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Pregnancy Discrimination Lawyer | Header Image | McOmber McOmber & Luber

Pregnancy Discrimination Lawyer

Fighting Pregnancy Discrimination in the Workplace in New Jersey

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. With offices in Red Bank, NJ and Marlton, NJ, McOmber McOmber & Luber, P.C. has experience in representing 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 to compensate you for economic damages and your pain and suffering. A pregnancy discrimination lawyer can get you the compensation you deserve.

What Rights Does a Pregnant Woman Have at Work?

Under the New Jersey Law Against Discrimination (NJLAD) and other federal statutes including the US Pregnancy Discrimination Act (PDA), your employer has a responsibility to prevent pregnancy discrimination and provide pregnant employees with reasonable accommodation. Pregnant women should be treated no differently than any other employee. Indeed, in 2014, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to make it unequivocal that a pregnancy accommodation that is intertwined with punishment, is not by definition, a reasonable accommodation but is an unlawful employment practice. N.J.S.A. 10:5-12(s).

According to the New Jersey Department of Civil Rights, a pregnant woman has the right to work as long as she is able to perform her job. When she is no longer able to work, employers are required to give them the same considerations for disability leave or leave without pay as they would a temporarily disabled employee, and hold the job open for the same length of time.

Under the Family Medical Leave Act (FMLA), any employee who has worked for at least 12 months for an employer with a certain number of employees may be eligible for 12 weeks of paid or unpaid leave to care for their new child, including foster and adopted children.

Occupations and workplaces where pregnancy discrimination is common include:

  • Doctors’ Offices And Healthcare Fields
  • Housekeeping And Janitorial Workers
  • Administrative Assistants
  • Dental Offices
  • Bars and Restaurants

What is Considered Pregnancy Discrimination?

Pregnancy discrimination in the workplace can include a wide range of behaviors or mistreatment, including:

  • Treating pregnant employees differently.
  • Paying pregnant employees less.
  • Failing to promote pregnant employees.
  • Violation of the Family Medical Leave Act (FMLA), New Jersey Law Against Discrimination (NJLAD) or US Pregnancy Discrimination Act (PDA).
  • Refusing to hire a pregnant woman or women likely to become pregnant.
  • Subjecting pregnant employees to increased scrutiny, criticism and harassment, or otherwise making the workplace uncomfortable.
  • Verbal or physical abuse of pregnant employees.
  • Refusing pregnancy leave or time off.
  • Changing positions or responsibilities or demoting a pregnant employee based on the assumption that they cannot handle her usual tasks.
  • Terminating or laying off a pregnant employee, or an employee who has recently had a child.
  • Forcing a pregnant employee to resign.

Under the New Jersey Law Against Discrimination (NJLAD), “pregnancy” means pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth. It is unlawful for an employer to treat an employee that the employer knows, or should know, is affected by pregnancy in a manner less favorable than the treatment of other persons not affected by pregnancy but similar in their ability or inability to work. In addition, an employer of an employee who is a woman affected by pregnancy must make available to the employee reasonable accommodation in the workplace, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work, for needs related to the pregnancy when the employee, based on the advice of her physician, requests the accommodation, unless the employer can demonstrate that providing the accommodation would be an undue hardship of the business operations of the employer. The employer must not in any way penalize the employee in terms, conditions or privileges of employment for requesting or using the accommodation.

How Common is Pregnancy Discrimination?

Despite the state and federal legal protections afforded to pregnant employees, pregnancy discrimination is unfortunately still a widely prevalant 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 all charges, was termination due to pregnancy. In 2019, $22.4 million was paid out in pregnancy discrimination charges filed with the EEOC.

How Do You Prove Pregnancy Discrimination?

In order to prove pregnancy discrimination, you must be able to show evidence that you were treated differently to another employee with similar circumstances, and that this treatment happened because of your pregnancy. This can include:

  • Direct Evidence such as your employer admitting that you were not hired, passed over for a promotion, terminated, or otherwise treated differently because you were pregnant.
  • Circumstantial Evidence showing that your employer acted differently than usual or bypassed standard protocols because you were pregnant, for example:
    • Your boss fires you for an infraction that did not occur, does not make sense, or only resulted in a warning for other employees.
    • You are fired right before planned pregnancy leave, or right after you announce your pregnancy.
    • Hiring someone other than you who has the same qualifications.
    • A history of other employees being treated differently when pregnant.

Pregnancy discrimination can also overlap with several other legal infractions, such as:

  • Gender Discrimination
  • Whistleblowing & Retaliation for reporting Pregnancy Discrimination
  • Discrimination for Breastfeeding/Pumping In The Workplace
  • Family or Marital Status Discrimination
  • Sexual Harassment

How Can I Sue for Pregnancy Discrimination?

In order to sue your employer for pregnancy discrimination, you must file a charge with the EEOC and receive a right to sue letter. Filing a charge involves providing information about yourself, your employer, and the circumstances surrounding the discrimination. You must file the charge within 180 days of the discriminatory act. Once you receive the right to sue letter, you will have 90 days to file a lawsuit.

