New Jersey Pregnancy Discrimination
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.