Many women wonder if they can be fired for being pregnant. Thankfully, in New York, the plain and simple answer is, no. Both New York State and Federal law prohibit gender-based discrimination generally, and, more specifically, pregnancy-based employment decisions.
Pregnancy discrimination occurs when a woman is discriminated against because of their pregnancy or intention to become pregnant. Examples of such discrimination include not being hired, being terminated, being demoted or having your hours and wages reduced, or denied a promotion.
You are protected from discrimination while pregnant so long as you can satisfactorily continue your job functions and responsibilities. Furthermore, if you are unable to perform your duties due to your pregnancy, your employer must modify (or accommodate) your tasks until you are able to return to your regular duties. Additionally, under the Family Medical Leave Act (FMLA), depending on the number of employees in the company, you are entitled to maternity leave so long as you have been employed for at least 12 months, and worked at least 1,250 hours in the last 12 months of employment. If eligible, you must receive up to 12 weeks of unpaid leave and health insurance from your employer. Some employers offer full or partial paid leave. Your employer must also leave your position open for your return at least as long as they do for non-pregnant disabled employees.
If your employer is targeting you because of a pregnancy, it is important to keep a record of every negative incident and comment. As always, it is also important to continue to do good work and keep a record of your performance. If, for instance, you believe that you were fired because of your pregnancy, and your employer, as a pretext, says that you were terminated because of your performance, it is helpful to have documentation and performance reviews to prove what you already know..
If you believe you have been discriminated against in the workplace as a result of your pregnancy, you may contact us for a confidential consultation regarding your rights at 212-425-4250.
