The New York City Council recently (and unanimously) passed the Pregnant Workers Fairness Act, which will broaden the New York City Human Rights Law to include enhanced protections for pregnant workers. (You can read more about the new legislation on the City Council’s website; Think Progress also summarizes it here.)
The New York City Human Rights Law is a very broad statute that provides greater protection than its federal and New York state counterparts. In fact, it already protects against pregnancy discrimination (as a form of gender discrimination). See, for example, the SDNY’s recent decision in EEOC v. Bloomberg.
However, the new law goes further, in that it specifically states that employers must provide “reasonable accommodations” to the needs of an employee for her pregnancy, childbirth, or related medical condition.
The following lays out the findings and intent motivating this legislation:
The Council finds that pregnant women are vulnerable to discrimination in the workplace in New York City. For example, there are reports that women who request an accommodation that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth, are being removed from their positions, placed on unpaid leave, or fired. It is the intent of the Council to combat this form of discrimination by requiring employers to provide reasonable accommodations to pregnant women and those who suffer medical conditions related to pregnancy and childbirth. Such a reasonable accommodation may include bathroom breaks, leave for a period of disability arising from childbirth, breaks to facilitate increased water intake, periodic rest for those who stand for long periods of time, and assistance with manual labor, among other things. It is not the intent of the Council to require such accommodations if their provision would cause an undue hardship in the conduct of an employer’s business.
The heart of the law is the inclusion of a new “unlawful discriminatory practice” (as new subparagraph 22 of NYCHRL § 8-107), which reads as follows:
(22) Employment; Pregnancy, childbirth, or a related medical condition.
(a) It shall be an unlawful discriminatory practice for an employer to refuse to provide a reasonable accommodation, as defined in subdivision eighteen of section 8-102 of this chapter, to the needs of an employee for her pregnancy, childbirth, or related medical condition that will allow the employee to perform the essential requisites of the job, provided that such employee’s pregnancy, childbirth, or related medical condition is known or should have been known by the employer. In any case pursuant to this subdivision where the need for reasonable accommodation is placed in issue, it shall be an affirmative defense that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodation, satisfy the essential requisites of the job.
(b) Notice of rights. (i) An employer shall provide written notice in a form and manner to be determined by the commission of the right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions pursuant to this subdivision to: (1) new employees at the commencement of employment; and (2) existing employees within one hundred twenty days after the effective date of the local law that added this subdivision. Such notice may also be conspicuously posted at an employer’s place of business in an area accessible to employees. (ii) The commission shall develop courses of instruction and conduct ongoing public education efforts as necessary to inform employers, employees, employment agencies, and job applicants about their rights and responsibilities under this subdivision.
(c) This subdivision shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under any other provision of this section.
It is expected to take effect 120 days after becoming law.
On the federal front, some have questioned whether the U.S. Supreme Court will address the extent to which employers must accommodate pregnant workers under federal law.
Stay tuned.