SOME EXAMPLES:
HOW TO You’ve always received satisfactory reviews and raises in your job. You inform your boss that you are pregnant and begin receiving negative job FILE A performance reviews and are put on probation. You believe this is due to your pregnancy. What are your options?
COMPLAINT If you believe that the negative performance If you believe that you have been reviews and probation are based upon the disclosure of your pregnancy, you may file a discriminated because of your pregnancy, complaint with the Division of Human Rights. or denied a reasonable accommodation for ______a medical condition related to pregnancy or childbirth, you can file a complaint with the You return to work after childbirth leave and New York State Division of Human Rights. discover that your position has been filled. You are o ered a position junior to the one you had A complaint must be filed with the Division previously held. What are your rights? within one year of the alleged discriminatory PREGNANCY act. If your employer has a policy of holding jobs for employees on leave for reasons other than Discrimination To file a complaint: pregnancy, then the Human Rights Law requires that your employer treat you similarly. You may in the Workplace • Visit the Division’s website, at also have rights to your former position as a
WWW.DHR.NY.GOV, and download reasonable accommodation to your pregnancy, a complaint form. Completed as time o for recovery is generally considered a complaints must be signed before a reasonable accommodation to a temporary notary public, and returned to the disability under the Human Rights Law. Division (by mail or in person). ______
• Stop by a Division o ce in person. You are in the seventh month of your pregnancy, and your employer is pressuring you to take • Contact one of the Division’s o ces, maternity leave. You want to continue working by telephone or by mail, to obtain a and feel capable of continuing. Must you take maternity leave? complaint form and/or other ONE FORDHAM PLAZA assistance in filing a complaint. Employers are prohibited from requiring a BRONX, NEW YORK 10458 pregnant worker to take maternity leave unless 1-888-392-3644 For more information or to find the regional the employee is unable to perform activities TTY: 718-741-8300 o ce nearest to your home or place of involved in the job in a reasonable manner. The WWW.DHR.NY.GOV employment, visit our website at: employer is obligated to consider whether a WWW.DHR.NY.GOV. reasonable accommodation would permit you to continue working. Are Your Pregnant and Employed? A pregnant employee cannot be treated Retaliation for Filing a Complaint di erently from others with temporary is Unlawful Pregnancy discrimination is familial status disabilities and must receive the same discrimination under the New York State fringe benefits (e.g., seniority accrual, sick The Human Rights Law prohibits an Human Rights Law. Pregnancy leave, and medical coverage) received by employer from retaliating against an discrimination is also considered sex employees out of work due to disabilities employee for filing a complaint of discrimination. It is also unlawful to refuse not related to pregnancy. discrimination with the employer or to reasonably accommodate a medical otherwise opposing employment practices condition related to pregnancy or childbirth An employer must consider reasonable that are discriminatory. (referred to as a “pregnancy-related accommodations to enable an employee condition”). with a pregnancy-related condition to Retaliation is also prohibited after the filing perform her job in a reasonable manner. of a complaint with the Division, during the It is against the law to terminate an An employer may require medical time the complaint is pending, or at anytime employee or refuse to hire an applicant documentation of the restrictions imposed thereafter. because she is pregnant or because of a by the pregnancy-related condition. pregnancy-related condition, or to Retaliation claims can be filed and discriminate in the terms, conditions, and The Law requires that an employer’s adjudicated as separate and independent privileges of employment because of health and disability insurance plans treat complaints. pregnancy or childbirth. pregnancy like all other short term disabilities (e.g., broken leg, heart attack, The Human Rights Law prohibits employers etc.). Employers providing medical from requiring a pregnant worker to take insurance must cover the medical costs of mandatory maternity leave unless the pregnancy to the same extent that they employee is prevented by the pregnancy cover other medical expenses. from performing the essential activities involved in her job in a reasonable manner. Employers are required to hold jobs for women absent due to pregnancy or If, during the pregnancy, an employee is childbirth as long as they do so for absent from work due to a employees who take leave for other pregnancy-related condition and recovers, reasons. Time o for recovery is generally her employer may not require her to remain considered a reasonable accommodation on leave until the baby’s birth if she is for a temporary disability. Accumulated physically able to return to work. sick leave and applicable vacation leave may be used to cover the period a For a pregnant employee who is remaining pregnant worker is unable to work. on the job or returning to work, the employer may only require such medical You may also have disability and child documentation as to fitness to work as is care leave rights under the Federal Family required by other employees. and Medical Leave Act.