• New York City Prohibits Discrimination in Employment Based on Pregnancy, Childbirth or Related Medical Condition
  • September 30, 2013
  • Law Firm: Morrison Cohen LLP - New York Office
  • Yesterday, the New York City Council approved a new law, the Pregnant Workers Fairness Act, that prohibits most employers in New York City from failing to provide reasonable accommodation for pregnant women or those suffering from a pregnancy or childbirth-related medical condition.  The new law, which amends the New York City Human Rights Law, grants those who believe they have suffered discrimination based on their employer’s failure to provide such accommodation the right to file a civil action. The law also allows individuals to file a complaint with the City's Commission on Human Rights.  The Act, which passed by a unanimous vote (thus making it "veto proof"), applies to all businesses with four or more employees, including those engaged by such employers as independent contractors.  Businesses that would face “undue hardship” in making such accommodations would also be excluded; however, the burden of proving undue hardship is on the employer, pursuant to a variety factors specifically outlined in the statute.