Can my employer deny me accommodations at work due to a pregnancy related medical condition?

No, an employer cannot deny you accommodations at work due to pregnancy or related medical conditions. Under the New Jersey Law Against Discrimination (NJLAD) and other federal statutes, including the US Pregnancy Discrimination Act (PDA), 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.

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 medical 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. 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.