PREGNANCY DISCRIMINATION

/in /by

Pregnancy discrimination is a form of sex discrimination. An employer cannot fire, refuse to hire, or take other adverse action against an employee because the employee is pregnant or may become pregnant.

The Law

  • Title VII of the Civil Rights Act of 1964, Family and Medical Leave Act (FMLA), the NYS Human Rights Law and NYC Human Rights Law, among others, prohibit discrimination based on pregnancy.
  • The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Protected Individuals

  • An employer cannot treat a pregnant employee differently than another employee based on pregnancy, childbirth, or related medical conditions; even if the treatment is intended to be favorable.

Potential Violators

  • The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

What the Law Protects

  • Employers must apply their usual policies for workers with temporary health disabilities to pregnant employees. In some circumstances, employers may be required to provide pregnant employees with a reasonable accommodation, if they cannot perform certain parts of their jobs due to their pregnancy.
  • An employer cannot refuse to hire a job applicant because she is pregnant or intends to become pregnant.
  • An employer require that a pregnant employee take aleave of absence, move into a back office position, or work on a less competitive or challenging track because of her pregnancy, if the employee is otherwise able to perform her job.