Pregnancy Discrimination & Remote Work in New York

Remote Work Doesn’t Erase Your Rights

Remote work was supposed to change everything. No more long commutes, fewer office politics, and more control over your schedule. 

For pregnant employees, it seemed like the perfect setup—work from home while protecting your health. But discrimination doesn’t just vanish because you log in from your living room. It takes new forms. Sometimes, it’s exclusion from virtual meetings. Other times, it’s retaliation for asking for leave or flexibility.

Our pregnancy discrimination attorneys at Horn Wright, LLP, know how discouraging it feels when remote policies are used against you. Pregnancy discrimination is illegal whether you sit at a desk downtown or work from a kitchen table in Queens. 

We stand up for workers across New York who’ve been treated unfairly online, over email, or behind muted screens.

We also serve clients in Maine, New Hampshire, Vermont, and New Jersey. These states approach pregnancy discrimination differently. Vermont’s leave laws reach more employees, New Hampshire provides narrower accommodations, and New Jersey’s Law Against Discrimination (LAD) is one of the most powerful in the country. 

Wherever you work, we compare protections to give you the strongest legal ground possible. Reach out today at (855) 465-4622. We’ll explain your options and fight to protect your career.

Legal Protections for Remote Pregnant Workers

Just because you’re remote doesn’t mean your employer can bend or ignore the law.

Pregnancy protections apply across New York, regardless of where you physically perform your work. Federal, state, and city laws all provide tools you can use if your employer treats you unfairly.

The Pregnancy Discrimination Act (PDA), part of Title VII of the Civil Rights Act, makes it unlawful to treat pregnancy differently than other temporary medical conditions. 

If your employer offers flexibility for someone with a back injury but denies it for your pregnancy, that’s discrimination. The Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of job-protected leave, and your health benefits must continue during that period.

New York’s laws go even further. The New York State Human Rights Law (NYSHRL) requires reasonable accommodations for pregnancy unless they create undue hardship. For workers in the five boroughs, the New York City Human Rights Law (NYCHRL) sets an even broader standard. 

It covers smaller employers and recognizes more subtle patterns of bias. Together, these protections make it clear: being remote doesn’t weaken your rights.

Common Signs of Discrimination in Remote Roles

Remote discrimination is sneaky. You don’t see side conversations in hallways or closed doors, but the bias shows up in other ways. Pay attention to these signs. They may mean your pregnancy is influencing how you’re treated.

• Exclusion from key meetings. Pregnant workers sometimes find their names missing from virtual invites once they disclose. Over time, you’re cut out of strategy sessions, leaving you invisible to leadership. That exclusion damages your growth and advancement opportunities. Under the NYSHRL and NYCHRL, this kind of sidelining is discrimination, not oversight.
• Excessive monitoring. Employers may suddenly ramp up surveillance of your time online. They expect instant replies, constant availability, and micromanage your hours more than others. This increased scrutiny adds stress and creates a hostile environment. Comparing treatment with colleagues can reveal the double standard.
• Refusal of small adjustments. Maybe you ask to shift hours slightly or keep your camera off during nausea spells. If others receive flexible arrangements for non-pregnancy reasons but you’re denied, that’s discriminatory. The PDA and NYSHRL require equal treatment. Small denials can add up to large violations.
• Punishment for taking leave. Some remote employees face retaliation after requesting Family and Medical Leave Act (FMLA) leave or New York Paid Family Leave. Suddenly, projects disappear, or responsibilities get reassigned. These shifts make it harder to succeed once you return. That’s unlawful retaliation, no matter your work location.

If you recognize even one of these patterns, it’s worth talking with an attorney who knows how to prove bias in remote settings.

When Employer Policies Fail to Adapt to Remote Work

Many companies created remote work policies quickly and never updated them for long-term fairness. For pregnant workers, those gaps can be costly. 

Employers sometimes apply outdated rules designed for office jobs, forgetting that pregnancy still requires accommodations even when you’re remote.

Attendance rules are one common issue. Some employers require you to be logged in during rigid hours, treating prenatal appointments as unexcused absences. But under New York law, pregnancy-related medical needs must be accommodated. Denying flexibility is unlawful when other employees get exceptions.

