Pregnancy Discrimination Lawyers in New York City

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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.

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.

Pregnancy discrimination is not limited to termination, demotion, or denial of accommodations. Pregnancy-related harassment can also create a hostile work environment.

Examples may include:

• Comments questioning whether a pregnant employee can still perform her job
• Repeated questions about childcare arrangements or whether the employee plans to return after giving birth
• Comments suggesting a pregnant employee is no longer committed to her career
• Questions such as, "Are you keeping the baby?" or "Do you know who the father is?"
•  Remarks about weight gain, appearance, or pregnancy-related medical issues
• Pressure to begin leave earlier than medically necessary
• Repeated comments that a pregnant employee has become unreliable, emotional, distracted, or less capable
• Harassment related to breastfeeding, pumping, or lactation accommodations

Pregnancy-related comments may become unlawful when they are severe enough, repeated over time, tied to employment decisions, or contribute to a workplace environment where an employee is treated less favorably because of pregnancy, childbirth, or a related medical condition.

Many pregnancy discrimination and harassment claims involve supervisors, managers, executives, business owners, physicians, or other individuals who influence schedules, assignments, promotions, compensation, or continued employment.

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.

Learn how to prove your case

One of the most common indicators of pregnancy discrimination is timing. Employees often have strong performance reviews, positive feedback, and no disciplinary history until they announce a pregnancy, begin showing, request accommodations, take prenatal leave, take maternity leave, or return to work after childbirth. 

Phillips & Associates frequently examines whether an adverse employment action occurred shortly after:

• Announcing a pregnancy
• Requesting a pregnancy-related accommodation
• Taking prenatal leave
• Taking maternity leave
• Returning from maternity leave
• Requesting lactation accommodations

In many cases, the employer's explanation changes only after the pregnancy becomes known. A sudden termination, demotion, loss of responsibilities, stalled promotion, negative performance review, or increased scrutiny following a pregnancy-related event can become important evidence in a discrimination case.

Timing alone does not prove discrimination, but temporal proximity is often one of the first things employment lawyers evaluate when analyzing a pregnancy discrimination claim.

Many pregnancy discrimination cases arise when an employee's pregnancy affects how a supervisor, executive, manager, or business owner views the employee's future availability, commitment, or advancement potential.

Pregnancy discrimination cases are often proven through timing, witness testimony, HR records, accommodation requests, leave records, performance reviews, and evidence showing how similarly situated employees were treated. When evaluating a pregnancy discrimination case, employment lawyers often begin by reconstructing a timeline.

Questions frequently include:

• When did the employer learn about the pregnancy?
• When was an accommodation requested?
• When did leave begin or end?
• When did the first negative review appear?
• When did responsibilities change?
• When did the termination or other adverse action occur?

The answers help determine whether there is a connection between the pregnancy and the employer's actions. Performance reviews, accommodation requests, leave records, HR communications, witness testimony, and personnel records often become important evidence when evaluating whether discrimination occurred.

Employers are generally expected to engage in an interactive process or cooperative dialogue after receiving a pregnancy-related accommodation request.

The process may include discussing:

• Modified schedules
• Additional breaks
• Temporary work restrictions
• Remote work
• Leave requests
• Lactation accommodations

An employer's refusal to discuss accommodations, failure to evaluate options, or immediate rejection of a request may become important evidence in a pregnancy discrimination case.

There is no standard value for a pregnancy discrimination case. The value often depends on the employee's compensation, the strength of the evidence, the type of discrimination involved, and the damages that resulted.

Employment lawyers frequently evaluate factors such as:

• Whether the employee was terminated, demoted, denied a promotion, forced to resign, or denied accommodations
• Lost wages, bonuses, commissions, equity, benefits, and future earning potential
• How long the employee remained unemployed and whether reasonable efforts were made to find comparable employment
• Emotional distress damages
• Whether there is evidence of retaliation, harassment, or a hostile work environment
• The severity, frequency, and duration of any hostile work environment
• The strength of the evidence, witness testimony, and documentation
• Whether punitive damages may be available
• The employer's size, resources, and litigation risk

Pregnancy discrimination cases can also become more valuable when there is strong evidence of temporal proximity, such as a termination shortly after a pregnancy announcement, an accommodation request, maternity leave, or a return from leave. In some cases, courts and juries may consider whether the employer ignored accommodation requests, failed to engage in the required interactive process or cooperative dialogue, or repeatedly subjected the employee to pregnancy-related comments or stereotypes.

Every case is different. Before evaluating potential value, Phillips & Associates reviews the facts, witnesses, evidence, damages, employer defenses, and litigation risks to develop a realistic assessment of the case.

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.

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.

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, recovered more than $360 million for employees, and regularly represents workers in pregnancy, parental leave, and accommodation disputes across New York.

The firm's litigation record includes published decisions involving pregnancy discrimination, accommodation rights, retaliation, hostile work environment claims, maternity leave rights, and other workplace protections. Several Phillips & Associates decisions have subsequently been cited by federal and state courts interpreting employment laws. 

Representative matters include Deveaux v. Skechers, where the court recognized that reducing a pregnant employee from full-time to part-time status may constitute an adverse employment action, and Ortiz v. Gazes, where the firm defeated summary judgment in a pregnancy discrimination matter involving termination during maternity leave.

Many pregnancy discrimination cases involve workplace power dynamics. The firm's matters frequently involve supervisors, executives, business owners, managers, physicians, law firm partners, and other individuals who influence compensation, schedules, promotions, assignments, and continued employment.

Pregnancy discrimination litigation often involves accommodation requests, leave records, HR investigations, performance reviews, electronic communications, witness testimony, discovery, motion practice, and trial preparation. Phillips & Associates prepares cases for negotiation, mediation, discovery, trial, and appeal using dedicated litigation teams focused exclusively on employment law.

Every member of the firm receives trauma-informed training. Phillips & Associates combines litigation experience, practical judgment, and human understanding to help employees navigate pregnancy discrimination, accommodation disputes, maternity leave issues, and other career-impacting workplace challenges.

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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