Pregnancy discrimination is one of the most common forms of employment discrimination in New Jersey. Pregnancy discrimination can occur before, during, or after giving birth. It can also occur at any point in the employment process, whether during onboarding or several years into your career.
As discussed in our Comprehensive Guide to Pregnancy Discrimination, some of the ways that pregnancy discrimination can present itself include, but are not limited to, the following:
Failure to Hire if Pregnant or Planning to Become Pregnant
It is illegal for an employer to deny employment to a qualified candidate if she is pregnant or planning to become pregnant. Furthermore, it is illegal to even pursue this line of questioning with a candidate, as it goes against anti-discrimination laws.
Fired Because Pregnant
It is illegal for an employer to fire an employee because they are pregnant. It is also unlawful for an employer to fire you because they’re worried the baby might cause productivity issues.
Refusal to Provide Reasonable Accommodations
Reasonable accommodations are dictated by law, and if an employer actively fails to engage in the interactive process with an employee regarding the accommodations they are seeking, it could be considered pregnancy discrimination.
You Are Being Harassed Due to Pregnancy (or For Your Plans to Become Pregnant)
If an employer (or fellow employees) verbally or physically harasses you due to your pregnancy, plans to become pregnant, or even the birth of a child, they may be subject to liability.
No Area to Pump Breast Milk
Similar to the inability to provide reasonable accommodation, it may be considered pregnancy discrimination if an employer does not provide a private and safe area for a breastfeeding woman to provide breast milk for their nursing child.
Discrimination Upon Returning To Work
It is also illegal for an employer to discriminate against an employee by not returning them to their position or a similarly situated position after returning to work after giving birth to her child or taking maternity leave. A specific example of this would be demoting the employee when she returns to work.
You’ve Faced Retaliation
Any employer that takes adverse employment action against an employee for reporting pregnancy discrimination (or any other type of discrimination) may subject themselves to liability for retaliation. Our skilled workplace retaliation attorneys can help you if you’ve faced this type of conduct.
An Experienced NJ Pregnancy Discrimination Attorney Can Help You
Pregnancy discrimination is serious, and our discrimination attorneys are ready to take action.
With offices in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA McOmber McOmber & Luber, P.C. has experience in representing employees who have been subjected to harassment and retaliation on the basis of pregnancy. If you believe you have been the target of discrimination because of your pregnancy or related medical conditions, contact our lawyers who can help you get the compensation you deserve.
Contact us today for a free consultation