If you believe your employer has discriminated against you based on pregnancy and want to file a charge with the EEOC, you should contact a pregnancy discrimination lawyer first to discuss your rights and options.

Pregnancy Discrimination Lawyer FAQs

  • 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
  • Can I take leave for a miscarriage?

    Perhaps. This depends on whether your employer offers temporary leave for other physical or mental disabilities. If your employer provides other temporary leave, then your employer must offer leave for your miscarriage.

  • What Maternity Benefits am I Entitled to?

    Federal and state laws provide new parents with maternity benefits and protections. Federal and state laws protect pregnant employees and newborn mothers in some of the following ways:

    • Maternity leave
    • Job security
    • Protect employees from pregnancy discrimination and maternity leave discrimination
    • Family leave insurance

    Read More
  • Is There a right to Accommodation Based on Pregnancy During the Pandemic?

    Yes. Pregnancy-related medical conditions may be considered disabilities under the ADA, although pregnancy itself is not an ADA disability. If an employee makes a request for reasonable accommodation due to a pregnancy-related condition, the employer is obliged to consider the request under ADA rules. Additionally, as amended by the Pregnancy Discrimination Act, Title VII specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the equal to others who are similar in ability or inability to work. A pregnant employee may be entitled to job modifications, such as telework, modified work schedules or assignments, and leave (to the extent provided to similarly situated employees).

    Read More
  • When 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.

    Read More
  • How Much Maternity Leave Am I Entitled to?

    The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. Under the 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. Employees with newborn children may combine the 12 weeks of leave under the FMLA and the 12 weeks of leave under the NJFLA for a total of 24 weeks of leave to care for their newborn.

  • Is Pregnancy Discrimination Illegal?

    Yes. Congress passed the Pregnancy Discrimination Act (PDA) in 1978. This act protects pregnant employees from discrimination in the workplace. Under this law, discrimination on the basis of pregnancy or childbirth constitutes unlawful sex discrimination. Therefore, employers may not discriminate against employees on the basis of pregnancy or pregnancy-related conditions.

    Pregnancy discrimination includes:

    • Firing a pregnant employee or not hiring a pregnant applicant;
    • Harassing a pregnant employee;
    • Not providing reasonable accommodations;
    • Forcing an employee to take time off due to their pregnancy;
    • Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
    • Rejecting pregnancy-related Medical Leave; and
    • Retaliating against an employee who claims pregnancy discrimination
    Read More
  • What is Considered Pregnancy Discrimination?

    Pregnancy discrimination includes:

    • Firing a pregnant employee or not hiring a pregnant applicant;
    • Harassing a pregnant employee;
    • Not providing reasonable accommodations;
    • Forcing an employee to take time off due to their pregnancy;
    • Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
    • Rejecting pregnancy-related Medical Leave; and
    • Retaliating against an employee who claims pregnancy discrimination

    Read More
  • Should I Be Able to Breastfeed at Work?

    A new amendment to the New Jersey Law Against Discrimination (LAD) signed by Governor Chris Christie before he left office mandates that employers provide breaks and a place for women to breastfeed or express their milk during the work day. Breastfeeding is now a protected activity, making New Jersey the 18th state to give civil rights to breastfeeding mothers. The law covers all employers except those who can prove that accommodating a breastfeeding employee would create “an undue hardship on business operations.”

    The new requirements for employers say that women must be allowed breaks during the work day to breastfeed or pump milk and there must be a private space for them to do so. This space must be near the work area and cannot be a toilet stall. The breastfeeding breaks do not have to be paid unless the employee had previously been paid during breaks.

    Read More

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Related Practice Areas

  • Employment Discrimination Attorney
  • Americans with Disabilities ACT (ADA)
  • Age Discrimination Lawyers
  • Ancestry Discrimination
  • Asexual Discrimination
  • Bisexual Discrimination
  • Chronic Illness Workplace Discrimination
  • Color Discrimination
  • Disability Discrimination Lawyer
  • Discrimination Against Immigrants in the Workplace
  • Employment Discrimination Retaliation
  • Gay Discrimination Lawyers
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  • Job Discrimination
  • Language Discrimination
  • Lesbian Discrimination in the Workplace
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  • Medical Discrimination
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  • Military Employment Discrimination
  • Name Discrimination in Hiring
  • National Origin Discrimination
  • Pansexual Discrimination
  • Pay Discrimination
  • Political Discrimination
  • Pumping & Breastfeeding in the Workplace Discrimination
  • Racial Discrimination Attorneys
  • Religious Discrimination in the Workplace
  • Sex Discrimination
  • Sexual Orientation Discrimination in the Workplace
  • Transgender Discrimination in the Workplace
  • Unintentional Discrimination
  • Wage Discrimination

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Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

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  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Office Locations

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
  • 732.842.6500

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
  • 856.985.9800

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
  • 973.878.9040

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