Great Expectations

After working until one week before giving birth and returning to the job early, a New York City woman asked to perform tasks from home for 60 days—long enough to get her baby into daycare. During this period, says Danilo Bandovic of Derek Smith Law Group, who represented the woman, “The employer was having a meeting with her and witnessed her on the webcam holding her child. And the employer made some comments like, ‘That’s not really professional,’ and terminated her employment a short while later.”

Pregnancy discrimination is more common than people suspect, Bandovic says. “I think a lot of employers start to think: What’s this woman’s plan moving forward? Is she going to go on leave and then never come back? When she does come back, does she need accommodations like places to pump?”

Such bias can manifest in multiple ways—from withholding promotions and raises to denying reasonable accommodations for pregnancy-related medical conditions. Some employers also refuse to allow time off for prenatal medical appointments, force an employee to cut her leave short, or even put pressure on her to quit. 

“I have represented individuals in law enforcement who, when they’ve become pregnant, for purported safety reasons, experienced—even though it wasn’t medically indicated—a forced diminishment in their roles or responsibilities,” says Ariel Solomon of Solomon Law Firm. 

Fortunately, a number of federal laws protect employees, among them the Pregnancy Discrimination Act, Pregnant Workers Fairness Act, Family and Medical Leave Act, Americans with Disabilities Act, Title VII, and the Providing Urgent Maternal Protections for Nursing Mothers Act, which mandates reasonable break time and a private, nonbathroom space for nursing. In New York, state and local protections often exceed those at the national level. In fact, says Bandovic, “New York state and New York City have some of the most protective laws in the country.” 

If you feel your employer is discriminating against you, Bandovic says it’s important to document the details. What was stated? Who was present? Where was it done? Preserve text messages with a screenshot. Confirm verbal discussions via email and list the points covered.

“It doesn’t require citing the law,” says Bandovic. “It’s enough to say, ‘I told my manager I was pregnant last week, and I noticed this week he’s removed me from all the meetings, and I’m hearing from another person that they’re trying to replace me. I’d like HR to look into this.’ That can be a very compelling email in any type of lawsuit or claim.”

A lawsuit might not even be necessary. First, file a complaint with HR or other department as specified in the company’s employee handbook. Sometimes the solution might be as simple as nudging your doctor to send a request for the workplace accommodations you need. 

If the issue isn’t resolved, there are additional options, such as going to the State Division of Human Rights (or the New York City equivalent), or consulting a lawyer to file a charge with the U.S. Equal Employment Opportunity Commission. “In order to file a claim in federal District Court,” Solomon says, “under both federal statutes and state statutes, one would first go to the EEOC. 

“The real value of consulting with an attorney is there are a lot of different statutes that might apply,” Solomon adds. “There’s several options available and there should be analysis based on the individual factual circumstances involved about the appropriate route to take.”

What’s more, she adds, the lawyer might be able to negotiate a severance if the client wants to move on with her life, or a reasonable accommodation if she wants to continue working for the employer. 

Even if you’re just uneasy about the possibility of discrimination, it might be wise to meet with a legal expert. “There’s just an undeniable reality that pregnancy discrimination still exists, and it’s more prevalent in certain fields,” Solomon says. “I’ve had consults with clients who are just worried about it because they’re in a kind of job where they’re aware that it may be deemed an inconvenience by the employer, and they want to know what they should be asking.”