Despite laws to the contrary, an alarming number of people do not believe pregnancy discrimination, especially workplace pregnancy discrimination, is wrong or unlawful. For example, if Amy is pregnant, her boss may assign her to lower-paying, light-duty work. Amy might need such a reassignment. But that decision is hers, not her employer’s. Subtle and not-so-subtle pregnancy discrimination seriously and adversely affects a person’s career, financial stability, and health.
A Paterson, New Jersey pregnancy discrimination lawyer from HKM helps employees understand their rights, hold employers accountable, and pursue compensation and justice under state and federal law. Employers usually cannot consider any medical condition, including pregnancy, when they make job-related decisions that affect people. If employers refuse to acknowledge responsibility and do the right thing, our legal team holds them legally accountable for their misconduct.
What is Pregnancy Discrimination?
Legally, “pregnancy” encompasses much more than bearing a child. It’s also illegal to discriminate against individuals (employees, applicants, or some ex-employees) because they’re considering pregnancy or might become pregnant, or because of a pregnancy-related condition, such as breastfeeding or post-partum depression.
This discrimination can happen at any stage of employment, including hiring, promotions, job assignments, pay, benefits, leave, and termination. Common examples include:
- Firing or laying off an employee after learning she is pregnant,
- Refusing to hire a qualified applicant because she is pregnant or may become pregnant,
- Reducing hours, pay, or responsibilities due to pregnancy,
- Denying reasonable accommodations such as modified duties or additional breaks,
- Forcing an employee to take unpaid leave instead of providing accommodations, and
- Harassing or retaliating against an employee for requesting pregnancy-related accommodations.
Under New Jersey law, all kinds of pregnancy discrimination are strictly prohibited, not only in and of themselves but also as a form of sex discrimination.
The different kinds of pregnancy discrimination usually include disparate treatment and disparate impact. Disparate treatment is an official or unofficial policy that treats people differently because of their differences. Disparate impact is a policy that disproportionately affects individuals in a protected class, such as refusing to provide a sanitary and private place where a woman can use a breast pump.
New Jersey Laws Protecting Against Pregnancy Discrimination
State lawmakers have approved some of the strongest antidiscrimination laws in the country. The New Jersey Law Against Discrimination (NJLAD) expressly prohibits discrimination based on pregnancy, childbirth, breastfeeding, and related medical conditions. These protections apply to employers of all sizes and cover employees, job applicants, and interns. Some key requirements in this law include:
- Treat pregnant employees the same as non-pregnant employees who have similar job-related abilities and/or limitations,
- Provide reasonable accommodations for pregnancy-related conditions, unless doing so would create an undue hardship,
- Clearly and publicly post approved notices informing pregnant employees of their workplace rights,
- Refrain from retaliating against employees who assert their rights by cooperating with investigators, filing a complaint, or encouraging someone else to file a complaint.
Reasonable accommodations may include modified work schedules, temporary job restructuring, light-duty assignments, additional or extended bathroom or water breaks, physical changes, like a desk chair that provides additional back support, or time off for medical appointments.
The NJALD is just the beginning. Federal laws may also apply. The Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA) include strong protections in this area, and eligible employees may be entitled to job-protected leave under the Family and Medical Leave Act (FMLA).
Navigating these complex laws and determining the best course of action is one of a New Jersey pregnancy discrimination lawyer’s most important jobs.
How a New Jersey Pregnancy Discrimination Lawyer Can Help
A New Jersey pregnancy discrimination lawyer represents employees who believe they have been treated unfairly due to pregnancy or related conditions. Discrimination victims need lawyers because employers often deny discrimination or attempt to justify their actions as business decisions.
The legal process typically begins not in a courtroom, but in the office of a New Jersey pregnancy discrimination lawyer. Understanding a client’s experience is critical to a successful outcome. Next, an attorney carefully reviews the facts, assesses potential legal violations, and explains available options. This evaluation may involve examining employment records, emails, performance reviews, company policies, medical documentation, and witness statements.
The next step largely depends on the facts of the case, the client’s preference, and a few other factors. Depending on the circumstances, a lawyer may:
- File a complaint with the New Jersey Division on Civil Rights (DCR),
- Bring a lawsuit in the New Jersey Superior Court,
- Negotiate directly with the employer to settle the matter,
- File a complaint with the federal Equal Employment Opportunity Commission (EEOC), or
- Pursue a separate claim for retaliation, harassment, or failure to accommodate.
An experienced pregnancy discrimination lawyer in New Jersey understands procedural deadlines, evidentiary requirements, and how to build a persuasive case.
Pregnancy Discrimination and Workplace Accommodations
Failure to provide reasonable accommodations is one of the most common pregnancy discrimination issues in New Jersey. Employers often summarily deny accommodations or claim they are unnecessary, even if they offer similar accommodations to non-pregnant employees with temporary medical conditions.
In a perfect world, employers would voluntarily comply with federal and state laws regarding workplace accommodations. But our world is imperfect. Therefore, a pregnancy discrimination lawyer must frequently challenge illegal practices and seek remedies for employees who were pushed out of the workplace or otherwise marginalized.
Retaliation for Pregnancy-Related Requests
This separate matter is also illegal under New Jersey law. Common retaliatory acts include firing, demoting, disciplining, or harassing employees or other protected individuals who requested pregnancy accommodations, reported discrimination, or took protected leave.
A New Jersey pregnancy discrimination lawyer can pursue claims not only for the original discrimination but also for any subsequent retaliatory conduct. Retaliation claims often strengthen discrimination cases and increase potential damages.
Damages and Remedies Available in New Jersey
The New Jersey Law Against Discrimination includes broad remedies for victims of pregnancy discrimination. Depending on the case, compensation may include:
- Lost wages and benefits,
- Front pay or job reinstatement,
- Emotional distress damages,
- Punitive damages in extreme cases, and
- Attorneys’ fees and litigation costs
Importantly, New Jersey law does not cap compensatory damages, making it one of the most powerful legal tools for employees facing discrimination.
Connect With a Dedicated Passaic County Lawyer
Discrimination hurts everyone, and not just discrimination victims. For a confidential consultation with an experienced pregnancy discrimination lawyer in Paterson, contact HKM Employment Attorneys LLP. The sooner you reach out to us, the sooner we start working for you.
