Pregnancy Discrimination
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 MoreIs my employer allowed to request a doctor’s note before approving pregnancy-related accommodations?
Can my employer force me to take a pregnancy leave?
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 MoreIs 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 MoreCan 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
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 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.
Read MoreHow 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
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
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 MoreDue to the Pandemic, May an Employer Exclude an Employee from the Workplace Involuntarily Because of Pregnancy?
No. An employer may not exclude an employee from the workplace involuntarily due to pregnancy. Pregnancy discrimination is considered sex discrimination and is prohibited under Title VII of the Civil Rights Act.
Even if motivated by an altruistic concern for the employee, employers are prohibited from singling out workers on the basis of pregnancy for adverse employment actions. This includes involuntary leave, layoff, or furlough.
Can 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.
Read MoreWhen Should I Tell My Employer I’m Pregnant?
You should tell your employer you are pregnant as soon as you are comfortable doing so. Your pregnancy should be an exciting and special time for you and your family. Your employer cannot discriminate against you for your pregnancy or your maternity leave.
Read MoreWhat Happens to My Job While I am on Maternity Leave?
Upon returning to work, new mothers are entitled to their previous position without termination, demotion or reduction of salary. Your employer cannot eliminate your position or terminate your role because you took pregnancy leave. If the position is no longer available due to shifts in the company, the employer must offer the employee returning from leave a position similar in salary, benefits, and status.
Read MoreCan my employer deny me accommodations at work due to a pregnancy related medical condition?
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. A pregnant woman has the right to work so long as she is able to perform the functions of her job.
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