New Jersey Pregnancy Discrimination Tag Archives

Published on: December 9, 2024

New Jersey Pregnant Employee Protections Enhanced by Federal Pregnant Workers Fairness Act and the EEOC’s Implementing Regulations

New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth.

The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees. It also requires that employers make reasonable kids-300x225 accommodations available so that pregnant or breastfeeding employees and new mothers can perform their jobs. It prohibits retaliation against employees who request such accommodations. The New Jersey Law Against Discrimination gives a non-exhaustive list of such reasonable accommodations: “bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work.”

The New Jersey Law Against Discrimination generally gives more extensive protection to employees than Federal law, including pregnant and breastfeeding employees, and New Jersey State courts generally provide greater procedural protections for employees than Federal court. Nonetheless, Federal law also provides protections for pregnant employees.

Published on: July 22, 2024

Federal Appeals Court Clarifies Standard for Proving Harm Caused by Discrimination

by Maurice W. McLaughlin

New Jersey employment law prohibits pregnancy discrimination and disability discrimination. The United States Third Circuit Court of Appeals recently examined the standard employees must meet to prove pregnancy discrimination and disability discrimination in the case of Peifer v. Pennsylvania Board of Probation and Parole. columns-round-300x201

Peifer’s Employment with the Board

Samantha Peifer was an employee of the Pennsylvania Board of Probation and Parole. She was an alcohol and other drugs agent, working with drug and alcohol offenders when they were on parole. She was required to be able to perform physical activities such as chasing, apprehending and restraining offenders during escapes and arrests.

Published on: January 10, 2024

Pregnancy and Breastfeeding Protections Under New Jersey Employment Law

by Maurice W. McLaughlin

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 kids-300x225 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.

Published on: March 12, 2021

The New Jersey Supreme Court Considers the Pregnant Workers Fairness Act for the First Time in Police Pregnancy Discrimination Matter

by Robert Chewning, Esq.

On March 9, 2021, the New Jersey Supreme Court issued an important employment law decision on pregnancy discrimination in the case of Delanoy v. Township of Ocean, which confirms the distinct causes of actions that may be brought and how they should be brought under the New Jersey Pregnant Workers Fairness Act (“NJPWFA”).

Background

A female police officer for the Township of Ocean brought a pregnancy discrimination case against the Township based on standing operating procedures (“SPOs”) and the Township’s treatment, which she alleged discriminated against her in violation of the NJPWFA and New Jersey’s Law Against Discrimination (“NJLAD”).