Pregnancy is not a reason to lose your job, miss a promotion, or face hostility from your employer. Yet too many workers in Western New York experience exactly that when they announce a pregnancy, request accommodations, or take parental leave.
Buffalo pregnancy discrimination lawyers at Greenberg Gross LLP stand with employees who have been penalized, sidelined, or terminated because of their pregnancy or related medical conditions. Our trial attorneys pursue claims against employers of all sizes under both federal and New York State law, and we have secured multi-million dollar results in employment cases across the country.
If your employer treated you unfairly because of your pregnancy, call Greenberg Gross LLP at (716) 819-8189 for a free and confidential consultation.
Why Greenberg Gross LLP for Pregnancy Discrimination Claims in Buffalo
Pregnancy discrimination cases require attorneys who understand the emotional weight of what you are going through and who have the litigation skill to challenge employers with extensive legal resources. Greenberg Gross LLP brings both to every case.
Multi-Million Dollar Employment Results
Our attorneys have obtained a $6.1 million judgment in a whistleblower retaliation matter and a $10 million recovery in a breach of oral contract dispute, along with numerous other significant employment outcomes. Prior results do not guarantee a similar outcome.
Built for the Courtroom
Our founders left one of the world's largest law firms to build a practice focused on trial advocacy and high-stakes litigation. We prepare every case with trial in mind, including thorough witness preparation and strategic case development from the outset.
A Buffalo Office Backed by National Resources
Our Buffalo office, located near the Erie County Courthouse and the U.S. District Court for the Western District of New York, is part of a broader network that includes offices in Philadelphia, Boston, New Jersey, Costa Mesa, Los Angeles, Las Vegas, New York City, Newark, and Pittsburgh. This reach enables us to serve clients with the support and resources of a multi-office litigation practice.
Purpose-Driven Representation
We launched this firm with a commitment to fighting for people in their most significant legal matters. Pregnancy discrimination affects your livelihood, your health, and your growing family, and we approach every case with that gravity.
Call (716) 819-8189 or (855) 255-5515 for a free consultation with a trial-ready pregnancy discrimination attorney in Buffalo.
What Laws Protect Pregnant Workers in Buffalo?
Multiple federal and state laws prohibit employers from discriminating against employees because of pregnancy, childbirth, or related medical conditions. Each law covers different employers and provides different remedies, and they often work in combination to build the strongest possible claim.
Federal Pregnancy Protections
Federal law provides a baseline of protection for pregnant workers in the Buffalo area:
- The Pregnancy Discrimination Act (PDA) amends Title VII of the Civil Rights Act to prohibit discrimination based on pregnancy, childbirth, or related conditions at employers with 15 or more employees.
- The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions, unless the accommodation would impose an undue hardship.
- The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for the birth of a child and bonding, as well as for pregnancy-related medical conditions.
These federal statutes apply to many mid-size and large employers across Erie County and Western New York, but they do not cover every workplace.
New York State Protections
New York provides additional layers of protection that often reach further than federal law:
- The New York State Human Rights Law (NYSHRL) prohibits pregnancy discrimination by employers with four or more employees and requires reasonable accommodations for pregnancy-related conditions.
- The New York Paid Family Leave (PFL) program provides eligible workers with paid, job-protected time off to bond with a new child, covering most private-sector employees regardless of employer size.
- New York's paid prenatal leave law requires all private employers to provide 20 hours of paid leave specifically for prenatal healthcare appointments, available only to the pregnant employee.
Together, these federal and state protections create a comprehensive framework for pregnant workers in Buffalo. The challenge is knowing which laws apply to your situation and how to use them effectively, which is where a pregnancy discrimination attorney provides the most value.
What Does Pregnancy Discrimination Look Like in the Workplace?
Pregnancy discrimination does not always involve an outright firing. It often surfaces through subtler patterns of adverse treatment that intensify as a pregnancy progresses or as an employee requests accommodations or leave.
Termination or Forced Resignation
Some employers terminate pregnant employees or make working conditions so difficult that resignation becomes the only realistic option. If your employer fired you, reduced your hours to the point of constructive discharge, or pressured you to resign after learning of your pregnancy, that conduct may violate federal or state law.
Denial of Reasonable Accommodations
Under the PWFA and the NYSHRL, employers must engage in a good-faith process to provide reasonable accommodations for pregnancy-related limitations. Common accommodations include modified duties, additional breaks, temporary reassignment, flexible arrival times, and access to seating. Refusing to discuss accommodations or denying requests without a legitimate business reason may constitute unlawful discrimination.
Adverse Employment Actions After Announcing Pregnancy
Many pregnancy discrimination claims involve a pattern of negative treatment that begins shortly after an employee discloses a pregnancy. Warning signs that may indicate discriminatory intent include:
- Sudden negative performance reviews after a history of positive evaluations
- Removal from projects, client accounts, or leadership responsibilities
- Being excluded from meetings or advancement opportunities
- Reassignment to less desirable duties or a different location
- Comments or questions from supervisors about your ability to handle your workload while pregnant
The timing between your pregnancy disclosure and these adverse actions often plays a significant role in establishing a discrimination claim.
Retaliation for Requesting Leave or Accommodations
Employers are prohibited from retaliating against you for exercising your rights under the PDA, PWFA, FMLA, or NYSHRL. If you requested pregnancy-related accommodations or parental leave and then faced demotion, discipline, or termination, you may have both a discrimination claim and a separate retaliation claim.
How Do You File a Pregnancy Discrimination Claim in Buffalo?
Filing a pregnancy discrimination claim involves multiple potential paths, each with its own deadline and procedural requirements. Choosing the right path affects the remedies available to you and the timeline of your case.
