New York Pregnancy Accommodation Attorneys

You're Entitled to Pregnancy Accommodations at Work. We Help You Fight for Them.

Pregnant employees in New York may have the right to reasonable workplace accommodations for pregnancy, childbirth, and related medical conditions under the federal Pregnant Workers Fairness Act (PWFA), the New York State Human Rights Law (NYSHRL), and, for employees working in New York City, the New York City Human Rights Law (NYCHRL).

Pregnancy accommodations may include:

• Additional bathroom, food, water, or rest breaks
• Sitting or standing as needed
• Lifting restrictions
• Light duty
• Modified schedules
• Remote work
• Temporary changes in job duties
• Time for medical appointments
• Leave

An employee does not necessarily need to be disabled to qualify for a pregnancy accommodation, either. An employer also may not automatically force a pregnant employee onto leave when another reasonable accommodation would allow the employee to continue working. New York City employees have additional protections, including the right to a “cooperative dialogue” about potential accommodations and a written determination at the conclusion of that process.

If you work in New York and aren’t being reasonably accommodated at work due to your pregnancy needs, Phillips & Associates, PLLC and our entire team are standing by to help. We proudly represent employees in pregnancy accommodation, pregnancy discrimination, maternity leave, and retaliation matters throughout New York City, Long Island, and New York State.

Key Takeaways

• Pregnant employees may be entitled to reasonable accommodations under federal, New York State, and New York City law.
• The federal Pregnant Workers Fairness Act does not require a pregnancy-related limitation to qualify as a disability.
• Accommodations may include breaks, sitting, lifting restrictions, schedule changes, light duty, remote work, temporary duty changes, medical appointments, and leave.
• Employers cannot automatically force an employee to take leave when another reasonable accommodation would allow the employee to keep working.
• A doctor's note is not required for every pregnancy accommodation request.
• New York City employers generally must engage in a cooperative dialogue about pregnancy accommodations and provide a written final determination.
• Retaliation for requesting or using a pregnancy accommodation may be unlawful.

If your employer denied, delayed, or ignored a pregnancy accommodation request, call (866) 229-9441 or contact us online to speak with a New York pregnancy accommodation attorney.

Pregnancy Accommodation Rights at a Glance

The federal PWFA became effective June 27, 2023, and the EEOC's implementing regulation became effective June 18, 2024. New York employees may therefore have overlapping rights under federal, state, and local law. 

Pregnancy Accommodation vs. Pregnancy Discrimination vs. Retaliation

1. Pregnancy accommodation: The issue is whether the employer reasonably accommodated a limitation related to pregnancy, childbirth, or a related medical condition.
2. Pregnancy discrimination: The issue is whether an employee was treated worse because of pregnancy, childbirth, or a related condition.
3. Pregnancy retaliation: The issue is whether the employer punished an employee for requesting an accommodation, complaining about pregnancy discrimination, taking protected leave, or otherwise asserting protected rights.

One employment case may involve all three of these legal situations related to a worker’s pregnancy. Phillips & Associates, PLLC can handle all three, including in cases where all three situations occur at once.

What Are Examples of Reasonable Pregnancy Accommodations?

There is no single accommodation that applies to every pregnant employee. The appropriate accommodation depends on the limitation, the employee's job, and the workplace.

Under current federal guidance, possible pregnancy accommodations include:

• Additional or more flexible restroom, food, water, or rest breaks, including permission to keep water or food at a workstation
• A stool or the ability to alternate between sitting and standing
• Changes to a uniform, dress code, or safety equipment
• A later start time, shorter hours, or another schedule modification
• Remote work or telework
• Light duty, lifting assistance, temporary reassignment, or temporary changes to job duties
• Time away for prenatal or other pregnancy-related medical appointments
• Leave for childbirth or recovery
• Adjustments related to lactation or postpartum medical conditions

An employee may need one accommodation early in pregnancy and a different accommodation later in pregnancy or after childbirth. Also, an employer does not have to grant every accommodation exactly as requested. But simply saying "that's not how we do things here" or "everyone has the same rules" is typically not enough to excuse the employer from providing accommodations.

