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McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
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What is Considered Pregnancy Discrimination?

Pregnancy discrimination includes:

  • Firing a pregnant employee or not hiring a pregnant applicant

An employer cannot discriminate against or fire a pregnant employee because of her pregnancy status. An employer cannot refuse to hire an employee solely because she is pregnant.

  • Harassing a pregnant employee

Harassment of a pregnant employee might include comments, actions, or behaviors in the office. Any severe and pervasive behaviors about an employee’s pregnancy that create a hostile work environment for the pregnant employee may constitute harassment. Pregnant employees should feel safe and protected in the workplace.

  • Not providing reasonable accommodations

A pregnant employee must receive reasonable accommodations for her pregnancy during her employment. Pregnant employees shall receive the same level of accommodations awarded to their coworkers with medical impairments.

  • Forcing an employee to take time off

An employer cannot force an employee to take time off because the employee is pregnant. This is discriminatory behavior and unacceptable in the workplace.

  • Changing an employee’s role/responsibilities because of pregnancy status

The pregnant employee and the employee’s doctor are best suited to decide the capabilities of the pregnant employee. Therefore, an employer should not change an employee’s role or responsibilities solely based on her pregnancy status.

  • Rejecting pregnancy-related Medical Leave

The State of New Jersey and federal law set out guidelines for pregnancy-related medical leave. Employers cannot disregard these statutes.

  • Retaliating against an employee who claims pregnancy discrimination

If an employee claims or reports pregnancy discrimination, an employer cannot retaliate against the pregnant employee.

This list of examples is by no means exhaustive. Pregnancy discrimination can take many forms.

Related FAQs

  • 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.

    Read More
  • 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. This includes women with high-risk pregnancies. Following the advice of a physician, such accommodations might include more frequent breaks, modified work schedules, or temporary reassignments.

    According to guidance issued by the Equal Employment Opportunity Commission (EEOC) regarding the terms of pregnancy discrimination law under the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA), employers are required to provide reasonable accommodations for pregnant employees just as they would with employees who are disabled.

    For a pregnant individual to receive any accommodations, they must first make their employers (or HR department) aware of their pregnancy. Once your employer is informed of the situation, you may submit your request(s) for reasonable accommodations.

    Learn more in our Comprehensive Guide to Pregnancy Discrimination. 

    Read More
  • What Training and Awareness Programs Can Reduce Pregnancy Discrimination?

    Training and awareness programs that can reduce pregnancy discrimination include ones that educate 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. This can be combined with awareness campaigns showcasing positive stories of employees during and post-pregnancy.

    As discussed in our Comprehensive Guide to Pregnancy Discrimination, this insidious form of workplace discrimination can include a wide range of behaviors or mistreatment, including:

    • Treating pregnant employees differently.
    • Paying pregnant employees less.
    • Violation of the Family Medical Leave Act (FMLA)
    • Refusing to hire a pregnant woman or women likely to become pregnant.
    • Subjecting pregnant employees to increased scrutiny, criticism, and harassment.
    • Verbal or physical abuse of pregnant employees.
    • Refusing pregnancy leave or time off.
    • Terminating or laying off a pregnant employee

    Pregnancy discrimination is one of the most common forms of employment discrimination in New Jersey. Pregnancy discrimination can occur in a variety of ways, including harassment, failure to accommodate medical appointments, pay disparity, refusal to hire, refusal to provide maternity leave, or retaliation for taking leave or becoming pregnant.

     

    Read More
  • 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.

    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 
    • Congress 
    • 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. 

     

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

    Supporting colleagues can involve being an active ally by 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.

    Read More
  • 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.

    Read More
  • 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. 

    Read More
  • Can My Employer Force Me to Take Pregnancy Leave?

    No, your employer cannot force you to take pregnancy leave. The Equal Employment Opportunity Commission (EEOC) requires employers to allow pregnant employees to work for as long as they are able to perform their jobs.

    Read More
  • 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.

    Read More
  • 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.

    Read More

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  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
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  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800
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