If you are pregnant, planning to get pregnant soon, or have recently announced your pregnancy at work, you may already be worrying about how your employer will respond. Many women fear being treated differently, losing their job, or being disciplined for attending medical appointments. The good news is that federal law is on your side.
The Pregnant Workers Fairness Act of 2023 (PWFA) is one of the most significant workplace protections for pregnant employees in decades. It applies to anyone working for a company in the United States with 15 or more employees, no matter what state you live in. Even if your state has no pregnancy discrimination law, this federal statute ensures that you cannot be punished for being pregnant or for requesting help during your pregnancy.
Employers cannot hide behind “probationary period” policies or outdated attendance rules to penalize pregnant employees. If you are pregnant, you have the right to be treated fairly and to receive accommodations that make it possible for you to continue working safely and comfortably.
If your employer has punished or treated you differently for being pregnant, contact us today at 212-766-9100 for a free, confidential evaluation with an experienced Pregnancy Discrimination Attorney.
What Does the Pregnant Workers Fairness Act Cover?
Under the PWFA, your employer must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. The law recognizes that pregnancy itself can cause physical limitations and that pregnant employees often need additional flexibility.
Here are examples of accommodations that are typically reasonable under the Act:
- Allowing extra time off or schedule flexibility for OBGYN visits, ultrasounds, and prenatal testing
- Permitting you to eat or hydrate during work hours, even if company policy says otherwise
- Providing a chair or a standing desk, depending on what you need physically
- Granting additional bathroom breaks throughout the day
- Reducing or modifying physically demanding duties
- Allowing remote work or a temporary reassignment when commuting or job duties become difficult
- Providing time to recover from childbirth, whether or not you qualify for FMLA or paid leave
The Pregnant Workers Fairness Act does not require that these accommodations be paid, but it does require that employers make them unless doing so would create an undue hardship. The law ensures that pregnancy is recognized as a legitimate condition deserving of flexibility, rather than as an inconvenience to employers.
Why Is Documentation The Strongest Protection Against Workplace Pregnancy Discrimination?
Even though the law is clear, discrimination still happens. Some companies try to disguise pregnancy discrimination under “performance” or “attendance” issues. This is why documentation is critical.
Keep written records from the moment you disclose your pregnancy. Save every email, text, or memo related to your work schedule, performance, and any requests for accommodations. If your supervisor denies a request or makes a negative comment about your pregnancy, document it in writing.
A strong paper trail can make all the difference if your employer retaliates, demotes, or terminates you after learning you are pregnant. Documentation gives your attorney the evidence needed to hold your employer accountable under federal law.
When Should I Contact An Experienced NYC Pregnancy Discrimination Attorney?
If your employer denies your accommodation requests, disciplines you for taking medical leave, or creates a hostile environment after your pregnancy announcement, you should speak with an employment discrimination attorney as soon as possible.
The pregnancy attorneys at Tuckner, Sipser, Weinstock & Sipser, PLLC have decades of experience representing women facing pregnancy discrimination and other workplace injustices. We can help you understand your rights, gather evidence, and take immediate action to protect your job and your health.
Take Control of Your Pregnancy Rights
Since June 27, 2023, the Pregnant Workers Fairness Act has been in effect nationwide, changing how employers must treat pregnant workers. The law guarantees that you have the right to:
- Reasonable accommodations that make it possible to continue working safely
- Flexibility for medical appointments and recovery time
- Protection from retaliation or termination due to pregnancy
- Equal treatment and respect in the workplace
Pregnancy should never jeopardize your employment. You are entitled to both your health and your livelihood.
Schedule A Free Evaluation With An Experienced Pregnancy Discrimination Lawyer.
If your employer is denying you accommodations or treating you unfairly because of your pregnancy, you are not alone. Contact Tuckner, Sipser, Weinstock & Sipser, PLLC for a free, confidential evaluation to discuss your situation.
Call (212) 766-9100 to learn more about how we can help you protect your rights under the Pregnant Workers Fairness Act.
With more than 35 years as a New York pregnancy discrimination lawyer, attorney Jack Tuckner has represented countless women who have been the victims of workplace pregnancy discrimination. He is a sought-after media interviewee on pregnancy discrimination and recognized in the legal profession for his leadership in this area, and he has received dozens of 5 star client reviews. Jack is an active member of the New York bar.