Performance reviews also pose problems. Pregnant workers may be downgraded because they weren’t “visible” online, even if their work output stayed consistent. Evaluating based on presence instead of results disproportionately hurts remote workers managing pregnancy. This misuse of evaluation policy is discriminatory under both the NYSHRL and NYCHRL.

Benefits can also get mishandled. Some employers pause health insurance or retirement contributions during pregnancy leave for remote staff, claiming it’s “administrative.” That’s illegal under the FMLA and federal benefits rules. Your status as a remote worker doesn’t give employers permission to reduce what you’ve earned.

Why Employers Discriminate Against Remote Pregnant Workers

Bias in remote settings doesn’t happen by accident. Employers sometimes think being out of sight makes you easier to sideline. These are the common reasons behind their actions.

• “Out of sight, out of mind.” Employers may assume you won’t notice being excluded from calls or project lists. They believe invisibility hides discrimination. But once pregnancy disclosure lines up with missed opportunities, the motive becomes clear. New York law doesn’t allow this pattern to be brushed aside.
• Excuse of “general flexibility.” Managers sometimes argue that remote work is already flexible enough, so no pregnancy-related accommodations are necessary. This ignores the unique medical and scheduling needs pregnancy creates. The NYSHRL requires specific accommodations, not blanket excuses.
• Fear of disruption. Employers may worry that pregnancy means too many missed days or sudden schedule changes. Instead of planning, they push workers aside early. These preemptive decisions are rooted in bias, not fact, and violate both the PDA and state law.
• Avoidance of costs. Leave and benefits come with expenses. Some companies try to avoid them by pressuring pregnant workers to resign. This cost-saving strategy is unlawful under federal, state, and city protections.

Understanding these motives helps you recognize that the problem isn’t you. It’s how your employer is choosing to treat you.

Building Evidence While Working From Home

Remote work creates a rich digital trail. Unlike in-person jobs, almost every interaction is recorded in emails, chat logs, or video invites. That’s powerful evidence if you’re facing discrimination.

Keep detailed records of meeting invites. If your calendar suddenly changes after pregnancy disclosure, that’s a red flag. Courts look closely at these before-and-after comparisons. Save agendas, invites, and notes.

Preserve your performance reviews and productivity reports. If monitoring increases only after your pregnancy is revealed, or if reviews drop without cause, the documentation proves bias. Agencies like the Equal Employment Opportunity Commission (EEOC) rely heavily on this kind of evidence.

Emails, Slack messages, and chat logs often say more than employers realize. If a manager mentions your pregnancy when denying a request or justifies stricter treatment, those words matter. 

Even casual notes can reveal discriminatory intent. Compare your treatment to co-workers with other conditions. If they received flexibility while you didn’t, it strengthens your case under the NYCHRL.

The Claim Process for Remote Pregnancy Discrimination in New York

Remote workers follow the same legal process as in-office employees. If you face discrimination, you have clear steps for filing a claim in New York.

• File with the NYSDHR. You generally have one year to file with the New York State Division of Human Rights. They investigate discrimination and can order remedies like reinstatement or damages.
• File with the EEOC. At the federal level, the Equal Employment Opportunity Commission accepts filings within 300 days. The EEOC may mediate or investigate your claim.
• Request a right-to-sue letter. If agencies don’t resolve the case, you can request a right-to-sue letter. This allows you to take your employer to court. Courts can award back pay, restore benefits, and order employers to fix their policies.
• Potential remedies. Successful claims may bring compensation for emotional distress, coverage for lost benefits, or punitive damages under the NYCHRL. These remedies remind employers that discrimination, remote or not, comes at a cost.

Remote Doesn’t Mean Unprotected

Remote work can make your day easier, but it shouldn’t make your rights disappear. 

Discrimination tied to pregnancy—whether it’s being left off calls, denied accommodations, or pressured about leave—is unlawful across New York. The law protects you no matter where you log in.

Our employment attorneys at Horn Wright, LLP, fight for pregnant employees across New York who’ve been mistreated in remote roles. If you’re dealing with bias while working from home, don’t wait. Contact our office to arrange your free case review. Let’s discuss how we can protect your career.