Pregnancy & Sex Discrimination

Your Career Shouldn’t Be Penalized for Starting a Family

No one should have to choose between their job and their family. Yet, many expecting parents are still forced into impossible situations, passed over for promotions, pressured to take leave early, or subtly pushed out. These aren’t just poor business practices. They’re illegal.

At Horn Wright, LLP, our employment law attorneys have represented workers in New York who faced career roadblocks simply because they were pregnant or planning to become pregnant. We know how damaging it is to be treated like a liability instead of a valued employee. When an employer’s bias collides with your right to work, the harm is both personal and professional.

Pregnancy should be a celebrated chapter in your life, not the reason you lose your career momentum. If you’ve been sidelined, it’s worth understanding exactly what actions the law forbids and how to hold an employer accountable.

Illegal Employer Actions Against Pregnant Workers

Some acts of discrimination are obvious: a manager telling you that your “condition” will make it hard to keep up, or cutting your hours without reason. Others are more subtle but no less damaging, for instance, quietly removing you from key projects or reassigning your accounts.

Under the Pregnancy Discrimination Act (PDA), employers may not treat pregnancy, childbirth, or related medical conditions less favorably than other medical situations. In New York, Executive Law § 296(1)(g) goes further by requiring employers to provide reasonable accommodations for pregnancy-related needs, whether that means lighter duties, schedule adjustments, or temporary reassignments without cutting pay.

Firing, demoting, or altering work conditions because of pregnancy isn’t just wrong, it’s a direct violation of both federal and state protections.

Protections Under Federal and New York State Law

The PDA is part of Title VII of the Civil Rights Act, making pregnancy discrimination a form of sex discrimination. This means all the protections and complaint procedures available under Title VII also apply to pregnant employees.

New York strengthens these rights through its Human Rights Law, which mandates that employers provide reasonable accommodations for pregnancy and related conditions unless doing so would cause undue hardship. This includes things like more frequent breaks, modified workstations, or remote work arrangements.

Together, these laws mean that in New York, your employer can’t legally refuse accommodations that would allow you to keep working safely, and they can’t sideline you for needing them.

Documenting Pregnancy-Related Discrimination

When bias starts to creep in, you may notice small changes first, a meeting you’re no longer invited to, a client reassigned without explanation. Documenting each instance as it happens can help you establish a pattern.

This includes saving emails that show a change in tone or workload, taking notes on conversations, and keeping copies of performance evaluations before and after announcing your pregnancy. In New York, CPLR § 4540-a allows business records to be used as evidence in court, which means well-kept documentation can be powerful.

The goal isn’t to record every small annoyance, it’s to capture concrete examples of how your treatment shifted once your employer learned you were pregnant.

Maine’s Laws Have Narrower Pregnancy Accommodation Rights Than New York’s

Pregnant workers in Maine don’t enjoy the same breadth of accommodations available in New York. While Maine law prohibits discrimination, it doesn’t require as many specific adjustments for pregnancy-related needs unless they qualify as a disability under broader protections.

By contrast, New York’s law treats pregnancy as its own protected category with clear accommodation obligations. This difference means that in New York, even temporary physical limitations tied to pregnancy, like the need to stand less or avoid heavy lifting, are explicitly covered.

That stronger framework gives New York employees a greater ability to challenge employers who try to minimize or dismiss their needs.

How to File a Complaint and Keep Your Job

Filing a complaint doesn’t automatically mean you’ll lose your position, but it does require careful handling. In New York, you can file with the New York State Division of Human Rights or the EEOC. Thanks to a work-sharing agreement, filing with one often triggers a filing with the other.

Retaliation for filing is prohibited under Executive Law § 296(7), meaning your employer can’t legally fire, demote, or harass you because you reported discrimination. Keeping your job while pursuing a claim often comes down to documenting not just the discrimination, but any retaliatory actions that follow.

An attorney can help you weigh whether to file internally first or go directly to an external agency, depending on your workplace environment and how urgent your situation is.

Remedies for Pregnancy-Based Bias

If discrimination is proven, remedies can include back pay, reinstatement, promotion, front pay if reinstatement isn’t possible, and compensation for emotional distress. Under 42 U.S.C. § 1981a, victims of intentional discrimination can also recover punitive damages in certain cases.

New York law allows similar remedies and does not cap damages for emotional distress, making it possible to pursue compensation that reflects both the financial and personal harm you’ve suffered. In some cases, employers are also required to revise policies and undergo training to prevent future discrimination.

A well-prepared claim not only helps you recover losses, it can also push a workplace toward lasting change.

Horn Wright, LLP, Fights for the Rights of Expecting Parents

When pregnancy becomes an excuse for unfair treatment, you need someone ready to stand with you from the first meeting to the final resolution. At Horn Wright, LLP, our employment law attorneys have handled pregnancy discrimination cases across New York, pushing for results that protect both careers and dignity.

We’ve seen employers try to dress up bias as “business needs” and claim decisions were unrelated to pregnancy. We know how to cut through those excuses. And when we fight, we fight for more than just a settlement, we fight for your right to continue your career without penalty for starting a family.

If you’re ready to learn how we can help, you can read more here about our recognition among the nation’s top law firms and our commitment to clients like you.