Phillips & Associates

Reasonable Accommodations for Pregnancy-Related Medical Issues in New Jersey

Discrimination Attorneys Representing New Jersey Workers

Pregnancy and pregnancy-related medical conditions may make it temporarily more challenging for an employee to work. For example, they may need to avoid certain hazardous work, take more frequent water breaks, or take more trips to their obstetrician. Employers are required to provide reasonable accommodations for pregnancy-related medical issues. Our New Jersey pregnancy discrimination lawyers are here to assist you if you have been wrongfully denied a reasonable accommodation or are being harassed or retaliated against because you needed a reasonable accommodation. If you have questions regarding an accommodation at work due to your pregnancy call our New Jersey discrimination lawyers for a free consultation at 609-436-9087.

Reasonable Accommodations for Pregnancy-Related Medical Issues in New Jersey

The right to reasonable accommodations for your pregnancy under federal law is covered by the Pregnancy Discrimination Act (“PDA”), the Americans with Disabilities Act Amendments Act (“ADA”), and the Family Medical Leave Act (“FMLA”).

Any way in which you are impaired as a result of pregnancy or childbirth may be considered a disability (or temporary disability) that entitles you to a reasonable accommodation. The ADA expanded the scope of disability such that temporary disabling conditions or complications of pregnancy may be covered. This may, for example, include symphysis pubic dysfunction, in which the pubic bones separate so much that walking becomes unbearably painful.

Federal laws only cover larger employers (those with 15 or more employees), so for workers in smaller companies or organizations, the New Jersey Law Against Discrimination (“NJLAD”) as amended by the Pregnant Worker's Fairness Act may offer greater protection when asking for an accommodation.

The New Jersey Law Against Discrimination Protects Pregnant Employees

The NJLAD requires employers to provide reasonable accommodations for pregnancy-related needs if you ask for the accommodation with a doctor's note. You do not need to be disabled by your pregnancy to be entitled to an accommodation. However, the New Jersey law does not necessarily entitle you to paid or unpaid leave.

Reasonable accommodations under state law may include:

  • More frequent bathroom or water breaks,
  • Help with manual labor,
  • Job restructuring or a more flexible schedule,
  • Time off to go to obstetrician's appointments,
  • Transfers to less hazardous work,
  • The ability to sit when the policy is that workers stand, and
  • Rest breaks.

Your employer may not penalize you for asking for or using an accommodation.

Will Your Accommodation Cause Undue Hardship to Your Employer?

Your employer should give you a requested accommodation unless doing so would cause an “undue hardship”. There are many factors that can go into determining whether an accommodation would generate a hardship, including the size of the employer's business, the nature of the business operations, the nature of the accommodation requested, and the extent to which providing the accommodation would require waiving an essential job requirement. For example, the more employees there are, and the greater the business' budget, the more likely it is that the employer should be able to accommodate an employee.

Discuss Your Situation with a Pregnancy Discrimination Lawyer in New Jersey

If you are denied a reasonable accommodation for a pregnancy-related medical issue or penalized for using or asking for an accommodation at your job, you may have grounds to file claims. The New Jersey attorneys 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 an appointment with an employment attorney. We help employees in Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties

PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540
Tel: 609-436-9087
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Managing Partner in New Jersey - Bryan Arce

Client Reviews
★★★★★
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
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
★★★★★
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
★★★★★
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