Pregnancy Discrimination & Employer Policies in New York

Policies Are Meant to Protect You, Not Push You Out

Every workplace has policies on the books—handbooks, HR manuals, leave forms, benefit guidelines. But when you’re pregnant, those policies sometimes get twisted or ignored. 

Employers claim they’re “just following procedure,” when in reality, they’re cutting corners that hurt you. Policies should support you through your pregnancy, not put up barriers.

Our pregnancy discrimination attorneys at Horn Wright, LLP, have seen how confusing and intimidating it feels when policies are used as weapons instead of protections. We fight for employees across New York who’ve had benefits denied, accommodations ignored, or careers stalled because of flawed or misapplied rules. 

We also represent clients in Maine, New Hampshire, Vermont, and New Jersey. Each state’s framework is different: Vermont’s leave policies offer broad access, New Hampshire has narrower protections, while New Jersey’s Law Against Discrimination (LAD) is considered one of the toughest in the nation. 

Comparing these approaches lets us craft strategies that maximize your legal protection no matter where you work. Call us at (855) 465-4622 if you’re struggling. Our team knows how to push back when policy gets used the wrong way.

The Policies Employers Use Against Pregnant Workers

Not all policies are written fairly, and some are written fine but applied unfairly. Knowing how these policies play out helps you spot when discrimination is happening.

• Attendance and leave policies that don’t flex. Employers often apply strict absence rules to pregnant workers while bending them for others. This double standard punishes you for medical needs that are legally protected. Denying flexibility under the Family and Medical Leave Act (FMLA) or New York’s Paid Family Leave law violates your rights. When employers use rigid attendance policies to discipline or fire you, that’s discrimination hiding in plain sight.
• Dress codes or “appearance” policies. Some workplaces use outdated dress codes to criticize pregnant employees. Claiming that maternity attire doesn’t fit “professional standards” is a cover for bias. These criticisms not only humiliate workers but also discourage them from remaining in the role. The NYCHRL explicitly prohibits policies that unfairly impact pregnant employees. Employers must adapt dress standards reasonably during pregnancy.
• Job duty assignments. Policies that require “all employees” to perform heavy lifting or long hours may seem neutral, but in practice, they harm pregnant workers disproportionately. If your doctor recommends adjustments and your employer refuses, that’s discriminatory. Policies can’t be applied blindly when the NYSHRL requires reasonable accommodations. Using “standard duties” as an excuse is unlawful.
• Performance evaluation rules. Companies sometimes evaluate pregnant employees under stricter performance criteria. These policies often ignore the context of accommodations or prenatal needs. By holding pregnant workers to a higher bar, employers create artificial grounds for discipline. That misuse of policy violates both federal and state law.

Policies aren’t supposed to be used as loopholes for discrimination. When they are, the law steps in.

How Federal and State Law Treat Employer Policies

Pregnancy discrimination is addressed at multiple levels of law. Each layer gives you a different tool to challenge policies that target you unfairly.

The Pregnancy Discrimination Act (PDA), part of Title VII of the Civil Rights Act, makes it illegal to treat pregnancy differently from other temporary conditions. If an employer’s policies give special treatment to employees with short-term injuries but deny the same to you, that’s a violation.

In New York, the State Human Rights Law (NYSHRL) goes further. It requires employers to provide reasonable accommodations and applies to workplaces with as few as four employees. That means small businesses are just as accountable as large corporations.

For employees in the five boroughs, the New York City Human Rights Law (NYCHRL) provides the broadest standard. Courts interpret it more liberally, meaning policies don’t have to be extreme to count as discrimination. You’re entitled to fair treatment under every policy that touches your job, pay, and benefits.

Policies in Health Care, Retail, and Offices

Pregnancy discrimination looks different depending on the industry. Each sector has policies that employers misuse to block accommodations.

