['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
Employer defined
The term “employer” does not include any employer with fewer than four persons in his employ.
Unlawful employment practices
Effective January 19, 2016, employers must allow for pregnancy accommodations. This includes performing a reasonable accommodation analysis for employees with pregnancy-related conditions. A pregnancy-related condition is a medical condition related to pregnancy or childbirth limited to conditions which, upon the provision of reasonable accommodation, do not prevent reasonable performance of the occupation held.
A reasonable accommodation does not need to be granted if it imposes an undue hardship on an employer.
Employees must cooperate in providing medical or other information to verify the existence of a pregnancy-related condition.
State law also provides that it is unlawful for an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by pregnancy from performing the activities involved in the job or occupation in a reasonable manner. Also, the provisions of the federal Pregnancy Discrimination Act and the federal Pregnant Workers Fairness Act would apply.
State
Contact
New York State Division of Human Rights
Regulations
Human Rights Law, Executive Law Article 15
Rules & Regulations, Subtitle J, Division of Human Rights, Part 465 - Rules of Practice
Human Rights Law, Executive Law, Chapter 292, Subdivisions 21-e and 21-f
Human Rights Law, Executive Law, Chapter 269, Subdivision 3
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.