Pregnancy-Related Pay Discrimination

When Pregnancy Impacts Your Paycheck

You put in the hours. You deliver results. Yet once pregnancy enters the picture, the numbers on your paycheck don’t match your work anymore. Maybe your overtime disappeared, your bonus got cut, or you noticed co-workers with the same role earning more. Pay discrimination tied to pregnancy is against the law in New York.

Our pregnancy discrimination attorneys at Horn Wright, LLP, work with employees who’ve seen their income shrink the moment they needed stability most. You shouldn’t have to fight for every dollar you’ve earned, but if you do, we’ll stand with you. 

We also represent workers in Maine, Vermont, New Hampshire, and New Jersey. The laws in those states differ—New Jersey’s Law Against Discrim opens the door to significant pay-equity remedies, Vermont allows generous emotional-distress awards, and Maine and New Hampshire set narrower limits. 

Knowing these differences helps us build the strongest case possible for you. Call (855) 465-4622 to talk about your situation and the remedies that may be available.

The Laws That Guard Against Pregnancy-Based Pay Discrimination

You have multiple layers of protection in New York when pregnancy affects your earnings. These laws overlap to give you several paths to challenge bias and recover what you’ve lost.

The Pregnancy Discrimination Act (PDA), part of Title VII, makes it unlawful for employers to treat pregnancy differently in pay or benefits. If others with short-term conditions keep their pay intact while yours drops, that’s discrimination.

The Equal Pay Act requires equal pay for equal work. If pregnancy becomes the hidden reason for unequal pay compared to peers, that statute applies. Employers can’t legally justify gaps by pointing to stereotypes about commitment or reliability.

At the state level, the New York State Human Rights Law (NYSHRL) prohibits pregnancy-related pay discrimination, requiring accommodations and fair treatment. In New York City, the NYC Human Rights Law (NYCHRL) goes even further, offering one of the broadest standards in the country. Together, these laws ensure pregnancy doesn’t become an excuse for reduced wages.

How Pay Discrimination Against Pregnant Workers Shows Up

Pay discrimination isn’t always as obvious as a lower hourly rate. It often sneaks in through subtle practices that shave down your income over time.

• Loss of overtime opportunities. Suddenly, you’re told “others need the hours,” even though you’ve always been available. Cutting overtime reduces your take-home pay quickly. When the timing lines up with pregnancy disclosure, courts see that as evidence. Employers can’t single you out like this.
• Lowered bonuses or commissions. Pregnant workers sometimes find their bonuses mysteriously smaller than co-workers’. Employers claim “performance metrics,” but those metrics often shift without explanation. Bonuses and commissions are part of your pay, and discrimination here is unlawful. Timing often tells the real story.
• Unequal raises. You’ve put in the same effort as colleagues, yet raises bypass you. This can be hidden behind vague “budget” talk. But when others receive increases and you don’t, especially after pregnancy disclosure, that gap looks like discrimination. Pay-equity laws address this directly.
• Salary freezes during leave. Some employers hold back raises or cost-of-living increases while you’re on pregnancy-related leave. That’s unlawful. The Family and Medical Leave Act (FMLA) and NY Paid Family Leave protect your benefits during leave. Freezing pay penalizes you for using benefits you’re entitled to.
• Cutting shifts or hours. Reducing hours is one of the easiest ways employers disguise discrimination. Less time equals less pay. If it happens soon after your pregnancy disclosure, it may be retaliation or outright discrimination. New York law prohibits these practices.

The Real-World Impact of Pay Discrimination

A smaller paycheck during pregnancy disrupts your entire household. The damage adds up fast.

Financially, you’re hit where it hurts most. Rent, groceries, prenatal care, and baby expenses don’t wait. A reduced paycheck makes it harder to prepare for the changes ahead. That financial stress spills into every corner of your life.

Professionally, lost income also means lost momentum. Raises and bonuses aren’t just about money—they affect your future salary scale. If your co-workers move up while you’re sidelined, you start the next stage of your career from behind. That inequality can follow you for years.

Emotionally, the toll is heavy. Being singled out sends a message that your dedication doesn’t matter. The stress of watching co-workers move forward while you’re held back can affect your confidence and your health. 

Remedies exist because lawmakers know this harm runs deeper than numbers on a paycheck.

The Remedies You Can Pursue for Pregnancy-Related Pay Bias

The law doesn’t just stop at declaring discrimination illegal. It offers real remedies when your paycheck takes an unfair hit.

