Can My Employer Fire Me Because I’m Pregnant?

Your employer cannot fire you because you are pregnant. Your employer cannot discriminate against you due to your pregnancy. The New Jersey Law Against Discrimination (NJLAD) protects pregnant employees from discrimination due to their pregnancy or maternity leave.

In fact, under the NJLAD and other federal statutes including the US Pregnancy Discrimination Act (PDA), your employer has a responsibility to prevent pregnancy discrimination and provide pregnant employees with reasonable accommodation. Your employer cannot fire you on the basis of your pregnancy.

What is considered pregnancy discrimination?

• Firing a pregnant employee because of their pregnancy
• Treating pregnant employees differently
• Paying pregnant employees less
• Failing to promote pregnant employees
• Refusing pregnancy leave or time off
• Forcing a pregnant employee to resign

Under the NJLAD, “pregnancy” means pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth. It is unlawful for an employer to treat an employee that the employer knows, or should know, is affected by pregnancy in a manner less favorable than the treatment of other persons not affected by pregnancy but similar in their ability or inability to work.

In addition, an employer of an employee who is a woman affected by pregnancy must make available to the employee reasonable accommodation in the workplace, such as bathroom breaks, breaks for increased water intake, periodic rest, for needs related to the pregnancy when the employee, based on the advice of her physician, requests the accommodation, unless the employer can demonstrate that providing the accommodation would be an undue hardship of the business operations of the employer.  

Contact An Experienced NJ Pregnancy Discrimination Lawyer Today

There are laws in place at both a state and federal level to protect the rights of pregnant employees. If you have been the victim of pregnancy discrimination in the workplace, such as being fired, demoted, or harassed because of pregnancy, contact McOmber McOmber & Luber, P.C. today. With offices in Red Bank, NJ, Newark, NJ, and Marlton, NJ, we have experience helping clients throughout New Jersey fight against workplace discrimination.