NYC Releases Guidance on Pregnancy Discrimination

Guidance Clarifies Violations and Accommodations Under the Law

New York City has released guidance that clarifies violations of pregnancy protections under the New York City Human Rights Law, and provides examples of when and how covered employers should make accommodations for employees based on pregnancy, childbirth, or a related medical condition.

Background
The New York City Human Rights Law, generally applicable to employers with 4 or more employees, prohibits unlawful discrimination in employment on the basis of (among other things) pregnancy or perceived pregnancy, through its prohibitions on discrimination based on gender. It also requires employers to reasonably accommodate the needs of an employee for her pregnancy, childbirth, or related medical condition.

Guidance
Among other things, the guidance:NYC-Pregnancy-11x17.gif

  • Outlines specific violations of pregnancy protections under the law in employment, including firing or refusing to hire or promote employees because they are pregnant;
  • Requires employers to accommodate reasonable requests from employees related to pregnancy, childbirth, or a related medical condition (e.g., allowing employees to eat at their desks, providing seating, arranging for light duty or desk duty assignment, transferring workers to other available positions, and allowing for unpaid leave to recover from childbirth);
  • Specifies what an employer must prove in order to deny an accommodation, such as undue hardship or that an employee would not be able to satisfy the essential requisites of a job even with a reasonable accommodation;
  • Clarifies that employees undergoing fertility treatment, who have had abortions or miscarriages, or who are breastfeeding are entitled to reasonable accommodations under the law;
  • Requires employers to initiate and engage in a “cooperative dialogue” with employees when the employer is on notice that an employee is in need of an accommodation based on pregnancy, childbirth, or a related medical condition; and
  • Discusses an employer’s obligation to provide notice regarding pregnancy protections.

The guidance was issued on May 6, 2016. Click here to read the guidance.

ORIGINALLY POSTED BY WWW.HR360.COM

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