New Jersey Lawyers BlogPregnancy and Breastfeeding Protections Under New Jersey Employment Law
New Jersey Employment Law Protections for Pregnant Employees
New Jersey employment law, as well as Federal employment law, prohibits discrimination against employees because of pregnancy, requires employees to reasonably accommodate employees’ pregnancy, bars retaliation against employees who request accommodations for pregnancy or object to the treatment of pregnant employees, and bars coercion of pregnant employees from being required to accept
unreasonable or no accommodations or take leave unless medically necessary.
Under New Jersey employment law, the primary statutory protection for pregnant employees is the New Jersey Law Against Discrimination. The main provision of the Law Against Discrimination protecting pregnant employees is N.J.S.A. 10:5-12. This provision makes it illegal “For an employer, because of… pregnancy or breastfeeding… to refuse to hire or employ or to bar or to discharge from employment or to discriminate against an individual in compensation or in the terms, conditions or provisions of employment.” This has been held to also bar harassing an employee because of protected traits, such as pregnancy. These provisions also apply to unions and employment agencies.