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Business & Employment Lawyers Red Bank & Marlton New Jersey

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How Does Health Insurance Coverage Play a Role in Pregnancy Discrimination? | Header Image | McOmber McOmber & Luber

How Does Health Insurance Coverage Play a Role in Pregnancy Discrimination?

Denying or limiting health insurance coverage for pregnancy-related conditions when other medical conditions are covered can be a form of discrimination. In New Jersey, if an employer provides health insurance, it must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

Related FAQs

  • Can I Be Denied Training or Promotion Opportunities Due to My Pregnancy?

    No, in New Jersey, under the NJLAD, it is illegal for employers to deny training or promotion opportunities based on an employee’s pregnancy status. Discriminatory actions based on pregnancy, childbirth, or related medical conditions are prohibited.

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • Are There Specific Protections for Women with High-Risk Pregnancies?

    Yes, there are specific protections for women with high-risk pregnancies. Under the NJLAD, employers are required to provide reasonable accommodations for pregnant employees if requested, with advice from a physician. This can include women with high-risk pregnancies. Such accommodations might include more frequent breaks, modified work schedules, or temporary reassignments.

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • What Training and Awareness Programs Can Reduce Pregnancy Discrimination?

    Training that educates employees and employers on the rights of pregnant workers, as well as programs that promote empathy and understanding about the challenges pregnant employees might face, can be effective. This can be combined with awareness campaigns showcasing positive stories of employees during and post-pregnancy.

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • Are There Unique Protections Against Pregnancy Discrimination for Freelancers?

    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.

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • How Can I Support Colleagues Facing Pregnancy Discrimination in the Workplace?

    You can support colleagues facing pregnancy discrimination by being an active ally, listening to their experiences, offering to be a witness if they choose to report the discrimination, and encouraging an inclusive workplace environment. Familiarizing yourself with the New Jersey Law Against Discrimination can also provide insights into the rights of pregnant workers in the state.

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • What Should I Know About Pregnancy Discrimination and Part-Time or Temporary Positions?

    Pregnancy discrimination in part-time or temporary positions is illegal; in New Jersey, part-time and temporary workers are protected from pregnancy discrimination under the NJLAD. Discrimination based on pregnancy is unlawful regardless of the permanency or hours of the position.

    Pregnancy discrimination is a serious problem, 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 compensation you deserve.

    Contact us today for a free consultation.

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  • What Does the PWFA Require?

    The Pregnancy Workers Fairness Act (PWFA) requires covered employers to grant reasonable accommodations. Additionally, under the PFWA, employers: 

    • Can’t require a protected employee to accept an accommodation without a conversation about it. 
    • Can’t bar a qualified applicant or employee based on their pregnancy-related limitations. 
    • Can’t require employees to take leave in lieu of accommodations. 
    • Can’t discriminate against employers for reporting or reacting to discrimination under the PWFA. 
    • Can’t interfere with an employee’s rights under the PWFA. 

    Pregnant employees may also have additional protections under Title VII, the ADA, the Family and Medical Leave Act, and the PUMP Act, or State law. If you believe you’ve faced discrimination due to your pregnancy or recent childbirth, talk to a lawyer. 

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • How Can You Ask for Accommodations?

    To receive accommodations under the PWFA, the affected employee will typically need to start a conversation with a superior or HR representative. You should always put your request in writing, clearly stating that you are making a request for accommodations under the Pregnancy Workers Fairness Act. State both the accommodation you are requesting and how it would allow you to perform your job to the best of your abilities. 

    Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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  • What is pregnancy discrimination?

    Pregnancy discrimination arises when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

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  • Can My Employer Request Doctor’s Note for Pregnancy Accommodations?

    Yes, your employer can request a doctor’s note for pregnancy-related accommodations if the request for accommodations falls under the Americans with Disabilities Act (“ADA“). However, the employer cannot single out pregnancy-related conditions for special procedures to determine the employee’s ability to work. Learn more using our Comprehensive Guide to Pregnancy Discrimination. 

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