Pregnancy Discrimination Lawyer in New York City

Do You Have a Pregnancy Discrimination Lawsuit?

Discrimination may arise whether you’re trying to become pregnant, already pregnant, or recently gave birth. If an employer or potential employer takes adverse actions against you based on your pregnancy, you may have a legal claim. Adverse employment actions may include:

• Failure to hire
• Firing or layoffs
• Failure to promote
• Demotion or harassment
• Unequal pay
• Failure to provide reasonable accommodation

If you face these actions and believe they’re tied to your pregnancy, pregnancy-related condition, or childbirth, contact our skilled discrimination lawyers today. You are not required to disclose your pregnancy unless it affects your ability to perform your job. Similarly, you are not obligated to take leave unless medically necessary due to your pregnancy-related condition.

Discrimination claims are difficult to prove because an employer rarely admits to making a decision on the basis of pregnancy. Very often, an employer will take adverse employment actions against you for a seemingly legitimate reason, although discriminatory motive was the real reason for the conduct. In such a situation, you are entitled to demonstrate that the employer’s “legitimate reason” was actually pretext for hiding discrimination.

What a Recent Federal Court Said

A federal court recently held that an employee established a valid claim for discrimination based on pregnancy where: “Plaintiff has satisfied her de minimus burden of establishing a causal connection between her request for accommodation and the termination of her employment … Such a close proximity in time is more than sufficient, for purposes of a prima facie case, to support a causal connection.” (Guerrero v. Constellation Health Servs., LLC, Sept. 4, 2025; citing Samuels v. Urban Assembly Charter School for Computer Science.)

Note: Courts often examine timing—such as termination shortly after asking about leave—as evidence supporting causation.

NYC Human Rights Law (NYCHRL) — Pregnancy Discrimination

Consistent with Title VII, “pregnancy discrimination is a form of gender discrimination under the NYCHRL.” To prevail on liability, the plaintiff need only show that she was treated “less well” than other employees, resulting from discriminatory intent because of her gender. (See Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102, 111 (2d Cir. 2013).)

Federal Law — Title VII Standard

Title VII prohibits an employer from discharging any individual because of such individual’s sex, which includes pregnancy. Courts analyze Title VII claims under the three-step burden-shifting framework of McDonnell Douglas. To establish a prima facie case, a plaintiff shows that she: (1) belongs to a protected class; (2) was qualified; (3) suffered an adverse action; and (4) the action occurred under circumstances giving rise to an inference of discrimination. The employer must then articulate a legitimate, non-discriminatory reason; the plaintiff may prove that reason is pretext and that discrimination was a motivating factor.