If you’re pregnant and your job is putting your health at risk, you don’t have to stay quiet or push through the pain. New Jersey law protects your right to ask for help. Your employer cannot deny reasonable accommodations during pregnancy.
Accommodations for pregnancy or pregnancy-related conditions can refer to changes such as extra bathroom breaks, additional help, or opportunities to pump breast milk. These are not special favors but legal rights; continue reading to learn more about reasonable accommodations as a pregnant employee.
Can My Employer Deny Pregnancy Accommodations?
No, an employer cannot deny you accommodations at work due to pregnancy or related medical conditions. Under the New Jersey Law Against Discrimination and other federal statutes, including the US Pregnancy Discrimination Act, your employer cannot deny you pregnancy accommodations. A pregnant woman has the right to work so long as she is able to perform the functions of her job.
When Can an Employer Say No?
An employer may only deny accommodations if they can prove it would create an undue hardship. This means the request would need to be unreasonably costly, difficult, or disruptive to business operations. In most cases, pregnancy-related accommodations are simple, low-cost changes that employers are expected to make.
Rights of Pregnant Employees
Pregnant workers must be treated the same as any employee with a comparable limitation. If an employer offers flexibility or support to someone with a temporary injury or condition, that same standard must apply to pregnancy. It is illegal to deny support, reassign duties without consent, or pressure someone to take leave based on assumptions about their abilities.
Retaliation and Pregnancy Discrimination
Requesting accommodations cannot be used against you. Your employer cannot penalize, demote, or retaliate in any way simply because you asked for the support you’re entitled to. That includes cutting hours, shifting responsibilities, or creating a hostile environment.
If your employer has illegally denied your request for pregnancy-related accommodations, or you have faced negative consequences due to your pregnancy or request for help, you may be a victim of pregnancy discrimination.
Common examples of pregnancy discrimination include:
- 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 their 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 equal accommodations.
McOmber McOmber & Luber, P.C. represents employees across New Jersey who face discrimination or mistreatment due to pregnancy. Call our office for a free consultation with one of our attorneys today.
Contact An Experienced Pregnancy Discrimination Lawyer Today
There are laws in place at both the state and federal levels to protect the rights of pregnant employees. Your employer cannot deny pregnancy accommodations. If you have been the victim of pregnancy discrimination in the workplace, such as being fired, demoted, or harassed because of pregnancy, contact McOmber McOmber & Luber, P.C. today. With offices in Red Bank, NJ, and Marlton, NJ, we have experience helping clients fight against pregnancy discrimination.
