Common Myths About Pregnancy Discrimination at Work

Pregnancy discrimination at work is illegal in New York. The law protects you much more than you might realize. Just because you can’t lift the heavy boxes that you did before your pregnancy doesn’t mean your employer can fire you. A small employer is not too small to be held responsible. And your employer cannot push you onto unpaid leave when a simple schedule change would let you keep working.

Below are the most common myths about pregnancy discrimination, and what New York law actually says.

Myth 1: Only Big Companies Can Commit Pregnancy Discrimination

The reality: New York’s State Human Rights Law bans pregnancy discrimination by all New York employers regardless of their size. Pregnancy discrimination is treated as a form of sex discrimination. New York employers are required to provide reasonable accommodations for pregnancy-related conditions. That means even a small Central New York business is on the hook. Federal laws like Title VII and the Pregnant Workers Fairness Act apply to employers with at least 15 employees.

Myth 2: If You Cannot Do Part of Your Job, You Can Be Let Go

The reality: The federal Pregnant Workers Fairness Act, whose final rule took effect in June 2024, may require an employer to temporarily set aside one or more of your core duties while you are pregnant or recovering from childbirth, as long as doing so does not create undue hardship.

Lifting limits, more frequent breaks, a stool to sit on, or a shorter shift are the kinds of adjustments the law treats as reasonable. You do not have to prove you can do everything to keep your job.

Myth 3: Your Employer Can Put You on Leave Whether You Want It or Not

The reality: If a reasonable accommodation would let you keep working, your employer cannot force you onto leave instead. Pushing a pregnant worker out on unpaid leave when a schedule change or light-duty option exists can itself be a violation of the law. Leave is one choice among many, not the default answer.

Myth 4: It Is Only Pregnancy Discrimination If You Get Fired

The reality: Losing your job because of a pregnancy is illegal, but pregnancy discrimination covers much more. Experiencing a demotion, cut hours, a denied promotion, a sudden poor review after you disclose your pregnancy, being passed over for a role you were in line for, or a refused accommodation are all examples of pregnancy discrimination. It can even show up in hiring, when an interviewer asks about your family plans. Any of these, when tied to your pregnancy, may cross the line.

Myth 5: You Have to Prove Pregnancy Was the Only Reason

The reality: You do not. Under New York law, you generally need to show that pregnancy was a motivating factor, not the one and only cause of an adverse employment action. Employers rarely admit bias out loud, so timing matters. If your reviews were strong until you announced your pregnancy, and then everything changed, that pattern can support your claim. Save emails, reviews, schedules, and dated notes on a personal device

Myth 6: The Protections End Once You Give Birth

The reality: Under New York and federal law, pregnancy protections include related medical conditions, such as morning sickness, recovery from childbirth, complications like preeclampsia, time off after a miscarriage, and lactation needs once you return to work. An employer who treats any of these pregnancy-related conditions worse than other short-term medical needs may be discriminating. Protection does not switch off the day you deliver.

Myth 7: You Have to Tell Your Employer You Are Pregnant Right Away

The reality: No law forces you to announce a pregnancy on any set schedule. You get to choose when to share the news. Keep in mind that an employer’s duty to accommodate usually begins once you make a pregnancy-related need known, so if you need an accommodation, a written request starts that process and creates a record you can point to later.

Before You File With a State or Federal Agency

You can bring a pregnancy discrimination claim in New York, but the order of your steps matters. For pregnancy discrimination claims arising under New York state law, you have three years from the discriminatory act to file with the New York State Division of Human Rights. If your employer is bound by federal laws like Title VII or the Pregnant Workers Fairness Act, pregnancy discrimination claims must be filed with the federal EEOC within 300 days of the discriminatory act if you live in New York.

Filing an administrative complaint can impact your future claims or lawsuits. It is smart to talk with an employment attorney before you file anything with the Division of Human Rights or the EEOC, so your first move protects your claim instead of limiting it. Of course, first make sure you aren’t up against any filing deadlines or statutes of limitations.

Frequently Asked Questions

Does my employer have to know I am pregnant to accommodate me?

Generally, yes. An employer’s duty to provide a reasonable accommodation usually begins once you tell your employer about a pregnancy-related need. You can make the request in writing and keep a copy on a personal device.

Can I be fired for asking for a pregnancy-related accommodation?

No. Punishing you for requesting an accommodation or reporting discrimination is illegal retaliation, and it can become a separate claim on its own.

How long do I have to file a pregnancy discrimination claim in New York?

To file an administrative claim with the  Division of Human Rights, you have three years. To file an administrative claim of federal pregnancy discrimination with the EEOC, you have 300 days. Talk to an attorney before filing, since the timing and the forum both affect your case.

For a pregnancy discrimination claim arising under New York State law, you do not have to file with the Division of Human Rights first. You have three years from the discriminatory act to file a lawsuit in New York state court.

Do I have to accept the accommodation my employer offers?

No. You and your employer should work together to figure out what reasonable accommodations should be offered to allow you to perform your job duties.

What to Do If You Think You Faced Pregnancy Discrimination

Start by writing down what happened, with dates, names of parties involved, and witnesses. You should keep copies of any emails, reviews, or messages on a personal device, outside of your work accounts. Then get advice from a plaintiffs’ employment attorney.

Megan Thomas Law, PLLC is a Syracuse-based employment law firm that represents workers in discrimination and sexual harassment matters across New York. If you think your pregnancy played a role in how you were treated at work, reach out for a free, confidential consultation for qualifying cases. Contact Megan Thomas Law.

The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.