Phillips & Associates

New Jersey Pregnancy Discrimination

Employment Lawyers Representing New Jersey Workers

While many women have healthy pregnancies and go on to deliver their children with minimal disruption to their jobs, some employers still see employees who are pregnant differently. They may offer them fewer opportunities on the job or fail to promote them or terminate them due to a pregnancy or a pregnancy-related condition. As a pregnant worker, you should be aware of the protections available to you under both federal and state laws. The New Jersey pregnancy discrimination attorneys at Phillips & Associates can help you seek damages if you have been a victim of mistreatment in the workplace. We also can help negotiate reasonable accommodations for a pregnancy.

Seeking Compensation Through a Pregnancy Discrimination Claim

Federal law prohibits discrimination on the basis of pregnancy through the Pregnancy Discrimination Act (PDA), which amended Title VII. The PDA provides that women who are affected by pregnancy are to be treated in the same way as other job applicants or employees who are similar in their ability or inability to do a job. Discrimination on the grounds of pregnancy, childbirth, or medical conditions that are related to these is illegal sex discrimination under Title VII. The PDA only applies to employers with 15 or more employees.

New Jersey law also prohibits pregnancy discrimination and provides protection to employees more broadly than federal law does. The Pregnant Worker's Fairness Act prohibits pregnancy discrimination and applies to all employers in New Jersey, except federal employers, regardless of their size. While the PDA does not require accommodations to be provided to pregnant employees, the Pregnant Worker's Fairness Act does require accommodations to be provided unless doing so would present an undue burden for the employer. Our pregnancy discrimination lawyers can help New Jersey workers pursue an accommodation under this law.

To obtain an accommodation, you should simply ask for an accommodation for your needs related to your pregnancy, based on the advice of your doctor. This accommodation might include, for example, a restructuring of your primary responsibilities, periodic rest, time for water breaks, or a temporary transfer to less hazardous work.

Under New Jersey law, you may have a private right of action against your employer if you have suffered from discrimination, even if you are not disabled by a pregnancy or a pregnancy-related condition. Instead, you may hold your employer accountable if you are a woman, and your employer treated you in a less favorable way than a similarly situated non-pregnant employee when the employer knew or should have known that you were affected by pregnancy.

Discuss Your Situation with a Pregnancy Discrimination Attorney in New Jersey

New Jersey’s economy includes a strong pharmaceutical industry, a telecommunications industry, a financial industry, a printing and publishing industry, a tourism industry, and a chemical development industry. If you suffer discrimination on the basis of pregnancy, childbirth, or a related medical condition, the experienced New Jersey pregnancy discrimination lawyers at Phillips & Associates may be able to help you recover damages. Contact us at (609) 436-9087 or through our online form to set up a free appointment with an employment lawyer. We fight pregnancy discrimination in cities such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties.

Managing Partner in New Jersey - Bryan Arce

Client Reviews
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Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
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Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
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I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
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Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen