the protections designed to keep employees in the workplace. Employers may face steep penalties when caught.
• Gender bias disguised as policy. Old stereotypes drive many of these actions, with managers framing pregnancy as incompatible with work. These biases fuel decisions that appear neutral but disproportionately harm pregnant workers. Policies written without considering pregnancy often mask discriminatory intent. New York City’s Human Rights Law specifically targets this kind of subtle discrimination.

These motives underscore why laws in New York are designed to punish benefit-related discrimination aggressively.

Evidence That Proves Benefit Discrimination

If your benefits changed after disclosing a pregnancy, evidence can reveal whether discrimination is at play. Building a record of what happened is critical.

• Benefit plan documents. Compare the official benefits plan against what you were actually given. Discrepancies tied to pregnancy become powerful evidence. These mismatches show employers are selectively applying rules against pregnant workers. Courts in New York regularly consider this type of documentation.
• Payroll and contribution records. Proof that retirement contributions or health premiums stopped during leave strengthens your claim. These numbers provide an objective way to measure harm. Financial records can’t easily be disputed by employers. They’re often some of the strongest pieces of evidence in discrimination cases.
• Internal communications. Save emails or memos where managers deny coverage or discourage leave. These words often show discriminatory intent directly. Communications written casually can still carry serious legal weight. Agencies like the Equal Employment Opportunity Commission often use them to confirm unlawful motives.
• Co-worker experiences. If others in similar roles didn’t lose benefits, while yours changed after pregnancy disclosure, that contrast highlights discriminatory treatment. Comparing your treatment to theirs exposes bias. Witnesses can provide written statements supporting your case. Their testimony demonstrates that discrimination wasn’t isolated.

Documenting these details makes it far harder for an employer to argue that benefit reductions were neutral business decisions.

Filing a Benefits-Based Claim in New York

If your benefits were restricted because of pregnancy, you have multiple paths to pursue justice. 

Complaints can be filed with the New York State Division of Human Rights (NYSDHR) within one year or with the Equal Employment Opportunity Commission (EEOC) within 300 days. Both agencies review evidence, investigate, and attempt mediation.

If your case isn’t resolved there, you can request a right-to-sue letter and pursue legal action in court. Remedies may include reimbursement for lost benefits, restoration of coverage, compensation for emotional distress, and punitive damages under the NYCHRL. Courts can also order employers to change policies to prevent future violations.

Local resources such as the EEOC New York District Office and the Albany Human Resources Department provide information and complaint support.

Protecting Benefits Means Protecting Families

Pregnancy should never be treated as a reason to cut off benefits you’ve earned. 

When employers target health coverage, retirement contributions, or paid leave, they break the law. New York’s protections exist to ensure your benefits remain intact, even during pregnancy and postpartum recovery.

Our dedicated employment attorneys at Horn Wright, LLP, fight for employees across New York who’ve been denied benefits because of pregnancy. Let’s discuss how we can protect your benefits and your future.