• Health care facilities often rely on “universal” job requirements. Policies say all nurses must lift patients or handle long shifts. When applied to pregnant workers, this creates impossible conditions. Even with medical notes, managers sometimes refuse to adjust, citing “policy.” That’s discriminatory under both the PDA and the NYSHRL.
• Retail and service jobs focus on attendance and scheduling. Strict rules about lateness or shift swaps often hurt pregnant employees most. When employers refuse to adjust policies for prenatal appointments or fatigue-related needs, they’re violating the law. These policies are often enforced unevenly—flexible for some, rigid for others. That unevenness proves discrimination.
• Corporate offices misuse performance policies. Pregnant workers suddenly get reviewed more harshly or excluded from advancement. Policies about “availability” or “flexibility” are applied selectively. When others are allowed to adjust schedules for non-pregnancy reasons but you’re denied, the bias is clear. New York law prohibits that selective enforcement.

Industry-specific policies can’t be used to mask discrimination. The law requires fair application across the board.

Why Employers Stick to Discriminatory Policies

Employers often defend harmful policies by saying “this is how it’s always been.” But when those policies hurt pregnant workers, they’re crossing a legal line. Here’s why they dig in.

• Cost control. Employers worry accommodations or benefits will cost more money. By sticking to rigid policies, they avoid adjustments but break the law. Saving costs doesn’t justify discrimination.
• Fear of setting precedent. Companies worry that making an exception for one worker means opening the floodgates. This fear leads to rigid enforcement, even when the law requires flexibility. The NYSHRL specifically rejects this excuse.
• Stereotypes about commitment. Outdated beliefs about pregnant employees being “less reliable” drive strict enforcement of rules. Policies become a tool to squeeze workers out. These biases fuel many discrimination claims.
• Lack of policy review. Some companies never update their handbooks. Old policies that fail to reflect current law remain in play, harming pregnant workers. Failing to review policies regularly can itself be evidence of negligence.

These justifications don’t stand up legally. They reveal intent to discriminate rather than legitimate business needs.

Building Evidence When Policies Are Misused

If policies were used against you unfairly, you’ll need evidence to show they were applied in a discriminatory way. Agencies and courts look for consistency, comparisons, and records.

• Employee handbooks and written policies. Keep copies of the documents that outline official rules. Compare them with how they were enforced in your case. Inconsistencies show selective application. New York courts weigh these heavily in discrimination cases.
• Attendance records and performance reviews. If your evaluations shifted after pregnancy disclosure, save the paperwork. When records show sudden drops without reason, that’s strong proof. Agencies like the Equal Employment Opportunity Commission (EEOC) rely on these patterns.
• Emails or texts from managers. Written communications about “policy” often expose discriminatory motives. Even offhand remarks can reveal bias. Keep every message connected to policy enforcement.
• Comparisons to other employees. If others with short-term health issues received flexibility, note those cases. Courts consider these comparisons as direct evidence of discrimination. The NYCHRL especially emphasizes how policies impact different groups.

Evidence transforms policies from neutral-sounding words into proof of targeted discrimination.

Filing a Claim When Policies Cross the Line

When employer policies are applied in discriminatory ways, you can take action. In New York, you have multiple options depending on timing and the scope of your case.

You can file with the New York State Division of Human Rights (NYSDHR) within one year. This agency investigates discrimination claims, including misuse of policies against pregnant workers.

At the federal level, the Equal Employment Opportunity Commission (EEOC) handles claims filed within 300 days. Many employees file with both agencies to maximize protection. If the case isn’t resolved there, you can request a right-to-sue letter and pursue court action.

Courts may award back pay, restoration of benefits, compensation for emotional distress, and punitive damages under the NYCHRL. 

Policies Should Protect, Not Punish

Policies are meant to guide workplaces, not exclude people. 

When pregnancy leads to unfair use of attendance rules, job assignments, or performance standards, the law sees it as discrimination. You deserve better than rigid policies used as barriers.

Our employment attorneys at Horn Wright, LLP, have helped employees in Albany and across New York fight back when policies were turned against them.

See why workers trust us and reach out to discuss how we can defend your rights at work. Contact our office to arrange your free case review.