Pregnancy should never be a reason for discrimination, job loss, or unfair treatment in the workplace. In New Jersey, state and federal laws provide strong legal protections for pregnant employees to ensure they are treated fairly and given the accommodations they need. These laws cover everything from hiring and job security to workplace accommodations and medical leave.
Understanding your rights as a pregnant worker—or your responsibilities as an employer—is essential for maintaining a fair and lawful work environment.
Anti-Discrimination Laws for Pregnant Workers
Pregnancy discrimination is illegal under both federal law and New Jersey state law. These laws ensure that employees cannot be treated differently simply because they are pregnant, planning to become pregnant, or have recently given birth.
Federal Law: The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating against employees or job applicants on the basis of pregnancy, childbirth, or related medical conditions. Under this law, employers with 15 or more employees must treat pregnancy as they would any other temporary disability in terms of job duties, benefits, and accommodations.
State Law: New Jersey Law Against Discrimination (NJLAD)
New Jersey offers even broader protection under the New Jersey Law Against Discrimination (NJLAD). This law applies to employers with as few as one employee and explicitly protects pregnant workers from:
- Being fired, demoted, or passed over for a promotion
- Being forced to take leave when still able to work
- Being denied reasonable accommodations for pregnancy-related needs
Reasonable Accommodations for Pregnancy
In New Jersey, employers are required to provide reasonable accommodations to pregnant workers upon request, unless doing so would create an undue hardship for the business. Examples of accommodations include:
- More frequent breaks
- Modified work schedules or job duties
- Help with manual labor
- Access to seating or rest areas
- Temporary transfers to less strenuous positions
Employers must engage in a meaningful, interactive process to determine what accommodations are appropriate and feasible.
Pregnancy and Medical Leave Rights
Pregnant employees in New Jersey may be entitled to job-protected leave under several different laws:
New Jersey Family Leave Act (NJFLA)
The NJFLA allows eligible employees to take up to 12 weeks of leave in a 24-month period to bond with a new child or care for a family member. However, it does not cover leave for the employee’s own medical condition, including pregnancy-related issues.
Family and Medical Leave Act (FMLA)
The federal FMLA provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees to recover from childbirth or care for a newborn. To qualify, the employee must work for a covered employer and meet the minimum work-hour requirements.
New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI)
New Jersey provides paid leave benefits through two programs:
- TDI: Offers wage replacement during pregnancy and postpartum recovery.
- FLI: Provides paid time off to bond with a newborn.
Employees may qualify for both benefits consecutively, allowing for both medical and bonding leave.
Protection Against Retaliation
It is illegal for an employer to retaliate against an employee who requests pregnancy accommodations, files a discrimination complaint, or takes protected leave. Retaliation can include termination, demotion, reduced hours, or a hostile work environment. If this occurs, employees have the right to file a complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC).
Steps to Take if Your Rights Are Violated
If a pregnant employee believes their rights have been violated, they should:
- Document all interactions with their employer
- Keep copies of any doctor’s notes or requests for accommodation
- File a formal complaint with the employer’s human resources department
- Consider contacting an employment law attorney for legal advice
Legal claims must be filed within specific time limits, so it’s important to act promptly.
Conclusion
Pregnant workers in New Jersey are protected by some of the strongest employment laws in the country. Whether it’s protection from discrimination, access to accommodations, or the right to job-protected and paid leave, the law ensures that pregnancy does not jeopardize a person’s livelihood. Employers must be proactive in understanding their obligations, and employees should feel empowered to assert their rights without fear of retaliation.