Employers in New York City must now accommodate a pregnant woman that requires minor job modifications to continue doing her job during her pregnancy. As reported in The New York Times, the New York City Council passed the Pregnancy Fairness Act because, although employers cannot discriminate against a women for becoming pregnant or refuse to hire a pregnant women, they are not required to accommodate them with any minor job modifications so that they can keep working during their pregnancy.
Federal and New York State laws protect against pregnancy discrimination. Pregnancy discrimination takes many forms, including
- Denying maternity leave
- Forcing a pregnant employee to take unpaid leave
- Treating an employee unequally because she is pregnant, may become pregnant, or has a medical condition related to her pregnancy or childbirth
- Demoting or firing an employee because of her pregnancy
- Forcing a pregnant employee to work in an unsafe environment
- Failing to hire or promote an employee because of her pregnancy
- Failing to provide a private space for breast-feeding
If you are pregnant, your employer must permit you to work as long as you are able to perform your job. If you are absent from work as a result of a pregnancy-related condition, your employer may not demand that you stay out of work until the baby is born. Additionally, your employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth. If you have a pregnancy-related absence from work, your employer is required to hold open your job for the same length of time that jobs are held open for employees on sick or disability leave.
If you believe that you have been a victim of pregnancy discrimination at work, you should consult an attorney and protect your rights.
