Unfortunately, pregnancy discrimination is one of the most common forms of employment discrimination. This discrimination can occur in a variety of ways, including harassment, failure to accommodate, refusal to hire, or retaliation.
When Should I Tell My Employer I’m Pregnant?
You should tell your employer you are pregnant as soon as you are comfortable doing so. Your pregnancy should be an exciting and special time for you and your family. Your employer cannot discriminate against you for your pregnancy or your maternity leave.
Can I Face Discrimination for Being Pregnant?
Pregnancy discrimination is prohibited in every aspect of employment. For example, an employer may not:
- Refuse to consider an applicant because she is pregnant.
- Fire an employee because she is pregnant.
- Require an employee to take leave at a certain point in her pregnancy, despite being able to work and wanting to continue doing so.
- Denying an employee job opportunities, such as training or promotions, based on the mistaken belief that she will not return to work after having a baby.
Under the New Jersey Law Against Discrimination (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 accommodations. Pregnant women should be treated no differently than any other employee.
Further, under the Family Medical Leave Act (FMLA), any employee who has worked for at least 12 months for an employer with a certain number of employees may be eligible for 12 weeks of paid or unpaid leave to care for their new child, including foster and adopted children.
What if My Employer Retaliates After Telling Them About My Pregnancy?
It is completely illegal for a pregnant employee to face retaliation or discrimination for reporting your pregnancy to your employer or requesting reasonable accommodations. There are a variety of signs to look out for that suggest you’re experiencing illegal retaliation:
- Pay cuts
- Reduced Hours
- Wrongful termination
- Demotion
- Additional disciplinary actions
If you are experiencing any of the above due to your pregnancy, along with any form of discrimination and/or a hostile work environment, contact one of our attorneys immediately. We can discuss your case and help you understand your options to hold your employer accountable.
How an Experienced Red Bank Pregnancy Discrimination Lawyer Can Help
There are laws in place at both the state and federal levels 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, the attorneys at McOmber McOmber & Luber, P.C. can help. We have experience providing legal support and guidance to clients throughout New Jersey in the fight against all forms of workplace discrimination.
Contact McOmber McOmber & Luber, P.C., to Fight Back Against Pregnancy Discrimination
For over 40 years, we have fought for the rights of pregnancy discrimination victims across Monmouth County, New Jersey, and beyond, including Burlington, Camden, Essex, and Middlesex Counties. From our offices in Red Bank, Marlton, and Newark, NJ, we can help you understand your options and fight back for the justice that you deserve. Call today for a free legal consultation.
