Pregnancy Discrimination Lawyers in New Jersey
Pregnancy discrimination remains one of the most prevalent forms of workplace discrimination in New Jersey. It can manifest in various ways, such as harassment, refusal to hire, pay disparities, failure to accommodate medical appointments, denial of maternity leave, or retaliation for taking leave.
For over 50 years, the attorneys at McOmber McOmber & Luber, P.C., have successfully represented victims of pregnancy-related harassment and retaliation. If you’ve been targeted due to your pregnancy or related medical conditions, you may be entitled to compensation for economic damages and emotional suffering. Our firm can help you fight for the justice you deserve. With offices in Red Bank, Marlton, Newark, New York, and Philadelphia, our experienced New Jersey pregnancy discrimination lawyers are here to help. Call today.
What Rights Does a Pregnant Woman Have at Work?
Pregnant employees are protected under federal and state laws, including the New Jersey Law Against Discrimination (NJLAD) and the U.S. Pregnancy Discrimination Act (PDA). Employers are required to provide reasonable accommodations to pregnant employees and treat them the same as other employees. Under these laws:
- Pregnant employees cannot be treated less favorably than others who are similar in their ability or inability to work.
- Employers must make reasonable accommodations, such as allowing breaks, restructuring duties, or providing modified schedules.
- These accommodations should not come with punitive consequences, and employers cannot retaliate against employees for requesting them.
What is Considered Pregnancy Discrimination?
Pregnancy discrimination can encompass a wide range of mistreatment, including but not limited to:
- Harassment or Verbal Abuse: Hostile work environments where pregnant employees face verbal or physical abuse.
- Wrongful Termination or Failure to Hire: Refusing to hire a woman due to her pregnancy or laying her off after becoming pregnant
- Failure to Promote: Employers may deny a promotion to a pregnant employee.
- Denying Maternity Leave: Violations of the Family Medical Leave Act, NJLAD, or PDA by denying maternity or parental leave.
- Pay Discrepancies: Pregnant employees receive less pay than their peers.
- Failure to Provide Reasonable Accommodations: Denying a pregnant employee her legal right to reasonable accommodations.
For more detailed information, refer to our Comprehensive Guide to Pregnancy Discrimination. Pregnancy discrimination can also overlap with several other forms of discrimination, such as:
- Gender Discrimination
- Whistleblowing & Retaliation for reporting Pregnancy Discrimination
- Workplace Harassment
- Discrimination for Breastfeeding/Pumping In The Workplace
- Family or Marital Status Discrimination
- Sexual Harassment
- Hostile Work Environment
How Common is Pregnancy Discrimination?
Despite the state and federal legal protections afforded to pregnant employees, pregnancy discrimination is unfortunately still a widely prevalent issue in the United States. Between 2010 and 2015, nearly 31,000 charges were filed with the EEOC (Equal Employment Opportunity Commission). The most common reason cited for these charges, making up nearly one third of the total, was termination due to pregnancy. In 2019, $22.4 million was paid out in pregnancy discrimination charges filed with the EEOC.
Pregnancy discrimination is especially common in certain fields, including:
- Medical Offices
- Housekeeping and Janitorial Services
- Administrative Roles
- Dental Offices
- Restaurants and Bars
Pregnancy discrimination is illegal, no matter the industry. If you’ve been a victim of discrimination due to pregnancy, call our office to explore your options.
How to Sue for Pregnancy Discrimination
If you believe you are experiencing pregnancy discrimination, consider taking the following steps:
- Document Incidents: Keep a record of discriminatory incidents, including dates, locations, people involved, and any witnesses. Save emails, memos, or other written proof of discriminatory behavior.
- Report to Human Resources: File a formal complaint with your company’s HR department.
- Consult a Lawyer: an attorney can guide you in filing a complaint with the EEOC.
Contact an Experienced NJ Pregnancy Discrimination Lawyer Today
Pregnancy discrimination is not only unfair but illegal. At McOmber McOmber & Luber, P.C., we are dedicated to defending the rights of pregnant employees throughout New Jersey, New York, and Pennsylvania. Our team can help you seek justice and recover compensation for both economic damages and emotional distress.
Contact us today for a free consultation with a pregnancy discrimination lawyer who can help you protect your rights.