New York Pregnancy Discrimination—What Are Your Rights In The Workplace?
Pregnant women in New York not only worry these days whether they will find a seat on the subway during rush hour, an increasing number are worried about their job security as their belly grows.
While other discrimination claims are on the decline, according to the EEOC, pregnancy discrimination claims have risen from 4,160 in 2000, to 4,730 in 2005 (see http://www.eeoc.gov/stats/pregnanc.html).
Although more extensive than other states, New York Pregnancy Laws are still somewhat limited in scope. For example, a pregnant worker must receive the same fringe benefits (including seniority accrual, sick leave, health, and medical coverage) received by employees for disabilities not related to pregnancy.
Under New York’s Human Rights law, private-sector employees are entitled to 26 weeks of leave for pregnancy disability and recovery from childbirth. The law covers all employers with one or more employees. However, New York state public-sector employees are entitled to seven months of unpaid parental leave from the date of delivery. In addition, state employees may be granted up to two years of unpaid leave for pregnancy or childbirth.
Two federal laws loosely guide the New York laws: Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act (PDA).
FMLA guarantees that those who work for companies with 50 or more employees will get up to 12 weeks of unpaid leave each year to care for a new baby, a newly-adopted child or a seriously ill child. This family-oriented law also applies to seriously ill parents and recovery from the person’s own serious medical condition. The federal law allows states to set standards that are higher than federal law, but only a few states have done this.
The PDA applies to employers with 15 or more employees. It is meant to protect the pregnant employee from discriminatory actions that are based on her pregnant status. This federal law was an amendment to the Civil Rights Act of 1964, stating that women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
