New York City already prohibited discrimination based on pregnancy. Certain pregnancy related medical conditions were previously entitled to protection under the city law. Now, however, the law has been broadened.
Employers are now required to reasonably accommodate pregnant employees so long as it does not impose an undue hardship. The burden of proving undue hardship belongs to the employers. The courts will be looking at the nature and cost of the accommodation; the overall financial resources of the facility; the overall financial condition of the employer; and the type of work conducted by the employer. An examination of the totality of the factors in running the business will be made to determine whether the requested accommodation is an undue hardship.
Notice of the new law must be given to employees. Public posting of the notice is not mandated, but encouraged. The New York City Commission on Human Rights is also tasked with creating training programs for employers and the public on the right to accommodation.
