Phillips & Associates

Termination or Failure to Promote Based on Pregnancy in New Jersey

Discrimination Lawyers Representing New Jersey Workers

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
  • Reinstatement

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.

PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540
Tel: 609-436-9087

Managing Partner in New Jersey - Bryan Arce

Client Reviews
★★★★★
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
★★★★★
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana