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What is Considered Pregnancy Discrimination?
Pregnancy discrimination is prohibited in every aspect of employment. For example, an employer may not:
- Refuse to consider an applicant because she is pregnant
- Fire an employee because she is pregnant
- Require an employee to take leave at a certain point in her pregnancy, if she is able to work and wants to continue doing so, or deny an employee job opportunities, such as training or promotions, based on the mistaken belief that she will not return to work after having a baby.
You should never have to fear losing your job because of a pregnancy. Your pregnancy should be a joyful time for you and your family. If you are discriminated against, you should also never experience retaliation from your employer for making claims of discrimination. If you have experienced pregnancy discrimination or retaliation in the workplace, please let us help you.
Free Consultation Now
The success of your pregnancy discrimination claim depends on many factors. At McOmber McOmber & Luber, P.C., we will investigate the matter and provide you with a clear assessment of your claim. We will explore all legal options at your disposal. Pregnancy discrimination is wrong and unlawful in New Jersey. We’ve collected millions of dollars on behalf of our clients. Contact us now for a free consultation.
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I worked with Tyler J. Burrell at McOmber McOmber & Luber, P.C. and I couldn’t have asked for a better experience. From the start, he made a real effort to understand the situation and walk me through everything clearly, without overcomplicating things. What stood out most was how knowledgeable an
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Frequently Asked Questions
- 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 MoreCan My Employer Fire Me Because I am Pregnant?Your employer cannot fire you because you are pregnant. That is discrimination. The New Jersey Law Against Discrimination (NJLAD) protects pregnant employees from discrimination due to their pregnancy or maternity leave. Learn more with our Comprehensive Guide to Pregnancy Discrimination.
Read MoreCan 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.
Read MoreAre 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.
Read MoreWhen 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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