Pregnancy Discrimination in New Jersey

New Jersey Pregnancy Discrimination Attorney

Pregnancy is one of the most significant and personal experiences in a person's life. It should be a time of anticipation, not anxiety about your job. But for too many New Jersey employees, the news of a pregnancy is followed by a shift in how their employer treats them. Subtle at first, then unmistakable. Hours cut. Opportunities that disappear. Performance reviews that suddenly turn negative. Or a termination that comes out of nowhere. If this has happened to you, you are not alone, and it is not something you have to accept. What your employer did may be illegal, and you may have the right to hold them accountable. At the Law Office of David H. Kaplan, we represent pregnant employees and new parents throughout New Jersey who have been treated unfairly at work, and we fight for them with the care and determination these cases deserve.

Laws That Protect New Jersey Workers from Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA)

The federal Pregnancy Discrimination Act prohibits employers with 15 or more employees from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. Under the PDA, an employer must treat a pregnant employee the same as any other employee who is similar in their ability or inability to work.

The New Jersey Law Against Discrimination (NJLAD)

The NJLAD provides broader protections than federal law. It applies to employers with one or more employees and prohibits discrimination based on pregnancy, childbirth, and related conditions. The NJLAD also requires employers to make reasonable accommodations for employees who are pregnant or recovering from childbirth, and it prohibits employers from treating pregnant employees less favorably than other employees with similar physical limitations.

The Pregnant Workers Fairness Act (PWFA)

The federal Pregnant Workers Fairness Act, which took effect in 2023, requires covered employers to provide reasonable accommodations to employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship. This law significantly strengthened the accommodation obligations of employers under federal law.

What Does Pregnancy Discrimination Look Like?

Pregnancy discrimination can take many forms, including:

• Being terminated after announcing a pregnancy or returning from maternity leave

• Being passed over for a promotion or assignment because of a pregnancy

• Being denied a reasonable accommodation such as modified duties, additional breaks, or temporary light work

• Having your hours reduced or being reassigned to a less desirable position after disclosing a pregnancy

• Being pressured to take leave earlier than medically necessary

• Receiving negative performance reviews that began after announcing a pregnancy

• Being treated differently than coworkers with similar physical limitations unrelated to pregnancy

Reasonable Accommodations for Pregnant Employees

Under the NJLAD and the Pregnant Workers Fairness Act, employers are required to engage in an interactive process and provide reasonable accommodations to pregnant employees. Common accommodations include:

• Modified work duties or temporary reassignment to lighter tasks

• Additional or more frequent breaks

• Permission to sit or stand as needed

• Modified work schedules or remote work arrangements

• Temporary leave for pregnancy-related medical appointments

An employer cannot refuse a reasonable accommodation simply because it is inconvenient. The employer must show that the accommodation would impose an undue hardship.

What Is the Statute of Limitations for Pregnancy Discrimination in New Jersey?

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. For federal claims under the PDA or PWFA, you must file a charge with the EEOC within 300 days.

What Damages Can I Recover?

Employees who prevail in pregnancy discrimination cases in New Jersey may be entitled to recover:

• Back pay and lost benefits

• Front pay or reinstatement

• Compensatory damages for emotional distress

• Punitive damages in cases of egregious conduct

• Attorney's fees and costs

Frequently Asked Questions

Can my employer fire me because I am pregnant?

No. Terminating an employee because of pregnancy is illegal under both the NJLAD and federal law. If you were fired shortly after announcing your pregnancy, or if the timing of your termination closely follows your disclosure, that is a significant red flag that warrants legal review.

What if my employer says I was fired for performance reasons but I think pregnancy was the real reason?

This is a common tactic. If your performance reviews were positive before your pregnancy was known and deteriorated afterward, or if your employer treated similarly situated non-pregnant employees more favorably, you may be able to show that the stated reason is a pretext for discrimination.

Do pregnancy discrimination protections apply after I give birth?

Yes. Protections extend to childbirth and related medical conditions, including recovery from delivery and conditions such as postpartum depression. Discrimination related to maternity leave or returning from leave is also covered.

What if I miscarried or had a pregnancy-related medical condition? Am I still protected?

Yes. The NJLAD and federal law protect employees from discrimination related to any pregnancy-related medical condition, including miscarriage, complications, and fertility treatments in some circumstances.

Am I protected if I am not yet visibly pregnant?

Yes. Protection begins from the moment of pregnancy, not from when it becomes visible or disclosed. However, if your employer was not aware of the pregnancy, establishing a discrimination claim may require other evidence of discriminatory intent.