Pregnancy Discrimination

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.

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Denying or limiting health insurance coverage for pregnancy-related conditions when other medical conditions are covered can be a form of discrimination. In New Jersey, if an employer provides health insurance, it must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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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.

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Training that educates employees and employers on the rights of pregnant workers, as well as programs that promote empathy and understanding about the challenges pregnant employees might face, can be effective. This can be combined with awareness campaigns showcasing positive stories of employees during and post-pregnancy.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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In New Jersey, the NJLAD protects traditional employees, independent contractors, and freelancers from discrimination, including pregnancy discrimination. However, the relationship’s specifics and the work arrangement’s nature can influence how these protections are applied.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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You can support colleagues facing pregnancy discrimination by being an active ally, listening to their experiences, offering to be a witness if they choose to report the discrimination, and encouraging an inclusive workplace environment. Familiarizing yourself with the New Jersey Law Against Discrimination can also provide insights into the rights of pregnant workers in the state.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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Pregnancy discrimination in part-time or temporary positions is illegal; in New Jersey, part-time and temporary workers are protected from pregnancy discrimination under the NJLAD. Discrimination based on pregnancy is unlawful regardless of the permanency or hours of the position.

Pregnancy discrimination is a serious problem, and our discrimination attorneys are ready to take action. With offices in NJ, NY, and PA, McOmber McOmber & Luber, P.C. has experience in representing a wide range of 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 for compensating you for economic damages and your pain and suffering. A pregnancy discrimination lawyer can get you the compensation you deserve.

Contact us today for a free consultation.

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The Pregnancy Workers Fairness Act (PWFA) requires covered employers to grant reasonable accommodations. Additionally, under the PFWA, employers: 

• Can’t require a protected employee to accept an accommodation without a conversation about it. 
• Can’t bar a qualified applicant or employee based on their pregnancy-related limitations. 
• Can’t require employees to take leave in lieu of accommodations. 
• Can’t discriminate against employers for reporting or reacting to discrimination under the PWFA. 
• Can’t interfere with an employee’s rights under the PWFA. 

Pregnant employees may also have additional protections under Title VII, the ADA, the Family and Medical Leave Act, and the PUMP Act, or State law. If you believe you’ve faced discrimination due to your pregnancy or recent childbirth, talk to a lawyer. 

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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To receive accommodations under the PWFA, the affected employee will typically need to start a conversation with a superior or HR representative. You should always put your request in writing, clearly stating that you are making a request for accommodations under the Pregnancy Workers Fairness Act. State both the accommodation you are requesting and how it would allow you to perform your job to the best of your abilities. 

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

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A reasonable accommodation is a change to the workplace or to daily procedures. An accommodation is considered reasonable if it will clearly alleviate a hardship on the protected applicant or employee without creating an undue burden for the employer. 

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

 

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If your employer is a covered employer, it’s possible that you are protected by the PWFA (Pregnancy Workers Fairness Act). However, it’s worth noting that there is a distinction between the PWFA and Title VII, which also provides protection against pregnancy-related discrimination.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

 

 

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When you look at the language of the Pregnancy Workers Fairness Act, you’ll see the term “covered employers.” A covered employer is, simply, an employer that is required to meet the new anti-discrimination laws codified by the PWFA.

Learn more by reading our Comprehensive Guide to Pregnancy Discrimination.

 

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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.

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Yes, your employer can request a doctor’s note for pregnancy-related accommodations if the request for accommodations falls under the Americans with Disabilities Act (“ADA“). However, the employer cannot single out pregnancy-related conditions for special procedures to determine the employee’s ability to work. Learn more using our Comprehensive Guide to Pregnancy Discrimination. 

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No, your employer cannot force you to take pregnancy leave. The Equal Employment Opportunity Commission (EEOC) requires employers to allow pregnant employees to work for as long as they are able to perform their jobs.

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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.

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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.

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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.

To learn more, refer to our Comprehensive Guide for Pregnancy Discrimination or call our offices to set up a free consultation.

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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

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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).

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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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Federal law entitles you to 12 weeks of maternity leave. 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.

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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

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Some of the actions that are considered pregnancy discrimination include:

• 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

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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 18^th 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.

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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.

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.

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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.

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Pregnant women and new mothers are protected under federal and state law and should not need to worry about what happens to their job while they are 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.

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No, an employer cannot deny you accommodations at work due to pregnancy or related medical conditions. 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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