In New Jersey, the NJLAD protects traditional employees, independent contractors, and freelancers from discrimination, including pregnancy discrimination. However, the relationship’s specifics and the work arrangement’s nature can influence how these protections are applied.
Under the Pregnancy Workers Fairness Act, you’ll see the term “covered employers.” A covered employer is one that is required to meet the new anti-discrimination laws codified by the PWFA. This is a broad category that includes:
- Any employer in the private or public sector with 15 or more employees
- Federal agencies
- Labor organizations
Unfortunately, employees who work for businesses with under 15 employees cannot cite PFWA violations if they believe they have faced discrimination related to their pregnancy. However, that doesn’t mean that small business employees shouldn’t consult a lawyer about potential workplace discrimination to determine whether they have a case because you may have rights under a different law.