Pregnancy Discrimination

Bergen County Sex Discrimination Attorneys Dedicated to Upholding Workers’ Rights Across New Jersey

Finding out you are expecting should be a joyful, exciting moment—not the start of worrying whether your job is at risk. Unfortunately, some employers still treat pregnancy as a problem instead of a celebrated (and legally protected) part of life. You may be unfairly passed over for promotions, taken off important projects, harassed, or even fired based on assumptions that you cannot keep up, will not return after giving birth, or will not be as committed to your job once your baby arrives. These actions are not just unfair—they are illegal. If your employer is treating you differently because you are pregnant, you do not have to accept it.

You have rights. The Bergen County pregnancy discrimination lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. are here to help you protect them.

Pregnancy Discrimination Violates the Law

Pregnancy discrimination is illegal in New Jersey. If you have been treated unfairly after telling your employer you are pregnant, denied a reasonable accommodation, or faced obstacles returning to work after maternity leave, your rights under state and federal employment laws may have been violated. No one should be penalized for starting or growing their family. If that has happened to you, there are legal protections in place to help you fight back.

Pregnancy discrimination often is related to gender discrimination. For example, an employer that discriminates against women might treat pregnant women especially poorly.

Reasonable Accommodations for Pregnancy

In addition to prohibiting discrimination, New Jersey law requires employers to provide employees reasonable accommodations for pregnancy. For example, your employer might be required to provide you assistance to perform certain tasks; limit how much you need to stand, lift, or walk; permit extra restroom or water breaks; modify your job or schedule; or even temporarily reassign you to a light duty job or permit you to take a leave of absence, if doing so is necessary to allow you to work while you are pregnant.

In addition, many women experience temporary pregnancy-related disabilities such as gestational diabetes, preeclampsia or eclampsia while they are pregnant, or postpartum depression after they give birth. Like other disabilities, you might be entitled to a reasonable accommodation for your disability caused by or related to your pregnancy.

After giving birth, your employer is required to provide reasonable accommodations for nursing, including access to a private, appropriate private space—other than a bathroom—where you can express breast milk.

Maternity and Pregnancy Leaves

Employees who are covered by the Family & Medical Leave Act (“FMLA”) are entitled to take up to 12 weeks off per year for pregnancy-related disabilities, the birth or adoption of their child, or to care for a newborn or newly adopted child. Likewise, the New Jersey Family Leave Act (“NJFLA”) entitles covered parents to take as much as an additional 12 weeks off to care for their newborn child. Both the FMLA and NJFLA ordinarily require employers to return employees to their previous position or an equivalent one at the end of their maternity or paternity leave.

Rabner Baumgart Ben-Asher & Nirenberg, P.C. Has Experience Representing Pregnant Employees

Our New Jersey pregnancy discrimination lawyers have represented many women who have experienced discrimination or harassment at work because they are expecting a child.

For example, one of our precedent-setting cases involved a woman who experienced discrimination after she told her employer that she was pregnant. On appeal, the New Jersey Appellate Division ruled in her favor and agreed she was entitled to have a jury award her damages for the emotional distress she experienced as a result.

Contact Our Experienced New Jersey Pregnancy Discrimination Attorneys

Pregnancy discrimination is against the law in New Jersey. If your employer has treated you unfairly because you are pregnant, recently gave birth, or plan on getting pregnant, Rabner Baumgart Ben-Asher & Nirenberg, P.C. is here to help. We invite you to contact us online or call (201) 777-2250 to schedule a consultation with one of our experienced employment law attorneys. We will take the time to understand your situation and help you explore your legal options.