Florida and New York Pregnancy Discrimination

Stand Up for Your Rights: Expert Legal Support for Pregnancy Discrimination Cases

Protecting women from pregnancy discrimination in the workplace is important as 72% of working women will become pregnant at some point in their lives, and 23 % of mothers have thought about leaving their careers due fears of discrimination or a lack of reasonable accommodations.*

At O’Connell Law, PLLC, we are committed to protecting the rights of employees facing pregnancy discrimination, which includes pregnancy related conditions such as infertility, breastfeeding, postpartum case, and many other medical circumstances associated to pregnancy. If you are experiencing unfair treatment due to pregnancy or pregnancy related condition in New York or Florida, our pregnancy discrimination lawyers are here to provide the support and legal expertise you need.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employee or job applicant is treated unfairly due to pregnancy, childbirth, or related medical conditions. Examples of covered conditions may include:

• Current pregnancy
• Past pregnancy
• Potential pregnancy
• Infertility Treatment
• Medical condition related to pregnancy (such as: Hyperemesis gravidarum, High Blood Pressure, Gestational Diabetes, Infections, Preeclampsia, Preterm Labor Depression/ Anxiety)
• Childbirth
• Pregnancy Loss/Miscarriage
• Breastfeeding/lactation
• Having or choosing not to have an abortion
• Birth control (Contraception)

Examples of pregnancy discrimination in the workplace may include:

• Unfair Treatment: Being denied job opportunities, promotions, or pay raises because of pregnancy.
• Harassment: Facing derogatory comments or unwelcome behavior related to your pregnancy such as comments about her weight, capacity to work, the impact of their pregnancy on the workplace, jokes or intimidation. This can also include unwanted touching.
• Denial of Accommodations: Not receiving reasonable accommodations for pregnancy-related conditions, such as flexible work hours or modified duties.
• Termination or Forced Leave: Terminating or pushing out a mother or soon-to-be mother because of her condition or believing that she will not be a dedicated employee now that she is a mother.
• Refusing to Provide a Private Space for Lactation: Mothers have the right in most workplaces to have a clean, private space to express milk for their baby. This space cannot be a restroom.
• Breaking maternity leave promises: Often company’s initially promise maternity leave but then break their promises.
• Retaliation: Companies are not allowed to retaliate against women upon learning of their condition or upon receiving requests for pregnancy related accommodations.
• Refusing to Hire: Companies may not refuse to hire a woman after learning she is pregnant.

Current Legal Protections for Pregnant Workers

As of 2024, several federal and state laws protect employees from pregnancy discrimination, including:

• Pregnancy Discrimination Act (PDA): An amendment to Title VII of the Civil Rights Act of 1964, the PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions and requires employers to treat pregnant employees the same as other employees with similar abilities or limitations.
• Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid leave for pregnancy-related conditions and childbirth, ensuring job protection during this time.
• Americans with Disabilities Act (ADA): If pregnancy complications qualify as a disability, the ADA may require employers to provide reasonable accommodations.
• The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act): A Federal law requires employers of ALL sizes are required to provide a reasonable amount of break time in a clean, private space for lactating employees to express milk for up to one year following the birth of the mother’s child. This pumping space cannot be a restroom.
• Pregnant Workers Fairness Act (PWFA): Is a 2024 Federal law, that expands the requirements of a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
• Florida Pregnant Workers Fairness Act (2024): Florida law mandates that employers provide reasonable accommodations for pregnant employees, such as more frequent breaks and adjustments to job duties.
• New York State Pregnant Workers Fairness Act (2024): New York law requires employers to provide reasonable accommodations for pregnancy-related conditions, including changes to work schedules and duties.

Examples of Reasonable Accommodations for Pregnant Employees or Related Conditions:

Once an employee makes “known” to their company or supervisor that they have a limitation related to pregnancy, childbirth, or a related medical condition and they need a change in their work environment, the employer is obligated to either provide an effective accommodation or to engage with the employee to identify one. Unlike the ADA, under recent law, the employee’s limitations do not have to be major or ongoing as now even minor and episodic medical needs must be accommodated too.  Examples of reasonable accommodations may include:

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom.
• If pelvic pain due to pregnancy that is exacerbated by standing, providing a chair.
• If fatigue during pregnancy, providing rest breaks or take off of night shifts.
• Light duty or help with lifting or other manual labor while pregnant or after a c-section.
• If a need to attend prenatal care appointments, granting requests for time off for appointments.
• If there is a risk to the women/baby posed by working with chemicals, changing job duties or provide effective PPE.
• If a need to eat or drink more due to breastfeeding, providing additional lunch break, or allow snacking.
• If a need to attend appointments for IVF, allow schedule changes or time for injections.
• If a risk to pregnancy from infectious diseases, authorizing telework.
• Need to recover from childbirth, miscarriage, or abortion (provide leave)
• Difficulty commuting long distances due to urinary incontinence, reassign to closer location.
• Changing food or drink policies to allow for a water bottle or food.
• Providing a private lactation room that is not in a restroom, as well as refrigeration for the milk.
• Temporary leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.

Steps to Take If You Face Pregnancy Discrimination:

1. Document the Discrimination: Keep detailed records of discriminatory incidents, including dates, times, and any communications related to your treatment and when you first notified the company of your pregnancy.
2. Document the Requests for Accommodation: Keep detailed records of your requests for pregnancy related accommodations, when you first notified the company of your pregnancy, the company’s response, and any communications related to your treatment or condition.
3. Review Company Policies: Familiarize yourself with your employer’s policies on pregnancy, accommodations, FMLA leave, and related policies.
4. Report Internally: Follow your company’s procedures for reporting discrimination and keep copies for yourself at home.
5. Seek Legal Advice: Contact our law firm for a consultation to understand your available rights and explore your legal options.

Why Choose O’Connell Law, PLLC?

• Experienced Attorneys: Our team has extensive experience handling pregnancy discrimination cases in Florida and New York. We understand the nuances of these cases and are dedicated to protecting your rights.
• Personalized Service: We offer customized legal solutions tailored to your specific situation. Our attorneys provide compassionate and effective representation throughout the legal process.
• Proven Success: With a track record of successful outcomes, we are committed to achieving the best results for our clients.

Contact Us Today to Schedule a Free Consultation

If you are experiencing pregnancy discrimination or have been terminated because of your pregnancy, don’t hesitate to seek legal help. We are here to assist you in navigating the legal landscape and fighting for your rights. Call us today or fill out our online contact form to schedule a confidential consultation. Let us help you secure the justice and support you deserve.

Email us at Office @KellyOconnellLaw.com or call one of our offices:

• New York Office: (908)274-1807 - 305 Broadway​, Suite​ 711, New York, NY 10007
• Florida Office: (305)209-9246 - 175 S.W. 7th Street, Suite 2410, Miami, Florida 33130

Whether you are a mother, soon-to-be-mother, or desire to be a mother on day, the workplace should be a safe environment for everyone, especially women during such a delicate and important time in their lives.  You do not have to go through this alone and you should enjoy your rights in the workplace as a woman. It is important to your health and your family’s wellbeing. Do not let your horrible boss push you out of the workplace or make you feel that you have no options. Many of our cases resolve without the need to publicly file a case in court, if our clients seek to keep their allegations confidential.

** SOURCE: Bipartisan Policy Center: Morning Consult Poll, February 11, 2022; US Census Bureau, Maternity Leave and Employment Patterns: 1961-2008, 2011.