Pregnancy Discrimination Lawyers in New York City

What Is Pregnancy Discrimination?

Under New York law, pregnancy discrimination is defined as treating a woman less favorably or less well because of her pregnancy. That can take many forms: a hostile work environment, an adverse employment action, or a failure to provide reasonable accommodations for pregnancy-related needs.

Examples of Pregnancy Discrimination

Pregnancy discrimination in the workplace can take many forms. It can be obvious (e.g., being fired the week you announce your pregnancy) or more subtle, like being edged out of a promotion that suddenly stalls once you start showing. It can happen before you announce, during your pregnancy, or after you return from leave.

Examples of discrimination due to pregnancy can include:

• Termination tied to a pregnancy announcement or maternity leave
• Denial of a promotion or raise after disclosing pregnancy
• Denial of reasonable accommodations
• Derogatory comments about your pregnancy or your ability to do your job
• Pregnancy discrimination during the hiring process
• Denial of New York Paid Family Leave (NY PFL) or paid prenatal leave
• Retaliation after requesting accommodations or reporting discrimination
• Breastfeeding discrimination or denial of lactation accommodations at work
• Pregnancy harassment that creates a hostile work environment

No matter what type of pregnancy-related discrimination you've experienced, Phillips & Associates can help. Our attorneys have represented pregnant workers across every industry in New York City and the state, and we know how to build an effective case, whether the discrimination was explicit or implicit.

Do You Have a Pregnancy Discrimination Lawsuit?

Discrimination may arise whether you’re trying to become pregnant, already pregnant, or have recently given birth. If an employer or potential employer takes adverse actions against you based on your pregnancy, you may have grounds for a pregnancy discrimination lawsuit.

Adverse employment actions may include:

• Failure to hire
• Firing or layoffs
• Failure to promote
• Demotion
• Harassment
• Unequal pay
• Failure to provide reasonable accommodations

If you believe you are being discriminated against at work because of your pregnancy, contact our pregnancy discrimination lawyers in NYC.

How to Prove a Pregnancy Discrimination Case

Timing and Circumstantial Evidence

If discrimination occurs near the time of pregnancy disclosure or when pregnancy becomes visible, it may indicate unlawful behavior. This can be supported by circumstantial evidence, such as being fired or demoted shortly after announcing pregnancy or returning from maternity leave.

Learn how to prove your case

What Laws Protect Pregnant Workers in New York?

Pregnancy discrimination is prohibited under federal, state, and city laws, and New York's protections go significantly further than what federal law alone provides. 

At the federal level:

• The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions, but only applies to employers with 15 or more employees. 
• The Pregnant Workers Fairness Act (PWFA), effective June 2023, added a federal requirement for reasonable accommodation of pregnancy-related limitations, but is also limited to employers with 15 or more employees. 
• The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for the birth of a child, available to both parents.

In New York, state and city laws provide additional protections:

• The New York City Human Rights Law (NYCHRL) covers employers with as few as 4 employees, applies the broadest anti-discrimination standard in the country, and carries uncapped damages.
• The New York State Human Rights Law (NYSHRL) covers all employers regardless of size and provides uncapped compensatory and punitive damages.
• Both the NYCHRL and NYSHRL explicitly classify pregnancy-related conditions such as gestational diabetes, preeclampsia, or pregnancy-induced carpal tunnel syndrome as disabilities, requiring employers to provide reasonable accommodations unless doing so creates an undue hardship.
• New York City's Pregnant Workers Fairness Act (PWFA) provides an additional layer of protection, requiring employers with at least 4 employees to provide reasonable accommodations to pregnant workers even if the pregnancy-related condition does not qualify as a disability under the ADA.
• New York Paid Family Leave (NYPFL) provides up to 12 weeks of paid, job-protected leave at 67% of your average weekly wage.
• New York Paid Prenatal Leave, effective January 1, 2025, provides up to 20 paid hours per year for prenatal appointments, fertility treatments, and related care. It applies to all private employers, regardless of size, and is available from day one of employment.
• Paid lactation breaks, effective June 2024, entitle New York workers to 30 minutes of paid time each time they need to express breast milk, for up to three years after childbirth.

Pregnancy Discrimination and the EEOC

The Equal Employment Opportunity Commission (EEOC) enforces these protections, ensuring pregnant employees are treated equally in all aspects of employment. Before filing a lawsuit under many federal laws, you may first need to file a charge of discrimination with the EEOC or a similar state or city agency. 

At Phillips & Associates, our pregnancy discrimination attorneys in New York can help you prepare a clear, detailed charge that captures the full scope of what you experienced and preserve your rights to bring a lawsuit later if that becomes necessary. For workers dealing with retaliation as well as pregnancy discrimination, it is especially important to describe each act in the charge so that an investigation can be opened and your claims can be considered fully.

How Our NY Pregnancy Discrimination Lawyers Can Help

If you've been subjected to pregnancy discrimination or denied accommodations you were entitled to, our New York pregnancy discrimination attorneys at Phillips & Associates can help you understand your options and fight for the outcome you deserve.

When you contact us, we will review your case, any relevant documents, and what was said or done at work to assess whether you have a viable claim. We'll explain your options — whether that's an agency complaint, a negotiated resolution, or a lawsuit — and guide you through every filing deadline and procedural step.

Pregnancy discrimination happens in every industry and at every level, from hourly workers to executives in medicine, finance, and law. Our pregnancy discrimination lawyers in New York represent pregnant workers across the state. We handle every case on a contingency fee basis, so you pay nothing unless we win.

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