How Do I Ask My Employer for Pregnancy Accommodation?

Employees generally do not need to write a legal brief or use the words "Pregnant Workers Fairness Act" or "reasonable accommodation." The employee should communicate that they have a limitation related to pregnancy, childbirth, or a related medical condition and need a change at work because of it.

Example statements that should work to request a pregnancy accommodation include:

• "Because of my pregnancy, my doctor has recommended that I not lift more than 20 pounds for the next eight weeks. I would like to discuss a temporary accommodation that will allow me to continue working."
• "My pregnancy is causing increased nausea in the morning. I am requesting a temporary change to my start time while this limitation continues."

Whenever practical, employees may want to make accommodation requests in writing and preserve a copy. A written request may help establish what was requested, when the employer learned about the limitation, and how the employer responded.

Does Pregnancy Have to Qualify as a Disability Before My Employer Has to Accommodate Me?

No, due to an important federal pregnancy law change, pregnancy does not have to qualify as a disability before your employer must accommodate you. The Pregnant Workers Fairness Act does not require an employee's pregnancy-related limitation to qualify as a disability under the Americans with Disabilities Act. A covered limitation may be minor, modest, or episodic, including morning sickness, difficulty standing, the need for more bathroom breaks, or the need to avoid particular physical tasks.

New York law also provides pregnancy accommodation protections beyond the traditional disability framework. Current New York State guidance states that pregnancy-related conditions do not need to meet a definition of disability to trigger accommodation obligations and that medically advised restrictions or needs related to pregnancy may require accommodation.

New York City similarly does not require an employee to establish a disability before seeking an accommodation based on pregnancy, childbirth, or a related medical condition.

Do I Need a Doctor's Note to Request a Pregnancy Accommodation?

Not always. A doctor's note is not automatically required every time an employee requests a pregnancy accommodation.

Under the federal Pregnant Workers Fairness Act, an employer may request supporting documentation only when doing so is reasonable under the circumstances. For some common pregnancy-related needs, including certain requests involving bathroom, eating, drinking, sitting, or standing, additional medical documentation ordinarily should not be necessary.

An employer also should not repeatedly demand new medical documentation for a limitation and accommodation it already understands. However, medical documentation may still be appropriate for some accommodations, particularly more substantial leave requests or where the limitation and need for accommodation are not apparent.

New York City provides additional protections for pregnant workers, too. Depending on the accommodation being requested, employers may be restricted from demanding medical documentation for relatively minor or temporary pregnancy accommodations. The focus should be on what the employee needs to continue doing the job, not on creating unnecessary hurdles to the accommodation process.

Can My Employer Force Me to Take Leave Because I Am Pregnant?

Not automatically. An employer generally should not force a pregnant employee to take paid or unpaid leave when another reasonable accommodation would allow the employee to continue working.

For example, an employee with a temporary lifting restriction may be able to continue working through lifting assistance, light duty, temporary reassignment, or a temporary change in job duties rather than being removed from work entirely.

Under the federal Pregnant Workers Fairness Act, a covered employer cannot require an employee to take paid or unpaid leave if another reasonable accommodation would allow the employee to continue working.

New York City guidance similarly emphasizes attempting to accommodate an employee in their existing position and evaluating other workable accommodations rather than automatically pushing the employee onto leave.

This issue can be particularly important when an employer tells a pregnant worker that "it's probably better if you just stay home." The employer does not get to make decisions based on assumptions about what is best for a pregnant employee.

Can an Essential Job Function Be Temporarily Suspended During Pregnancy?

Yes, an essential job function can sometimes be temporarily suspended during pregnancy. Under the Pregnant Workers Fairness Act, an employee may sometimes remain legally "qualified" even if they temporarily cannot perform one or more essential job functions, if the inability is temporary, the employee can perform the function again in the near future, and temporarily suspending it can be reasonably accommodated.

