Can I Be Denied a Job Because I’m Pregnant?

Pregnant women sometimes face unfair treatment with employment or work, such as qualified applicants being denied a position or current employees being discriminated against because of pregnancy. Both federal and New Jersey laws protect against such discrimination, ensuring that employers cannot ask about pregnancy during interviews, nor can they fire or reassign employees based on pregnancy or childbirth.

Can I Be Denied a Job Because I’m Pregnant?

No, you cannot be denied a job solely because you are pregnant. Discrimination based on pregnancy is illegal under the federal Pregnancy Discrimination Act. This federal law prohibits employers from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy the same way they would treat any other temporary disability. NJ state laws also provide further protections for pregnant employees.

Rights and Protections for Pregnant Employees

Employees are protected from discrimination and provided with certain rights during pregnancy and maternity through various laws:

Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Family and Medical Leave Act (FMLA): Entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, including the birth of a child and care for the newborn within one year of birth.

Americans with Disabilities Act (ADA): Protects employees who experience pregnancy-related disabilities, requiring employers to provide reasonable accommodations.

Understanding your rights can help ensure you are protected and supported during your pregnancy and return to work. If you experience any form of discrimination or believe your rights have been violated, consult with a NJ discrimination attorney.

Understanding New Jersey’s Pregnant Worker’s Fairness Act in the Law Against Discrimination

New Jersey’s Pregnant Worker’s Fairness Act, under the NJLAD, provides strong protections for pregnant employees. It bans discrimination and harassment related to pregnancy, childbirth, or related medical conditions and requires that employers provide reasonable accommodations, such as bathroom breaks, help with manual labor, and temporary transfers. Employers are prevented from retaliating against employees who request accommodations or file complaints.

Subtle Signs of Pregnancy Discrimination at Work

Discrimination can be obvious and overt, but there can be subtle signs of pregnancy discrimination that are trickier to spot, such as negative comments about your pregnancy, maternity leave, or your ability to do your job. Be aware of any sudden changes to your job duties without a good reason, exclusion from meetings or training, and being denied promotions and pay raises you’ve earned.

What Federal and State Laws Protect You During and After Your Pregnancy?

Federal and state laws protect you during and after pregnancy. The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act to prohibit discrimination based on pregnancy, childbirth, and related conditions. The New Jersey Pregnant Worker’s Fairness Act also provides similar protections. Pregnant workers cannot be fired, denied a job or promotion, or forced to take leave solely because of pregnancy. They also have the right to job-protected maternity leave for childbirth and bonding with their child. You cannot be fired, demoted, or disciplined for taking this leave. Employers must also make reasonable accommodations for pregnancy-related conditions, such as adjusting duties or providing break times for breastfeeding.

Contact An Experienced Pregnancy Discrimination Lawyer Today

Pregnancy discrimination is a serious, widespread problem. It is also illegal under several laws, and our discrimination attorneys are ready to take action.

With offices in NJ, NY, and PA, McOmber McOmber & Luber, P.C. has experience in representing a wide range of employees who have been subjected to harassment and retaliation on the basis of pregnancy. If you have been the target of discrimination because of your pregnancy or related medical conditions, your employer may be responsible for compensating you for economic damages and your pain and suffering. A pregnancy discrimination lawyer can get you the justice you deserve.

Contact us today for a free consultation.