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To achieve our goal of keeping you informed, this blog is Part XVI and an update of our series on federal laws that apply to the issues of workplace harassment, discrimination, & retaliation in New York. In Part XV, we provided you with an overview of “The Process of Requesting Accommodation” under the various federal laws. Accordingly, we now move the discussion forward with an overview of “Pregnancy-Related Protections” provided under applicable federal laws in this blog and part XVI of the series.

Pregnancy-Related Protections Provided under Federal Laws Applicable to Workplace Harassment, Discrimination, & Retaliation in New York.

NOTE: As mentioned in the previous blog and Part XIV, the information regarding the disability-related protections discussed in this short blog was current as of March 26, 2021.

1. Provision of Pregnancy-Related Protections

New York provides pregnancy-related protections pursuant to the following statutes:

  • Section 42 U.S.C. § 2000e(k) of the Pregnancy Discrimination Act (PDA).
  • Section 42 U.S.C. § 12101 et seq. of the Americans with Disabilities Act (ADA)-and-
  • Section 42 U.S.C. § 2000e et seq. of Title VII of the Civil Rights Act of 1964 (Title VII).

2. Pregnancy-Related Disabilities and Discrimination

a. Pregnancy Discrimination Act

Sex discrimination is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII). Pursuant to Section 42 U.S.C. § 2000e(k), the definition of discrimination under Title VII was expanded by the PDA “because of sex” to encompass discrimination based on or because of childbirth, pregnancy, or related medical conditions.

b. Americans with Disabilities Act (ADA)

Under the definition provided by the ADA, pregnancy is not a disability in itself. We have, in our video and blog accessible through https://www.youtube.com/watch?v=Mn1SvvwPAwU and https://milettilaw.com/blog/f/does-being-pregnant-in-of-itself-qualify-as-a-disability, respectively, provided you with an overview of the circumstances under which a pregnancy qualifies as a disability. As highlighted in the blog, pregnancy is considered a disability when an individual has certain impairments attributable to the pregnancy.

Generally speaking, if pregnancy impairs an individual’s performance at work or poses a threat to their life, then it’s considered a disability. So far, courts in New York have acknowledged four out of six conditions that would make a pregnancy considered a disability. These conditions include carpal tunnel syndrome (CTS), gestational diabetes, pregnancy-related sciatica, and preeclampsia (a pregnancy-related complication characterized by high blood pressure and signs of damage to other organs).

In line with the ADA, if given serious pregnancy-related medical conditions are found to be sufficiently severe, then they can be considered as disability and, henceforth, the pregnancy itself. Under such circumstances, an employer is obligated by the ADA to provide the pregnant employee with reasonable accommodation.

c. Title VII of the Civil Rights Act of 1964 (Title VII)

Sex discrimination is also prohibited under Title VII. Pursuant to Section 42 U.S.C. §§ 2000e(k), 2000e-2(a)(1), childbirth, pregnancy, or related medical conditions are included as part of Title VII’s definition of “on the basis of sex” or “because of sex.” In addition, pursuant to Section 42 U.S.C. § 2000e(k), the PDA requires, for all employment-related purposes such as the receipt of benefits under fringe benefit programs, the equal treatment of women affected by childbirth, pregnancy, or related medical conditions as other women not affected by these pregnancy-related conditions in their inability or ability to work. Furthermore, it is unlawful under Title VII when employers discriminate or retaliate against females on the basis of expressing milk or lactation. Currently, lactating female employees are protected from discrimination by the PDA, as amended into Title VII, since “lactation” is treated as a “related medical condition” of pregnancy.

In Part XVII, we will move forward the discussion and provide you with an overview of “Employer Obligation to Reasonably Accommodate Pregnancy,” as provided under several federal laws applicable to workplace harassment, discrimination, & retaliation in New York.

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.