Temporarily restricted job functions may be applied when an employee’s job involves:

• Lifting
• Prolonged standing
• Climbing
• Exposure to chemicals
• Physical exertion

Whether a particular essential function can be suspended depends on the facts of the individual case. But an employer should not automatically end the discussion simply because a physician has temporarily restricted one of the employee's normal duties.

Can I Ask to Work from Home Because I Am Pregnant?

Yes. Remote work or telework may qualify as a pregnancy accommodation when it allows the employee to perform the job and does not create an undue hardship for the employer. The EEOC specifically identifies telework as a possible reasonable accommodation under the Pregnant Workers Fairness Act.

Considerations when deciding if a pregnant worker should be temporarily reassigned to remote work include:

• What the employee's job duties are
• Whether the job can be performed remotely
• How the employer treats comparable requests
• Whether remote work has previously been permitted
• Whether another effective accommodation is available

Can I Get More Bathroom, Water, Food, or Rest Breaks While Pregnant?

Yes. Additional or more flexible bathroom, water, food, and rest breaks are specifically recognized as potential pregnancy accommodations under federal law. For these common pregnancy needs, federal guidance also significantly limits when an employer may demand medical documentation. A rigid workplace policy does not necessarily override federal pregnancy-accommodation rights.

What Is the Cooperative Dialogue Requirement in New York City?

When a NYC employer knows or should know that an employee may require an accommodation because of pregnancy, childbirth, or a related medical condition, it generally must engage in a “cooperative dialogue” with the employee.

The cooperative dialogue process involves a good-faith discussion about:

• What the employee needs
• Possible accommodations
• Alternative accommodations
• Any legitimate difficulties the accommodation could create
• Whether another reasonable solution can meet the employee's needs

The dialogue should be timely. At its conclusion, the employer must provide a written final determination identifying the accommodation as granted or denied. Failing to engage in the required cooperative dialogue can itself violate the New York City Human Rights Law.

In some circumstances, a NYC employer may have an obligation to initiate the dialogue even if the employee has not specifically used the word "accommodation." NYC guidance addresses situations in which the employer knows an employee's performance is being affected and has a reasonable basis to believe pregnancy, childbirth, or a related condition may be involved.

What Should Happen After I Request a Pregnancy Accommodation?

After an employee requests a pregnancy-related workplace change, the employer generally should address the request promptly.

The process may include:

1. Identifying the pregnancy-related limitation.
2. Discussing the workplace change the employee needs.
3. Determining whether medical documentation is reasonably necessary.
4. Considering the requested accommodation.
5. Considering effective alternatives if the exact request cannot reasonably be provided.
6. Implementing an appropriate accommodation without unnecessary delay.

In New York City, this process may constitute the legally required cooperative dialogue, which generally concludes with a written determination.

What If My Employer Ignores or Delays My Pregnancy Accommodation Request?

An employer should not simply allow an accommodation request to sit unanswered. The federal PWFA requires employers to respond to accommodation requests, and EEOC regulations recognize that an unnecessary delay in providing an accommodation can create a legal problem. New York City's cooperative-dialogue requirement likewise emphasizes an open and expeditious process, particularly because pregnancy accommodation requests may be time-sensitive.

To determine if an accommodation request was unfairly delayed, consider:

• When the request was made
• Who received it
• Whether HR responded
• Whether unnecessary documentation was demanded
• Whether an interim accommodation was available
• Whether the employee's schedule, duties, hours, or treatment changed while the request was pending

A pregnancy-related accommodation may be useful only during a limited period, so any unreasonable delay must be taken seriously and addressed fairly. After all, an accommodation provided months later may not solve the problem the employee faced when the request was made.

