Phillips & Associates

Princeton Pregnancy Discrimination

Employment Attorneys Representing Workers, Employees and Residents in Princeton

In many cases, workers are affected by their pregnancies. They may need to avoid certain hazardous work, take more frequent water breaks, or take more trips to their obstetrician. Under both federal and New Jersey laws, employers are not permitted to engage in pregnancy discrimination or treat a woman unfavorably due to her pregnancy, childbirth, or any related medical conditions. If you are a woman who has experienced pregnancy related mistreatment in your workplace, the Princeton pregnancy discrimination lawyers at Phillips & Associates may be able to help you.

Fighting Pregnancy Discrimination on the Job

The Pregnancy Discrimination Act (PDA) is the federal law that provides protection to pregnant employees. It amended Title VII of the Civil Rights Act of 1964, making it illegal for employers with 15 or more employees to discriminate on the basis of pregnancy, childbirth, or related medical conditions. In other words, if you are a woman who is affected by your pregnancy, and your employer is covered by this law, you are to be treated the same way as other applicants or employees who are similar in their inability or ability to work.

New Jersey Laws Protect Against Sexual Harassment and Discrimination

The New Jersey Law Against Discrimination (NJLAD) law provides even greater protections to pregnant employees or employees who are affected by their pregnancy, regardless of whether or not they are disabled by the pregnancy. In fact, employers in New Jersey are obligated to provide requested accommodations to pregnant employees under the New Jersey Pregnant Worker's Fairness Act (PWFA), which amends the NJLAD. The PWFA covers all employers in New Jersey, regardless of their size, other than federal employers.

This law goes further than the federal PDA and the Americans with Disabilities Act (ADA) do in protecting pregnant workers. While the PDA and the ADA require employers to treat pregnant employees the same as they would other workers who have short-term disabilities, New Jersey requires employers to go further. There is no minimum employee requirement, and the law allows you to sue an employer for pregnancy discrimination. Employers may be held liable if they treat a female employee whom they know, or should have known, is affected by pregnancy in any way, less favorably than a similarly situated worker who is not pregnant. Our pregnancy discrimination lawyers can help Jersey City residents and employees bring a claim on this basis.

Pregnancy Related Medical Conditions

There are a number of medical conditions that might accompany a pregnancy, including preeclampsia and gestational diabetes. An employer might need to provide a reasonable accommodation to a worker who suffered a pregnancy-related disability, unless it could show that it would present an undue hardship to do so. However, when employees with temporary disabilities must submit a doctor's note in order to get light duty or an accommodation, an employer may also require a pregnant worker to submit a doctor's note.

Additionally, under the Family Medical Leave Act (FMLA), new parents whose employers are covered by the FMLA may be eligible for 12 weeks of leave that may be used to care for a new child. To be eligible, you need to have worked for an FMLA-covered employer for 12 months before you take the leave. Our pregnancy discrimination attorneys can help Princeton employees determine whether this law applies to them.

While federal laws apply to larger employers, the New Jersey Law Against Discrimination (NJLAD) prohibits discrimination against pregnant women, as well as people affected by childbirth or pregnancy-related medical conditions, regardless of the size of their employer. Employers may not treat pregnant workers less favorably than non-pregnant workers who have similar work abilities. They are generally required to give pregnant employees reasonable accommodations if these are requested at the advice of their physicians. These accommodations may include periodic rest, help with manual labor, bathroom breaks, job restructuring, or a modified work schedule. If a requested accommodation imposes an undue hardship on the employer, however, it may be denied. The business' size, the nature of its operations, the extent to which the accommodation would change the nature of the job, and the cost may all be considered when determining whether an undue hardship exists.

Retain an Aggressive Pregnancy Discrimination Lawyer in Princeton

Princeton is a municipality best known for its world-class Ivy League university and for being home to many large companies and industries. Also, it was founded prior to the American Revolution. If you believe that you have been a victim of pregnancy discrimination on the job, the Princeton pregnancy discrimination attorneys at Phillips & Associates may be able to provide legal representation in a lawsuit to pursue damages. Contact us at (609) 436-9087 or through our online form to set up a free appointment. Our employment lawyers help people in communities, such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties.

Managing Partner in New Jersey - Bryan Arce

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