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Pregnancy Discrimination Lawyer

Pregnancy Discrimination Lawyers in New Jersey

Pregnancy discrimination remains one of the most prevalent forms of workplace discrimination in New Jersey. It can manifest in various ways, such as harassment, refusal to hire, pay disparities, failure to accommodate medical appointments, denial of maternity leave, or retaliation for taking leave.

For over 50 years, the attorneys at McOmber McOmber & Luber, P.C., have successfully represented victims of pregnancy-related harassment and retaliation. If you’ve been targeted due to your pregnancy or related medical conditions, you may be entitled to compensation for economic damages and emotional suffering. Our firm can help you fight for the justice you deserve. With offices in Red Bank, Marlton, Newark, New York, and Philadelphia, our experienced New Jersey pregnancy discrimination lawyers are here to help. Call today.

What Rights Does a Pregnant Woman Have at Work?

Pregnant employees are protected under federal and state laws, including the New Jersey Law Against Discrimination (NJLAD) and the U.S. Pregnancy Discrimination Act (PDA). Employers are required to provide reasonable accommodations to pregnant employees and treat them the same as other employees. Under these laws:

  • Pregnant employees cannot be treated less favorably than others who are similar in their ability or inability to work.
  • Employers must make reasonable accommodations, such as allowing breaks, restructuring duties, or providing modified schedules.
  • These accommodations should not come with punitive consequences, and employers cannot retaliate against employees for requesting them.

What is Considered Pregnancy Discrimination?

Pregnancy discrimination can encompass a wide range of mistreatment, including but not limited to:

  • Harassment or Verbal Abuse: Hostile work environments where pregnant employees face verbal or physical abuse.
  • Wrongful Termination or Failure to Hire: Refusing to hire a woman due to her pregnancy or laying her off after becoming pregnant
  • Failure to Promote: Employers may deny a promotion to a pregnant employee.
  • Denying Maternity Leave: Violations of the Family Medical Leave Act, NJLAD, or PDA by denying maternity or parental leave.
  • Pay Discrepancies: Pregnant employees receive less pay than their peers.
  • Failure to Provide Reasonable Accommodations: Denying a pregnant employee her legal right to reasonable accommodations.

For more detailed information, refer to our Comprehensive Guide to Pregnancy Discrimination. Pregnancy discrimination can also overlap with several other forms of discrimination, such as:

How Common is Pregnancy Discrimination?

Despite the state and federal legal protections afforded to pregnant employees, pregnancy discrimination is unfortunately still a widely prevalent issue in the United States. Between 2010 and 2015, nearly 31,000 charges were filed with the EEOC (Equal Employment Opportunity Commission). The most common reason cited for these charges, making up nearly one third of the total, was termination due to pregnancy. In 2019, $22.4 million was paid out in pregnancy discrimination charges filed with the EEOC.

Pregnancy discrimination is especially common in certain fields, including:

Pregnancy discrimination is illegal, no matter the industry. If you’ve been a victim of discrimination due to pregnancy, call our office to explore your options.

How to Sue for Pregnancy Discrimination

If you believe you are experiencing pregnancy discrimination, consider taking the following steps:

  • Document Incidents: Keep a record of discriminatory incidents, including dates, locations, people involved, and any witnesses. Save emails, memos, or other written proof of discriminatory behavior.
  • Report to Human Resources: File a formal complaint with your company’s HR department.
  • Consult a Lawyer: an attorney can guide you in filing a complaint with the EEOC.

Contact an Experienced NJ Pregnancy Discrimination Lawyer Today 

Pregnancy discrimination is not only unfair but illegal. At McOmber McOmber & Luber, P.C., we are dedicated to defending the rights of pregnant employees throughout New Jersey, New York, and Pennsylvania. Our team can help you seek justice and recover compensation for both economic damages and emotional distress.

Contact us today for a free consultation with a pregnancy discrimination lawyer who can help you protect your rights.

Pregnancy Discrimination Lawyer FAQs

  • What does the Pregnancy Discrimination Act protect?

    Congress added the Pregnancy Discrimination Act (PDA) to Title VII to ensure that employers did not discriminate against pregnant employees. The PDA requires employers to offer leave or benefits to pregnant workers if those benefits are offered to other employees who experience physical or mental disabilities. While this does not guarantee a pregnant worker an accommodation, it does ensure that pregnant workers cannot be treated differently.

