Can I Be Fired for Being Pregnant in New York?

new york pregnant

More than sixty-eight million women participate in the U.S. workforce, and about seventy-five percent of them will become pregnant at some point during their employment. Prior to the passage of the Pregnancy Discrimination Act of 1978, employers in New York and elsewhere commonly fired pregnant workers, so the employers would not lose productivity due to missed shifts and childcare obligations. This also prohibited employers from discriminating against women due to pregnancies, childbirth, or any related medical conditions. That said, if you believe your rights under this law have been violated, please don’t hesitate to contact our New York City wrongful termination lawyer.

Can a New York employer ever legally fire a pregnant employee?

As long as the employer has at least 15 employees on their payroll, employees are protected from being fired under the Pregnancy Discrimination Act of 1978. That said, some smaller businesses with less than 15 employees can essentially fire any employee for any reason, including a pregnancy, though the employer likely won’t specify pregnancy as the reason.

How do you prove pregnancy discrimination in New York?

Together with your legal representative, you will have to collect and present as much evidence as possible. Some of the most useful forms of evidence when it comes to proving pregnancy discrimination claims can include policies that purposefully treat pregnant workers unfairly, failure to make certain reasonable accommodations because of a worker’s pregnancy, written or recorded discriminatory statements regarding a worker’s pregnancy, and more.

If you believe you’re a victim of discrimination in the workplace due to your pregnancy, or that you lost your job because of it, you likely have legal recourse available, and our legal team is here to provide it. Contact us today to learn more about how we can assist you.


If you are facing employment law or personal injury law issues of any kind, contact Mirza Law today to schedule your initial consultation with our seasoned legal team.