• Back pay. You can recover lost wages caused by reduced hours, denied overtime, or smaller bonuses. Back pay covers the difference between what you earned and what you should have earned. Courts calculate from the date of discrimination until resolution. Payroll records provide the foundation.
• Front pay. If discrimination pushes you out and returning to your job isn’t feasible, front pay helps cover future income loss. Judges weigh your career path, industry, and job prospects. It’s designed to give you breathing room while you rebuild.
• Lost benefits. If pay discrimination was paired with benefit cuts, like reduced retirement contributions or lost health coverage, you can claim those losses too. These benefits are part of your total compensation. Courts recognize their long-term impact.
• Emotional-distress damages. Financial stress tied to pregnancy is especially harmful. New York courts allow damages for the anxiety, humiliation, and emotional toll caused by unfair pay. Your testimony, and sometimes medical notes, support this remedy.
• Punitive damages. Under the NYCHRL, punitive damages punish employers who act recklessly or maliciously. If your employer knowingly ignored the law, this remedy may apply. Punitive awards also push companies to update practices.

Why Employers Try to Justify Pay Discrimination

Employers rarely admit they cut pay because of pregnancy. Instead, they hide behind excuses that don’t hold up under scrutiny.

One common defense is “budget constraints.” Companies argue they couldn’t give raises or bonuses, but then evidence shows others received increases. Timing and comparison reveal the truth.

Another excuse is “performance concerns.” Employers claim pregnancy limited productivity. But unless they can show clear, documented differences unrelated to pregnancy, this reasoning falls apart. Courts know when “performance” is a cover.

Finally, some employers point to “policy.” They say pay freezes or changes during leave are standard. But the FMLA, NY Paid Family Leave, and the NYSHRL specifically forbid penalizing workers for using protected leave. Policies can’t override legal rights.

Building Proof to Support Your Pay Discrimination Claim

Pay cases succeed when you have records that show differences between you and your peers. Numbers don’t lie, and timing tells a story.

• Payroll records. Save pay stubs, W-2s, and tax forms. These documents show what you earned compared to what others in your role received. Consistent discrepancies are powerful evidence.
• Bonus and commission data. Keep records of targets, sales numbers, and final payouts. If your performance matched others but your bonus fell short, that disparity supports your claim. Courts rely on these details.
• Raise histories. Track raises you received, or didn’t, compared to peers. When everyone else moves up while you’re frozen out, timing and context matter. Raise data reveals patterns.
• Schedules and hours worked. Keep records of hours you worked before and after pregnancy disclosure. If your shifts or overtime dropped sharply, it strengthens your case. These records prove the connection.
• Emails and communications. Save messages where pay decisions were explained or where pregnancy was mentioned around those decisions. Even casual remarks can link bias to pay outcomes.

Filing a Pay Discrimination Claim in New York

Once you’ve gathered proof, you can take action. New York offers multiple paths, and deadlines are strict, so don’t wait.

You can file with the New York State Division of Human Rights (NYSDHR) within one year. They investigate pay discrimination claims and can order back pay, reinstatement, and damages. Their decisions are enforceable.

At the federal level, you have 300 days to file with the Equal Employment Opportunity Commission (EEOC). They investigate, may mediate, and can issue a right-to-sue letter. That letter allows you to pursue claims in federal court.

In New York City, the NYC Commission on Human Rights (NYCCHR) enforces the NYCHRL. Their investigations often result in remedies like damages, training, and policy changes. Complaints generally must be filed within one year.

Courts are also an option. With a right-to-sue letter, you can file in state or federal court. Judges can award the full range of remedies—back pay, front pay, lost benefits, emotional damages, and punitive awards. Court orders can also force employers to revise pay practices.

Your Paycheck Should Reflect Your Worth

When your paycheck shrinks because of pregnancy, it’s unlawful. 

New York and federal laws give you the tools to fight back, recover lost income, and secure changes that prevent the same harm from happening again. Remedies exist to restore stability and remind employers that pregnancy isn’t a penalty.

Our employment attorneys at Horn Wright, LLP, fight for employees across New York who’ve faced pregnancy-related pay discrimination. We press for back pay, benefits, and emotional-distress damages. 

We fight for policy changes that bring real relief.  Reach out for a free case review when you’re ready to take back control of your paycheck.