Under the New Jersey Law Against Discrimination (NJLAD), the Pregnant Workers Fairness Act (PWFA) and the PUMP Act, employers have a strict legal responsibility to prevent pregnancy discrimination and provide reasonable accommodations. But what exactly qualifies as a “reasonable accommodation” in today’s legal landscape?
With pregnancy discrimination remaining an unfortunate reality for many, it is critical to understand your rights. If your employer refuses to accommodate your needs, you have strong legal protections.
What Are Reasonable Accommodations for Pregnant Employees and Workers?
A reasonable accommodation is any modification or adjustment to a job, work environment, or hiring process that allows an employee with known limitations related to pregnancy, childbirth, or related medical conditions to perform their duties.
Crucially, under the federal PWFA, you no longer have to prove a pregnancy-related “disability” to receive accommodations, nor do you have to point to other accommodated coworkers. Accommodation is now an explicit, standalone right. Furthermore, it is strictly illegal for an employer to retaliate or penalize you for requesting or using these accommodations.
What Are Some Examples of Reasonable Accommodations?
Because every pregnancy and postpartum journey is unique, accommodations vary.
Common examples include:
- Modifying job tasks, lifting restrictions, or providing light duty.
- Allowing flexible scheduling for prenatal or postpartum medical appointments.
- Providing extra, longer, or more frequent restroom and rest breaks.
- Providing specialized equipment, such as a chair or closer parking.
Pumping & Breastfeeding Accommodations
Under the federal PUMP Act and the NJLAD, employers must provide reasonable break times and a private, secure space (other than a restroom) shielded from view to pump breast milk for up to one year after childbirth.
How to Request Accommodations as a Pregnant Employee or Worker
To receive accommodations, you must first make your employer or HR department aware of your known limitations. Once notified, the law requires your employer to engage in a good-faith, collaborative discussion to find an effective solution.
Under the PWFA, an employer cannot force you to accept an accommodation without this discussion, nor can they force you to take paid or unpaid leave if another reasonable accommodation can keep you working safely.
What Counts as a “Reasonable” Accommodation?
“Reasonable” accommodations are requests that do not threaten the safety of other employees or inflict undue hardships. Requests that do not fulfill these requirements can be denied without legal consequence as long as the employer can adequately demonstrate why providing such requests would be “unreasonable.”
Additionally, be aware that management has the right to request additional documentation or a doctor’s note in regard to any pregnancy-related limitations and requests.
Contact An Experienced New Jersey Pregnancy Discrimination Lawyer if You Are Denied Reasonable Accommodations
If you have been denied reasonable accommodations, forced onto unwanted leave, or retaliated against for making a request, your rights have been violated.
Learn more in our Comprehensive Guide to Pregnancy Discrimination, or contact McOmber McOmber & Luber, P.C., today to discuss your case. We offer free consultations to clients throughout New Jersey from our convenient offices in Red Bank, Marlton, and Newark.