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  • Is miscarriage a pregnancy condition under the Pregnancy Discrimination Act?

    Yes, the EEOC filed suits against employers who fired individuals because they took medical leave for pregnancy-related conditions. The guidance listed miscarriage as one of the examples of pregnancy-related conditions.

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  • Can I take leave for a miscarriage?

    Perhaps. This depends on whether your employer offers temporary leave for other physical or mental disabilities. If your employer provides other temporary leave, then your employer must offer leave for your miscarriage.

    To learn more, refer to our Comprehensive Guide for Pregnancy Discrimination or call our offices to set up a free consultation.

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  • What Maternity Benefits am I Entitled to?

    Federal and state laws provide new parents with maternity benefits and protections. Federal and state laws protect pregnant employees and newborn mothers in some of the following ways:

    • Maternity leave
    • Job security
    • Protect employees from pregnancy discrimination and maternity leave discrimination
    • Family leave insurance

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  • Is There a right to Accommodation Based on Pregnancy During the Pandemic?

    Yes. Pregnancy-related medical conditions may be considered disabilities under the ADA, although pregnancy itself is not an ADA disability. If an employee makes a request for reasonable accommodation due to a pregnancy-related condition, the employer is obliged to consider the request under ADA rules. Additionally, as amended by the Pregnancy Discrimination Act, Title VII specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the equal to others who are similar in ability or inability to work. A pregnant employee may be entitled to job modifications, such as telework, modified work schedules or assignments, and leave (to the extent provided to similarly situated employees).

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  • When Do I Have to Go Back to Work Following My Pregnancy?

    Federal and state laws provide pregnant women and new parents with maternity benefits and protections. The federal Family and Medical Leave Act (FMLA), provides eligible employees of covered employers unpaid, job-protected leave for up to 12 weeks.

    Additionally, under the state New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child.

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  • How Much Maternity Leave Am I Entitled to?

    Federal law entitles you to 12 weeks of maternity leave. The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. Under the New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child. Employees with newborn children may combine the 12 weeks of leave under the FMLA and the 12 weeks of leave under the NJFLA for a total of 24 weeks of leave to care for their newborn.

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  • Is Pregnancy Discrimination Illegal?

    Yes. Congress passed the Pregnancy Discrimination Act (PDA) in 1978. This act protects pregnant employees from discrimination in the workplace. Under this law, discrimination on the basis of pregnancy or childbirth constitutes unlawful sex discrimination. Therefore, employers may not discriminate against employees on the basis of pregnancy or pregnancy-related conditions.

    Pregnancy discrimination includes:

    • Firing a pregnant employee or not hiring a pregnant applicant;
    • Harassing a pregnant employee;
    • Not providing reasonable accommodations;
    • Forcing an employee to take time off due to their pregnancy;
    • Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
    • Rejecting pregnancy-related Medical Leave; and
    • Retaliating against an employee who claims pregnancy discrimination
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  • What is Considered Pregnancy Discrimination?

    Some of the actions that are considered pregnancy discrimination include:

    • Firing a pregnant employee or not hiring a pregnant applicant;
    • Harassing a pregnant employee;
    • Not providing reasonable accommodations;
    • Forcing an employee to take time off due to their pregnancy;
    • Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
    • Rejecting pregnancy-related Medical Leave; and
    • Retaliating against an employee who claims pregnancy discrimination

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  • Should I Be Able to Breastfeed at Work?

    A new amendment to the New Jersey Law Against Discrimination (LAD) signed by Governor Chris Christie before he left office mandates that employers provide breaks and a place for women to breastfeed or express their milk during the work day. Breastfeeding is now a protected activity, making New Jersey the 18th state to give civil rights to breastfeeding mothers. The law covers all employers except those who can prove that accommodating a breastfeeding employee would create “an undue hardship on business operations.”

    The new requirements for employers say that women must be allowed breaks during the work day to breastfeed or pump milk and there must be a private space for them to do so. This space must be near the work area and cannot be a toilet stall. The breastfeeding breaks do not have to be paid unless the employee had previously been paid during breaks.

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