Tom Spiggle, founder of the Spiggle Law Firm, focuses on discrimination due to pregnancy and other family care issues. Here he provides a list of the five best cities to live in if you’re working and pregnant based on local regulations, which protect mothers and fathers against discrimination and unfair working conditions.
“Where you live can have substantial impact on your legal rights at work if you are pregnant. Certainly all states are covered by federal law, which includes the Pregnancy Discrimination Act, but even this law only covers employers that have 15 or more employees—and courts are split on what rights this act provides,” says Spiggle. “Courts have held that employers don’t have to make minor accommodations at work—like allowing women to carry a water bottle to stay hydrated—to allow pregnant women to keep working. Fortunately, a lot of states and cities are stepping up to fill the gap.”
Whether you’re pregnant or family planning mode, here are the top five cities Spiggle says are your best bets:
1. New York City, N.Y.
In 2013, New York City passed amendments to its Human Rights Law that require employers with four or more employees to provide reasonable accommodations to pregnant women to allow them to continue to work through their pregnancy. This protection is broader than both the federal Pregnancy Discrimination Act and the New York State Human Rights Law. But here’s the kicker that gets NYC first-place billing: it requires employers with five or more employees to provide up to 40 hours of paid sick leave to care for themselves or certain family members.
So, if you are pregnant and your doctor tells you to avoid lifting heavy objects, if you live in NYC, your employer will have to accommodate that restriction. If you’ve also got a toddler at home who comes down with the flu and can’t go to daycare, you can also get some paid leave to stay home for a few days. If you lived in a state like Virginia, your employer could fire you for refusing to come to work under those same circumstances.
2. San Francisco, Calif.
Pregnant women in California are protected from discrimination by the state’s Fair Employment and Housing Act. In addition, the act requires employers to provide reasonable accommodations to pregnant employees when supported by a health care provider. On top of that, a pregnant woman in San Francisco can get up to nine days of paid sick leave and cannot be discriminated against for taking leave.
With one of the oldest paid-sick-day laws in the nation (passed in 2006), San Francisco has demonstrated that providing for paid sick leave does not negatively affect the economy.
3. Newark, N.J.
In 2014, New Jersey amended its Law Against Discrimination to specifically provide protections for pregnant women who need an accommodation to continue to work. In passing this law, the New Jersey legislature found that pregnant women are at particular risk of suffering from discrimination. The law notes that the following constitute reasonable accommodations: bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. It gets even better if you live in Newark. This year the city passed a law stating that employees in a company with 10 or more employees can receive up to five days of paid sick leave. Employees at companies with fewer than 10 employees can receive up to three days of paid leave.
4. Honolulu, Hawaii
Hawaii provides broad workplace protections to pregnant women, including the right to workplace accommodations. It even protects part-time employees. Plus, you get to live in Hawaii.
5. Philadelphia, Penn.
As of 2014, a pregnant woman in Philadelphia is entitled to receive a reasonable accommodation at work to allow her to continue working. This applies to any employer that employs at least one employee who is not a relative.
“There are several other states and localities worth noting that have done this, or have legislation pending, to protect pregnant employees,” added Spiggle. “They include Maryland, Alaska, Connecticut, Texas, West Virginia, Louisiana and Illinois.”
Tom Spiggle is author of You’re Pregnant? You’re Fired: Protecting Mothers, Fathers, and Other Caregivers in the Workplace which hits shelves later this spring. Learn more at www.yourepregnantyourefired.com. Learn more about Spiggle Law Firm from at www.spigglelaw.com.
