NYC Pregnancy & Maternity Leave Retaliation Lawyer

Fired for Being Pregnant, Taking Maternity Leave, or Requesting Pregnancy-Related Accommodations?

In New York, both state and federal laws make it illegal for employers to fire someone for being pregnant, taking or requesting maternity leave, or asking for pregnancy-related accommodations. It is also illegal to retaliate against an employee for filing a complaint about any of these things or for reporting pregnancy discrimination.

If this has happened to you, you may have a wrongful termination claim.

Our attorneys at Phillips & Associates have recovered millions of dollars for pregnant workers who were fired, pushed out, or retaliated against because of their pregnancy. Let us help you seek justice and fair compensation.

Tell Us About Your Case Today

On This Page:

• Legal protections for pregnant employees
• Wrongful termination due to pregnancy
• Retaliation that is not termination
• How to prove you were fired because of pregnancy
• Common patterns in pregnancy retaliation cases
• Maternity leave retaliation
• Retaliation after requesting accommodations
• What damages may be available
• Why employees choose Phillips & Associates
• Contact our NYC pregnancy retaliation attorneys

Terminating an employee because of her pregnancy, or anything connected to pregnancy, childbirth, or a related medical condition, is unlawful under federal, state, and city law in New York.

At the federal level, the Pregnancy Discrimination Act (PDA) expanded the definition of gender discrimination to include pregnancy, childbirth, and related medical conditions. The New York Human Rights Law (NYHRL) similarly prohibits a company from firing a woman because she is expecting a child. It also forbids employers from making female workers take a leave of absence during pregnancy, assuming they can perform the necessary tasks of their jobs.

New York City laws like the New York City Human Rights Law (NYCHRL) and the Pregnant Workers Fairness Act (PWFA) provide many of the same protections as the state and federal rules, but go a step further by requiring employers to provide pregnant women with reasonable accommodations that help them do their work more effectively.

Being fired because you are pregnant, or because your employer assumes your pregnancy will affect your performance, availability, or commitment, is pregnancy discrimination. It is illegal regardless of how your employer frames it.

Common scenarios include:

• You were fired after telling your boss you are pregnant
• You were fired after your pregnancy became visible or you started "showing"
• You were fired during a high-risk pregnancy after requesting reduced duties or schedule changes
• You were told your position was "eliminated" or you were "laid off" after disclosing your pregnancy
• You were passed over for a promotion and later terminated after becoming pregnant
• You were fired after requesting or returning from maternity leave

If this has happened to you, our lawyers at Phillips & Associates can help you file a wrongful termination claim.

Timing is often the most powerful evidence in these cases. 

Attorney William Phillips explains:

Other evidence that can support a wrongful termination claim includes inconsistent explanations from your employer, comments made by supervisors or HR about your pregnancy, and differences in how you were treated compared to non-pregnant coworkers in similar situations. 

Employers rarely admit the real reason for a termination; they may cite poor performance, a role elimination, a restructuring, or budget cuts, but our attorneys know how to build a case from circumstantial evidence.

Pregnancy retaliation is not limited to being fired. Employers sometimes respond to a pregnancy announcement, maternity leave request, accommodation request, or complaint of discrimination by taking other adverse actions.

Examples may include:

• Demotions
• Reduced compensation or bonuses
• Loss of responsibilities
• Denied promotions
• Reduced hours or schedules
• Increased scrutiny or discipline
• Negative performance reviews that appear for the first time after pregnancy becomes known
• Working conditions that become so difficult that an employee feels forced to resign

The law protects employees from retaliation in many forms, not just termination.

At Phillips & Associates, pregnancy retaliation cases often follow a similar pattern.

An employee receives positive reviews and strong feedback for years. After announcing a pregnancy, requesting accommodations, taking maternity leave, or returning from leave, the employer's attitude suddenly changes.

Common examples include:

• The first negative review appearing after a pregnancy announcement
• Increased scrutiny after requesting accommodations
• A promotion disappearing after maternity leave
• Responsibilities being reassigned during leave and never returned
• A restructuring that affects only the pregnant employee
• A termination shortly after returning from maternity leave

These facts do not automatically establish liability, but they are often important when evaluating whether retaliation occurred.

Firing an employee while she is on maternity leave, or upon her return, is one of the most common forms of pregnancy-related wrongful termination. It is also unlawful.