Common Pregnancy Accommodation Problems at Work

Pregnancy accommodation disputes often begin when an employer:

• Says pregnancy is not a disability and refuses to discuss accommodations.
• Automatically tells the employee to take leave.
• Demands extensive medical documentation for a relatively simple pregnancy-related need.
• Refuses light duty without considering temporary changes to the employee's duties.
• Requires the employee to be "100% healed" or have "no restrictions" before returning to work.
• Delays responding while the employee continues working without the requested accommodation.
• Fails to engage in New York City's cooperative dialogue.
• Fails to provide a written NYC accommodation determination.

Not every disagreement over an accommodation violates the law. The specific request, the employee's job duties, the employer's response, available alternatives, and what happened afterward all matter when our team determines if there are grounds to take legal action against an employer on behalf of a pregnant worker.

Can My Employer Require Me to Be "100% Healed" Before I Return to Work?

A blanket requirement that an employee have no restrictions before returning to work may create legal problems when the employee could perform the job with a reasonable accommodation. Pregnancy accommodation laws generally require an individualized evaluation of what the employee can do and whether reasonable workplace changes would allow the employee to work. To that end, the existence of temporary restrictions does not automatically mean an employee is unable to work.

Can My Employer Retaliate Against Me for Requesting a Pregnancy Accommodation?

No. Requesting or using a legally protected pregnancy accommodation may itself be protected activity.

Retaliation against a pregnant worker who requests an accommodation can involve:

• Termination
• Reduced hours
• Schedule changes
• Loss of responsibilities
• Exclusion from opportunities
• Sudden performance criticism
• Increased scrutiny
• Demotion
• Discipline
• Performance improvement plan

The federal PWFA prohibits retaliation against a pregnant worker for requesting or using a reasonable accommodation and prohibits coercion intended to interfere with PWFA rights. New York City likewise treats requesting a pregnancy accommodation or participating in the cooperative dialogue as protected activity.

What Should I Document If My Pregnancy Accommodation Is Denied?

Pregnancy accommodation disputes frequently turn on what was requested, when it was requested, what the employer knew, how the employer responded, and what changed afterward. Keep a lawful record of the accommodation request and the events that follow, so you can create and keep evidence of any potential issues or discrimination.

Useful evidence to track yourself can include:

• Written request
• Emails with HR or management
• Medical documentation that was provided
• Employer's response
• Requests for additional medical information
• Job descriptions
• Schedules
• Time records
• Performance reviews
• Disciplinary notices
• Text messages or workplace communications
• Records showing changes in hours, assignments, or responsibilities

The before-and-after timeline can be particularly important. For example, sudden performance criticism after an accommodation request may be more significant when the employee previously had a strong work history.

Preserve only information you are lawfully entitled to possess, though. Do not improperly access company systems or take confidential records that you are not authorized to obtain just to help your case. If our New York pregnancy accommodation attorneys believe your employer might be hiding more evidence of its failure to accommodate you, leave the process of obtaining that evidence up to us.

Do Pregnancy Accommodation Rights Continue After Childbirth?

Yes. Pregnancy accommodation protections can extend beyond pregnancy itself. The Pregnant Workers Fairness Act covers limitations related to pregnancy, childbirth, and related medical conditions. Depending on the circumstances, an employee recovering from childbirth may need temporary schedule changes, lifting restrictions, remote work, leave, breaks, or other workplace accommodations, such as providing a secure, private location to breastfeed.

Pregnancy accommodation rights may overlap with separate rights involving maternity leave, paid prenatal leave, lactation, disability accommodation, or family and medical leave, too.

What Does "Undue Hardship" Mean for a Pregnancy Accommodation?

Undue hardship generally means that providing a particular accommodation would create significant difficulty or expense for the employer. The analysis of such a claim depends on the specific accommodation, the employer's operations and resources, and the circumstances of the request. An employer cannot establish undue hardship simply by showing that an accommodation is inconvenient or requires some adjustment.

Can My Employer Deny a Pregnancy Accommodation Due to Company Policy?

Not necessarily. A workplace policy does not automatically override an employee's rights under the Pregnant Workers Fairness Act or applicable New York law. An employer may need to make an exception or modification to an existing workplace rule when doing so would provide a reasonable pregnancy accommodation without creating an undue hardship. The specific job duties, requested accommodation, available alternatives, and employer's circumstances all matter when deciding such a case.

