On January 30, 2014, a local law was passed to amend the Administrative Code of the City of New York. This amendment enhances protection against employment discrimination due to pregnancy, childbirth, or a related medical condition. Under the new law, employers who meet certain criteria are required to provide “reasonable accommodations” to pregnant women, or women who suffer medical conditions relating to childbirth and pregnancy. Examples of “reasonable accommodations” include bathroom breaks, assistance with manual labor, and period rest for physically demanding jobs.
The requirement of “reasonable accommodations” is subject to certain limitations. The local law only applies to employers with four or more employees. Further, employers may be able to avoid such accommodations if they can prove that it would cause them undue hardship. When showing undue hardship, factors that will be considered include the nature and cost of accommodations, the overall financial resources of the facility, the overall financial resources of the entity, and the type of operations covered by the entity. Despite its limitations, this amendment to the Administrative Code recognizes that pregnant women remain vulnerable to employment discrimination.
The Employment Lawyers of Fitapelli & Schaffer, LLP frequently represent employees who have faced discrimination in the workplace. If you feel you are being discriminated against due to pregnancy, then please call the employment lawyers of Fitapelli & Schaffer, (212) 300-0375, to schedule a free consultation