Pregnancy accommodations in NYC companies need to be reasonable so that women can work safely and efficiently. The NYC Commission on Human Rights ensures that employers give pregnant employees proper accommodations by enforcing the NYC Human Rights Law. The Law also protects employees from discrimination. This article will explore required pregnancy accommodations in NYC. It will also reveal how employees can prove pregnancy-based discrimination.
Required Pregnancy Accommodations in NYC
The Law requires employers to provide reasonable accommodations for employees’ pregnancy, childbirth or related medical conditions. These accommodations should allow employees to perform the job requirements. Furthermore, employees must let employers know about their pregnancy in order to get accommodation. An employer does not have to give an employee an accommodation if it will cause undue hardship on the company.
The Pregnancy Workers Fairness Act removed the need to request work accommodations through disability. It also allowed employees to request accommodations based on pregnancy and childbirth regardless of whether they amounted to a disability. Finally, the Pregnancy Discrimination Act of 1978 requires equal treatment for all employees in their ability or inability to work.
The Law goes well beyond federal protection. In fact, it protects the rights of pregnant women by requiring employers to make accommodations for pregnancy regardless of whether other employees are accommodated. Some accommodations can include:
- – temporary modifications to work schedule
- – temporary shift reassignments
- – additional breaks
- – temporary unpaid leave
The employer does not have to grant these accommodations if they will pose an undue hardship on the company. Additionally, they cannot prevent a worker from satisfying the job position’s requirements.
How to Prove Discrimination
Employees must show the following in order to prove discrimination on the basis of an employer’s failure to provide accommodation:
- the employee is pregnant, has recently given birth or has a medical condition related to pregnancy
- the worker requested a pregnancy accommodation or the employer knew that they needed an accommodation
- the employer did not provide an accommodation
Please check out our Anti-Discrimination Course should you have been charged to obtain a certification of completion and help with your charges. Feel free to contact us with any questions around unlawful retaliation.