What If I Was Fired After Asking for a Pregnancy Accommodation?

A termination shortly after a pregnancy accommodation request does not automatically prove discrimination or retaliation, or that you actually were fired for being pregnant, but timing can be important.

Relevant facts may include when the employer learned about the pregnancy, what accommodation was requested, how the employer responded, whether workplace criticism or documentation changed afterward, and whether the employer's stated reason for termination is consistent with the employee's prior work history.

Pregnancy Accommodation Questions by Situation

Our Courtroom Experience in Pregnancy Discrimination and Accommodation Cases

We have litigated pregnancy discrimination, pregnancy accommodation, maternity-leave, and retaliation claims in federal and New York State courts. Our attorneys have obtained decisions allowing pregnancy-related employment claims to proceed through motions to dismiss and summary judgment. Our pregnancy-related litigation includes matters involving reduced hours after pregnancy disclosure, maternity-leave termination, schedule changes, accommodation disputes, and retaliation.

A few of our cases that have helped set precedents and legal decisions in New York courts include:

• Deveaux v. Skechers USA, Inc.: We defeated a motion to dismiss in litigation involving allegations that the employee's hours were reduced from full-time to part-time after disclosure of her pregnancy.
  • Why it matters: A reduction in hours following pregnancy disclosure may constitute an adverse employment action depending on the facts.
• Ortiz v. Gazes: We defeated summary judgment in a pregnancy and maternity-leave case involving claims under the New York City Human Rights Law.
  • Why it matters: Pregnancy cases may involve overlapping accommodation, leave, discrimination, retaliation, and termination issues.
• Shkolnikova v. DeJoy: We defeated summary judgment on pregnancy discrimination and retaliation claims involving disputed schedule changes and termination.
  • Why it matters: Changes in scheduling, workplace treatment, and termination following pregnancy-related events may become important evidence in discrimination and retaliation claims.
• Pregnancy Accommodation Denial, Recovery of $215,000: We represented a pregnant worker who needed an accommodation at work. We filed a charge with the Equal Employment Opportunity Commission, brought pregnancy discrimination and disability accommodation claims, developed the evidentiary record, and resolved the matter at mediation for $215,000 without the need to file suit.
• Pregnancy Accommodation Denial, Recovery of $160,000: We represented a pregnant worker who needed an accommodation at work. We filed and litigated pregnancy discrimination and disability accommodation claims in the U.S. District Court for the Southern District of New York, built the case for trial, and resolved the matter for $160,000 after litigation.

Phillips & Associates, PLLC holds it as a point of pride that we only represent employees and have never represented an employer. We have handled more than 9,500 employment matters, litigated approximately 2,000 employment cases, and recovered more than $360 million for employees*. Our attorneys have appeared before more than 110 United States District Judges and more than 70 United States Magistrate Judges. Phillips & Associates, PLLC is ranked by Chambers and Partners for Labor & Employment: Mainly Plaintiffs in New York.

(* Past results do not guarantee a similar outcome.)

Speak With a New York Pregnancy Accommodation Lawyer

If your employer denied or ignored a pregnancy accommodation request, forced you onto leave, refused light duty, reduced your hours, changed your responsibilities, or treated you differently after you asked for an accommodation, you may have the right to file a claim under your rights granted by federal, New York State, or New York City law. Talk with our team today to see what legal action you might be able to take.

Phillips & Associates, PLLC represents employees only, so you know that you can trust a case as important as yours to a team as experienced and respected as ours. Speaking with a lawyer does not mean you have to file a lawsuit or immediately inform your employer about it, either. Many employees first seek confidential legal guidance because they want to understand their rights before deciding what to do next, and we would be happy to walk you through that decision.

Consultations are free and confidential. There are no attorney fees unless we recover compensation for you. Call (866) 229-9441 or contact us online to learn more.