• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us

New Bill Provides Further Protections for Pregnant Employees

August 13, 2019 by Red Bank Legal

 

A new bill has attracted bipartisan support in the United States House of Representatives. The bill addresses pregnancy discrimination in the workplace. The bill, introduced to the House on May 14, 2019, would help set the stage for new laws to provide further workplace protections to pregnant employees. Specifically, the bill provides further protections for women who become pregnant, give birth to a child, or suffer from pregnancy-related conditions.

Current Federal Law

The Pregnancy Discrimination Act (PDA) of 1978 is the current law prohibiting pregnancy discrimination. The PDA does protect pregnant women by preventing and prohibiting discrimination based on pregnancy, childbirth, or pregnancy-related medical conditions. However, the PDA does not include requirements for employers to provide reasonable accommodations to pregnant employees. In a way, the PDA leaves room for discrimination and the opportunity for employers to justify their actions.

NEW: Pregnant Workers Fairness Act (PWFA)

On the other hand, the Pregnant Workers Fairness Act (PWFA), H.R. 2694 would work even harder at eliminating discrimination against pregnant women in the workplace. The PWFA would require that employers provide reasonable workplace accommodations to women whose pregnancy-status limits their ability to perform the functions of their jobs. As a primary goal, the bill aims to eliminate discriminatory behavior towards pregnant women. Unlike the PDA, the PWFA no longer leaves room for employers to justify discriminatory behaviors. In fact, the PWFA would require that employers engage in an interactive process to find reasonable accommodations so pregnant employees can continue their work.

If enacted, the PWFA would help protect pregnant women in the workplace and make it unlawful for an entity to:

  • not make reasonable accommodations for pregnant women, unless the entity demonstrates that the accommodation would impose undue hardship
  • require job applicants or employees affected by pregnancy to accept accommodations that the individual chooses not to accept, so long as the accommodations suggested are unnecessary
  • deny employment opportunities to an applicant based on the need to make reasonable accommodations for the pregnancy
  • require an employee to take pregnancy-leave, if another reasonable accommodation can be provided
  • retaliate against an employee in response to that employee requesting or using a reasonable accommodation for pregnancy

New Jersey Law Against Discrimination

On the state level, New Jersey has laws to protect pregnant women in the workplace. Specifically, the New Jersey Law Against Discrimination (NJLAD) includes pregnant women as a class of persons protected against discrimination. This law not only prohibits employers from firing employees based on their pregnancy status, but also further requires that employers engage in an interactive process to determine if they can provide reasonable accommodations to pregnant employees.

The Pregnancy Workers Fairness Act has not been enacted into law yet. However, the bill has garnered more support over the years. This bill would help protect pregnant employees in the workplace on a federal level and prevent further discrimination. This is a step in the right direction to ensure pregnant women receive the treatment they deserve.

Pregnancy Discrimination Attorneys at McOmber McOmber & Luber, P.C. Advocate on Behalf of Victims of Pregnancy Discrimination

If you have experienced pregnancy discrimination at your workplace, you are not alone. At McOmber McOmber & Luber, P.C., we are dedicated to fighting against any form of discrimination in the workplace. The Pregnancy discrimination lawyers at McOmber McOmber & Luber, P.C. can help you. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent clients throughout New Jersey.

Filed Under: Pregnancy Discrimination, Legal Updates

Primary Sidebar

Related Practice Areas

  • Pregnancy Discrimination Lawyer | Blog | McOmber McOmber & Luber
    Pregnancy Discrimination Lawyer

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation