Pregnant at Work: Understanding Your Right to Pregnancy Accommodations

A number of federal and state laws protect you from discrimination based on your pregnancy, your intent to become pregnant, or pregnancy-related medical conditions.  These laws require employers to provide reasonable accommodations to pregnant employees.  They also prohibit employers from forcing you to take a leave of absence if you can perform your job.  

Here are some of the laws that protect you.

The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions in any aspect of employment, including hiring, firing, pay, promotion, and benefits.  Employers with 15 or more employees must provide the same accommodations to pregnant employees as they do for other temporarily disabled workers.  The PDA also protects you from retaliation for asserting your rights under the Act.

Under the Pregnant Workers Fairness Act (PWFA), employers with 15 or more employees are required to provide reasonable accommodations to workers for pregnancy, childbirth, and related medical conditions.  Accommodations must be provided for known limitations related to pregnancy, childbirth, or related medical conditions, unless it poses an undue hardship on the employer.

Under the Americans with Disabilities Act (ADA), pregnancy itself is not considered a disability.  However, pregnancy-related conditions that substantially limit major life activities may be considered disabilities, requiring reasonable accommodations by employers.

Under New York State laws, pregnant women have the right to reasonable accommodations for pregnancy-related conditions.  This includes breaks to rest or drink water, modified work schedules, leave for medical needs, light duty assignments, and transfers from hazardous duties.  This law applies to all public and private employers in New York State, regardless of size or industry.

The New York City Human Rights Law (NYCHRL) provides even greater protections.  Pregnant women have the right to reasonable accommodations for pregnancy, childbirth, or related medical conditions without needing to demonstrate a disability.  This includes accommodations for fertility treatments, miscarriages, or abortions.  These protections apply to employers with four or more employees.

​What types of accommodations are available for pregnant employees?

The types of accommodations available will depend on your needs, your job responsibilities, and what is feasible without imposing an undue burden on the employer.  Employers must engage in an interactive process with you, and they must act in good faith, to determine what is an appropriate accommodation.

Some of the most common accommodations include:

• Schedule adjustments for prenatal appointments
• Breaks for increased restroom use, eating, or drinking
• Providing a stool or chair to sit on
• Temporary transfer to light duty
• Lifting restrictions
• Allowing a water bottle in work areas
• Modifying uniforms or dress codes
• Time off for recovery after childbirth

While employers do not have to provide the exact accommodation you requested, they must provide an effective alternative if available.

​Specific accommodations for breastfeeding mothers

Under the Fair Labor Standards Act (FLSA), as amended by the PUMP Act, pregnant women have the right to reasonable break time and a private space, other than a bathroom, to express breast milk for one year after the child’s birth.  

New York laws also provide that pregnant employees have the right to express breast milk at work, with reasonable accommodations provided.  Pregnant women are entitled to 30-minute paid breaks to express breast milk for up to three years following childbirth, and employers must provide a private, non-bathroom space for this purpose.  This law applies to all public and private employers in New York State, regardless of size or industry.

​How do I request a pregnancy accommodation?

​To request a pregnancy accommodation from your employer, you must first determine the type of accommodation you need.  Consider your specific limitations and what adjustments would help you perform your job safely and effectively.

When you prepare your request, be clear that you are requesting an accommodation related to pregnancy or a related condition.  Explain the limitation you are experiencing and how it affects your work.  Suggest specific accommodations that would help, if you have ideas.  Express willingness to work with your employer to find an effective solution.

Submit your request to the appropriate person and ask to speak with them about it.  If your company has a Human Resources department, submit your request there.  If not, talk to your direct supervisor or manager.  Submit your request in writing and keep a copy for your files.  This may become important if your request is denied.

Be prepared to engage in an interactive process with your employer to determine an appropriate accommodation.  Provide medical documentation if requested by your employer, though this is not always required.  Follow up if you don’t receive a timely response.

You do not have to use any specific legal terms or mention laws by name when making your request.  Just be clear that you are requesting a pregnancy-related accommodation.  Once you do that, your employer is legally required to work with you in an effort to find a reasonable solution.

​What should I do if my employer claims that an accommodation would cause undue hardship?

​If your employer claims that providing an accommodation would cause an undue hardship, you should ask for a detailed explanation.  Ask your employer to explain specifically why they believe the accommodation would cause undue hardship.  They should provide concrete reasons related to cost, resources, or business operations.  The burden is on the employer to prove that an accommodation would cause undue hardship.  They must demonstrate significant difficulty or expense based on the specific circumstances of the business.

Continue discussing alternative accommodations with your employer that may be less burdensome but still meet your needs.  The law requires employers to participate in this good faith dialogue.  If it would be helpful, offer more details about your needs or suggestions for how the accommodation could be implemented with minimal disruption.

Research similar accommodations.  Look for examples of how other employers have successfully implemented similar accommodations to counter undue hardship arguments.  In this regard, it may be helpful to consult external resources.  Organizations such as the Job Accommodation Network can provide free expert guidance on workplace accommodations.  An occupational health professional or vocational expert may be able to assess the situation and provide impartial recommendations.

You might also propose a trial period.  Suggest implementing the accommodation on a temporary basis to evaluate its actual impact on the business.

Make sure that you document everything.  Keep detailed notes of all conversations, emails, and interactions regarding your accommodation request and any claim of undue hardship, including dates, people involved, and what was discussed.

What should I do if my employer refuses to provide a pregnancy accommodation?

If your employer refuses to accommodate you or retaliates against you for making a request, you should consult with an employment lawyer.

An experienced employment lawyer can help you understand your rights and options.  They can help you negotiate a resolution with your employer.  If necessary, they can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or in court.

To schedule a free and completely confidential consultation with an experienced employment attorney, call John Howley, Esq. at (212) 601-2728.  He will listen to you, help you understand your rights, and explain your options.