Filing Options for Pregnancy Discrimination in Western New York
New York State Division of Human Rights (DHR). The DHR investigates complaints under the NYSHRL. You must file within one year of the most recent discriminatory act. The DHR conducts investigations, offers mediation, and may hold administrative hearings. Filing with the DHR waives your right to pursue the same state-law claims in court.
New York State court. You may bypass the DHR and file a pregnancy discrimination lawsuit directly in Erie County Supreme Court. This path gives you three years from the discriminatory act and provides access to a jury trial and a broader range of remedies, including punitive damages.
U.S. Equal Employment Opportunity Commission (EEOC). The EEOC handles federal claims under the PDA, PWFA, and Title VII. You generally have 300 days to file a charge. The EEOC and DHR have a work-sharing agreement that allows cross-filing to preserve claims under both federal and state law.
These deadlines run concurrently, and missing any one of them may permanently bar that particular claim. A pregnancy discrimination lawyer in Buffalo helps you map out the filing approach that protects every available legal avenue.
What Damages May Be Available in a Buffalo Pregnancy Discrimination Case?
If your employer violated pregnancy discrimination laws, you may be entitled to several forms of recovery depending on which statutes apply and the specific circumstances of your case.
Employees who prevail in pregnancy discrimination claims may recover:
- Back pay covering lost wages, salary, and benefits from the date of the adverse action through the resolution of the case
- Front pay for future lost income when returning to the same employer is not feasible
- Compensatory damages for emotional harm, stress, and the personal toll of being discriminated against during pregnancy, with no cap under the NYSHRL
- Punitive damages for especially egregious or deliberate employer conduct, available in court but not through the DHR
- Attorney's fees and costs, which reduce the financial barrier to pursuing a claim
The total value of any case depends on the severity of the conduct, the economic impact on your career, and the quality of the evidence supporting your claim. A pregnancy discrimination attorney evaluates these factors to identify the strongest path forward.
Ask Greenberg Gross
Can my employer fire me because I am pregnant?
No. Firing an employee because of pregnancy violates the Pregnancy Discrimination Act, the NYSHRL, and potentially other federal and state statutes. If your employer terminated you during pregnancy or shortly after you disclosed your pregnancy, and the stated reason does not hold up under scrutiny, you may have a viable claim. An attorney examines the timing, the employer's explanation, and the surrounding circumstances to assess your case.
What if my employer says I was let go for performance, not pregnancy?
Employers commonly offer performance-related justifications even when pregnancy motivated the decision. An attorney investigates whether the stated reason is consistent with your actual performance record, whether similarly situated non-pregnant employees received different treatment, and whether the timing of the termination raises an inference of discriminatory intent.
Do I have to be a full-time employee to be protected from pregnancy discrimination?
Not necessarily. The PDA and the NYSHRL apply based on the nature of the employment relationship, not solely on full-time or part-time status. If you work for a covered employer, you have the same protections against pregnancy discrimination regardless of how many hours you work each week. Eligibility for leave under the FMLA does have specific hourly thresholds, but your right to be free from discrimination does not.
Does pregnancy discrimination law cover fertility treatments and IVF?
Yes. Federal courts and New York State law recognize that discrimination based on fertility treatments, IVF, and other reproductive health decisions may constitute pregnancy-related discrimination. If your employer took adverse action against you because of time spent on fertility treatments or complications arising from those treatments, you may have a claim under the PDA or the NYSHRL.
FAQs for Buffalo Pregnancy Discrimination Lawyers
How long do I have to file a pregnancy discrimination claim in Buffalo?
You have three years to file a lawsuit in New York State court under the NYSHRL, one year to file with the New York State Division of Human Rights, and 300 days to file a federal charge with the EEOC. These timelines run simultaneously, so contacting an attorney promptly protects your ability to pursue every available legal path.
What types of evidence support a pregnancy discrimination claim?
Effective pregnancy discrimination cases often rely on emails, text messages, performance records, medical documentation, and testimony from coworkers who witnessed discriminatory conduct or comments. A timeline showing positive performance reviews before your pregnancy and sudden negative treatment afterward may also support your claim. Your attorney helps you gather and organize this evidence early.
How much does a pregnancy discrimination lawyer in Buffalo cost?
Most pregnancy discrimination attorneys, including Greenberg Gross LLP, handle these cases on a contingency fee basis. You pay nothing upfront, and your attorney's fees come from the recovery in your case. If there is no recovery, you typically do not owe attorney's fees, though your fee agreement may address responsibility for certain litigation costs.
Can I file a pregnancy discrimination claim if I still work for the same employer?
Yes. You do not need to resign or wait for termination before pursuing a claim. Federal and New York law protect you from retaliation for reporting pregnancy discrimination, requesting accommodations, or filing a complaint while still employed. Remaining in your position often strengthens your claim and preserves your income.
What accommodations must my employer provide during pregnancy?
Under the PWFA and the NYSHRL, employers must provide reasonable accommodations for known pregnancy-related limitations unless doing so would cause an undue hardship. Common accommodations include additional restroom breaks, modified lifting requirements, temporary reassignment to lighter duties, flexible start times, and access to seating. Your employer must engage in a good-faith interactive process to identify an appropriate accommodation.
Reach Out to Buffalo Pregnancy Discrimination Lawyers at Greenberg Gross LLP
Pregnancy is a time for focusing on your health and your family, not for worrying about whether your employer will punish you for starting or growing one. When an employer crosses the line, the law provides real protections and real remedies, but only if you act before filing deadlines expire.
Greenberg Gross LLP's trial attorneys advocate for pregnant workers across Western New York from our office at 1 Seneca Street in downtown Buffalo. We bring the full strength of a nationally recognized litigation firm to every pregnancy discrimination case.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation with a Greenberg Gross employment attorney. You and your growing family are worth fighting for.