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

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.