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 accommodation. A pregnant woman has the right to work so long as she is able to perform the functions of her job.
Pregnant employees should be treated the same as all other employees. It is unlawful for an employer to treat a pregnant employee less favorably than any other employee with a limiting condition or circumstance. An employer of a pregnant employee must provide reasonable accommodations in the workplace to the employee when the pregnant employee requests accommodations based on a physician’s advice. These accommodations can include bathroom breaks, water breaks, assistance with manual labor, rest breaks, or even temporary transfers to less hazardous work.
The employer must provide accommodations if provided to other employees. The employer must provide these accommodations unless the employer can demonstrate that providing the accommodation would be an undue hardship to the business operations of the employer.
Further, the employer cannot penalize the pregnant employee for requesting accommodations.
Examples of Pregnancy Discrimination
- Treating pregnant employees differently
- Paying pregnant employees less
- Failing to promote pregnant employees
- Refusing pregnancy leave or time off
- Changing positions or responsibilities or demoting a pregnant employee based on the assumption that they cannot handle her usual tasks
- Terminating or laying off a pregnant employee, or an employee who has recently had a child.
- Forcing a pregnant employee to resign
- Failing to provide accommodation other employees would receive
Contact An Experienced 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 believe you have been the victim of pregnancy discrimination in the workplace, such as being fired, demoted, or harassed because of your pregnancy, the lawyers at McOmber McOmber & Luber, P.C. can help. To find out if we can assist you, please call our offices in Red Bank, New Jersey at 732-842-6500, in Marlton, New Jersey at 856-985-9800, or in Newark, New Jersey at 973-878-9040.