NYC pregnancy policies are regulated by the NYC Commission on Human Rights. The Commission makes sure that covered entities do not use policies to discriminate against pregnant women. Furthermore, the Commission protects people from discrimination with the NYC Human Rights Law (NYCHRL). The Commission can also bring companies to court for violating the Law. This article will explore polices that exclude pregnant women. It will also display examples of Law violations.
NYC Pregnancy Policies that Exclude Pregnant Women
NYC Pregnancy policies that single out pregnant women are illegal unless they have a non-discriminatory justification for the distinction. Additionally, discriminatory policies can be for pregnant women or for women who are likely to become pregnant. Illegal policies include plans that exclude pregnant employees or workers who are are likely to become pregnant from specific job positions and public accommodations. They also deny pregnant women specific food and drinks. While companies may try to justify exclusions because of maternal or fetal safety, they cannot use safety as an excuse for discrimination. They can’t use safety as an excuse for reinforcing gender norms or stereotypes either.
Examples of NYC Pregnancy Policies that Violate the Law
It is against the Law to deny a pregnant job applicant a position because the job involves working with hazardous chemicals. It is also illegal to deny a pregnant employee a job promotion because the job may endanger the fetus. Furthermore, a restaurant cannot forbid staff from serving pregnant women raw fish or alcohol.
Hospitals cannot exclude pregnant women from inpatient drug detoxification programs. Additionally, employers cannot make pregnant employees take unpaid leave at a specific month in their pregnancy. It is also illegal to require medical clearance from pregnant employees to perform certain tasks when medical clearance is not required from other employees.