Pregnant people in New York City have certain rights and protections, regardless of immigration status. This guide outlines the different legal protections that protect pregnant New Yorkers and also includes information about free programs and benefits available to them.
What are my rights if I am pregnant?
Everyone in New York City has the right to be protected from unlawful discrimination. However, because pregnant people are vulnerable to specific kinds of discrimination and harassment, there are additional protections in place for them. The New York City Human Rights Law (NYCHRL) prohibits businesses, landlords, and employers from discriminating against or harassing pregnant people.
Some examples of unlawful discrimination include but are not limited to:
- A landlord refuses to accept a housing application from a pregnant person.
- An employer refuses to hire someone who is visibly pregnant because they assume the person will be distracted by the pregnancy.
- A bouncer at a club refuses entry to a pregnant person.
Additionally, the law requires employers to provide reasonable accommodations to their employees, including lactation accommodations.
Examples of accommodations include but are not limited to:
- Modifying uniforms to accommodate the needs of a pregnant person.
- Adjusting or temporary eliminating certain work tasks, such as lifting heavy items, while the person is pregnant.
- Providing pregnant employees with flexible working hours and deadlines in case they are feeling nauseous or otherwise unwell.
If you or someone you know has been unlawfully discriminated against by an employer, landlord, or business on the basis of being pregnant, you can contact the NYC Commission on Human Rights to make a complaint by calling 311 or (212) 416-0197.
What are my healthcare rights?
The New York City Human Rights Law also helps ensure that pregnant people receive adequate healthcare and services before, during, and after pregnancy. The city’s Department of Health & Mental Hygiene, in collaboration with the Birth Justice Defenders and Sexual and Reproductive Justice Community Engagement Group, created The New York City Standards for Respectful Care at Birth along with this companion guide to help people understand how to exercise their rights under the Human Rights Law.
Under the city’s Standards for Respectful Care at Birth, pregnant people are entitled to the following:
- Accessible and simple information in your language about your health care and birthing options, including the right to know and make your own decisions about all of your medical procedures (including opting out or refusing certain procedures).
- Support, including physical, emotional, and social support before, during and after pregnancy.
- Respect and fair treatment before, during, and after pregnancy.
Your right to accessible and simple information is also called informed consent. Examples of how medical providers give informed consent are:
- Providing clear and simple explanations of procedures, tests and treatments.
- Providing treatment and information that is accurate and in a language you understand.
- Providing interpretation services,
- Giving people a chance to ask questions, clarification, and more information before making a decision.
If you suspect that these rights are violated, the New York CIty Bar Association has a legal referral service that may be able to help you find an attorney by calling 212-626-7373.
Free programs & services available to low-income pregnant New Yorkers
In addition to being protected under the law, there are many state and city-wide programs that pregnant people can access.
Some New York State programs:
- Growing Up Healthy Hotline: 1-800-522-5006, helps connect people to services and is open 24/7.
- Women Infants Children (WIC): helps you buy healthy food and is for people who are pregnant or are 6 months post-partum or 12 months if breastfeeding.
- Family support programs
Some New York City programs:
- New Family Home Visits Initiative – offers services, support and referrals to certain low-income new and expectant parents.
- Citywide Doula Initiative (CDI) – part of the home visits initiative, this no-cost home doula support service offered to certain expecting and new parents.
- Newborn Home Visiting Program – free in-person and virtual home visits for eligible people and parenting families, regardless of age or immigration status. The program has social workers, nurses and lactation professionals to provide additional support to families as needed.
Also read: Free Diapers, Cribs, Car Seats and Baby Supplies Available for NYC Families in Need