New York workers on maternity leave are protected by multiple laws:

• New York Paid Family Leave (NYPFL) provides up to 12 weeks of paid, job-protected leave at 67% of your average weekly wage. Employers cannot terminate you for taking it, and they cannot retaliate against you for requesting it.
• The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave at covered employers. Terminating an employee for exercising FMLA rights is unlawful.
• The NYSHRL and NYCHRL prohibit adverse employment actions tied to pregnancy leave, including termination, demotion, or material changes to job responsibilities upon return.

Wrongful termination connected to maternity leave often takes subtler forms. Your employer may not fire you outright on your first day back; instead, you may return to find your role has been restructured, your responsibilities have been reassigned, your title has been changed, or you have been effectively sidelined. 

These actions can all constitute unlawful discrimination or retaliation.

Under New York law, pregnant employees are entitled to reasonable accommodations for pregnancy-related conditions, and requesting those accommodations is a protected act. Firing an employee because she asked for an accommodation is unlawful.

Reasonable accommodations for pregnancy might include:

• Modified work schedules or reduced hours
• Temporary reassignment to light duty
• Additional breaks for rest, hydration, or medical needs
• Permission to work remotely
• Medical leave for pregnancy-related conditions

Under the NYC Pregnant Workers Fairness Act, employers with four or more employees must provide reasonable accommodations to pregnant workers even if the pregnancy-related condition does not qualify as a disability under the ADA. The federal PWFA extends similar requirements to employers with 15 or more employees.

When an employer fires an employee shortly after she requests an accommodation, that timing can establish the connection between the accommodation request and the termination, a key element of a retaliation claim. 

At Phillips & Associates, we have represented many women in exactly this situation, including an HR professional who was terminated under the pretext of a role elimination after requesting remote work due to a lack of lactation accommodations upon returning from leave. We secured a $150,000 settlement on her behalf.

The value of a pregnancy retaliation or wrongful termination claim depends on the facts of the case. Employment lawyers frequently evaluate factors such as the employee's compensation, how long the employee remained unemployed, whether reasonable efforts were made to find comparable employment, the strength of the evidence, the availability of emotional distress damages, and whether punitive damages may apply.

Cases involving terminations shortly after a pregnancy announcement, accommodation request, maternity leave, or return from leave may present particularly strong evidence of retaliation. The severity of any pregnancy-related harassment or hostile work environment may also affect damages.

If you have a wrongful termination or retaliation claim, you may be entitled to:

• Back pay — wages and benefits lost from the date of termination
• Front pay — future earnings if reinstatement is not feasible
• Compensatory damages — for emotional distress and other non-economic harm
• Punitive damages — where the employer's conduct was particularly egregious
• Attorney's fees — mandatory for prevailing plaintiffs under the NYSHRL and NYCHRL

Under New York State and New York City law, compensatory and punitive damages are uncapped, meaning there is no ceiling on what you may recover. Give us a call to find out what your case may be worth.

Phillips & Associates is an employment-only litigation firm representing employees in pregnancy discrimination, maternity leave, accommodation, retaliation, disability discrimination, hostile work environment, and other workplace matters. The firm has handled more than 9,500 employment matters, litigated approximately 2,000 cases, and recovered more than $360 million for employees.

Many pregnancy retaliation matters involve supervisors, executives, managers, business owners, physicians, law firm partners, and other individuals who control compensation, schedules, assignments, promotions, or continued employment. Understanding workplace power dynamics is often central to evaluating these claims.

The firm's litigation record includes published decisions involving pregnancy discrimination, retaliation, and maternity leave rights, including Ortiz v. Gazes, where Phillips & Associates defeated summary judgment in a pregnancy discrimination matter involving termination during maternity leave. Several Phillips & Associates decisions have subsequently been cited by federal and state courts interpreting employment laws.

Every member of the firm receives trauma-informed training. Phillips & Associates combines litigation experience, practical judgment, and human understanding to help employees navigate some of the most difficult moments of their working lives.

If you were fired because of your pregnancy, while on maternity leave, after requesting accommodations, or in retaliation for asserting your rights, do not wait. The window to file a claim is limited. Phillips & Associates offers free consultations and handles every wrongful termination case on a contingency fee basis, so you pay nothing unless we recover.

Get Started with a Free Case Review