Termination or Failure to Promote Based on Pregnancy in New Jersey
Pregnancy discrimination in workplaces is illegal under both federal and New Jersey laws. Employment Discrimination may include any adverse action taken (firing, demotion, suspension, transfer, etc.) because of your pregnancy. In most cases, termination or failure to promote based on pregnancy is actionable. The New Jersey pregnancy discrimination attorneys at Phillips & Associates can help workers pursue damages in these situations. There are no attorney fees unless we recover. We are an employee contingency fee discrimination law firm. Call our attorneys today for a free consultation regarding your potential pregnancy discrimination case at (609) 436-9087.Termination or Failure to Promote Based on Pregnancy in New Jersey
Pregnant workers deserve an equal opportunity at work. They should be able to keep their jobs and receive promotions just as other workers who are not pregnant are able to do. If you are terminated or not promoted due to your pregnancy, you may have grounds to file a lawsuit under federal or state laws.Federal Law Protects Women Against Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act to make it illegal for larger employers (those with 15 or more employees) to discriminate against pregnant employees. In order to file a lawsuit under federal law, you will first need to file a charge with the Equal Employment Opportunity Commission (EEOC), which may investigate or recommend mediation.New Jersey Law Prohibits Pregnancy Discrimination in the Workplace
For many pregnant workers in New Jersey, the New Jersey Law Against Discrimination (“NJLAD”) provides greater protections. It requires employers to provide accommodations for pregnancy-related reasons, and it applies to small employers as well as large employers. Under the NJLAD, an employer cannot take pregnancy into consideration when making decisions such as promotions or terminations.Proof of Pregnancy Discrimination
Proving that you were terminated or not promoted due to your pregnancy may be challenging, but an experienced attorney can investigate and ask questions that allow your case to be built. In some cases, there may be direct evidence of discrimination. For example, if your manager outright told you that he is not promoting you because he knows that you will not put in extra hours once you have the baby, this is direct evidence of discrimination. Employers do not always understand that this is discriminatory.
Nevertheless, some employers may give inadvertent hints that they are taking your pregnancy into consideration such as staring at your stomach, asking about family plans, or even asking “when are you due?” Generally, we need to prove your case through evidence or circumstantial evidence that makes it more likely than not that your pregnancy was the reason why you were not hired.
Timing may also affect whether you can prove your pregnancy discrimination claim. If you were in line for a promotion and were told that you would receive it, but your employer treats you differently after learning about your pregnancy and does not promote you, this may result in an inference of discrimination. Similarly, if you are terminated just before giving birth without any written warnings or other usual procedures being applied, this may give rise to an inference of discrimination.Damages Available to Victims of Pregnancy Discrimination
Damages that may be available in a New Jersey lawsuit may include:
- Back pay
- Front pay
- Emotional distress
- Injunctive relief
- Compensatory damages
If you bring a lawsuit based on federal law, your damages can be capped. Under the NJLAD, there is no cap on damages.Hire a Skilled Pregnancy Discrimination Attorney in New Jersey
Most pregnant workers cannot afford to lose their jobs or be denied additional pay through a promotion when they are expecting a baby. If you face termination or failure to promote based on pregnancy, an experienced New Jersey attorney may make a huge impact on your ability to recover damages. The employment lawyers at Phillips & Associates are knowledgeable in this area of the law. You should contact us as soon as you are aware that you may have a claim. Call us at (609) 436-9087 or use our online form to set up an appointment with an employment lawyer. We help people in Hackensack, Middlesex, Monmouth, Princeton, Hopewell, Hamilton, New Brunswick, Essex, Paterson, Newark, and Jersey City, as well as other areas.
100 Overlook Center, 2nd Floor
Princeton, NJ 08540