Failure to Hire Based on Pregnancy in New Jersey

Failure to Hire Based on Pregnancy

Employers may have stereotypes about pregnant workers that make it harder for a pregnant worker to get a job. However, it is unlawful for an employer to discriminate against pregnant job applicants in New Jersey. An employer's failure to hire based on pregnancy may entitle a job applicant to bring a lawsuit for damages under federal laws as well as New Jersey laws. The New Jersey pregnancy discrimination lawyers at Phillips & Associates are aggressive advocates for women who have been rejected from jobs for which they are qualified simply due to their pregnancy. Call today for a free consultation at (866) 229-9441.

The Pregnancy Discrimination Act

Federal laws prohibit failure to hire based on pregnancy. The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964, making it illegal for covered employers to discriminate based on pregnancy in any aspect of employment, including hiring. In order to file a lawsuit under Title VII, you will need to first file a charge with the Equal Employment Opportunity Commission (“EEOC”), which enforces the law. The EEOC may investigate your claim or recommend mediation. Title VII only covers employers with 15 or more employees so if you were rejected from a smaller employer, the New Jersey State laws would be your avenue towards recovery.

New Jersey Law Against Discrimination (“NJLAD’)

For people applying to smaller companies, it may be appropriate to turn to the New Jersey Law Against Discrimination (“NJLAD”) for recourse. The NJLAD has also been amended to prohibit discrimination against pregnant job applicants. A prospective employer cannot take pregnancy into consideration when making hiring decisions.

Proof of Pregnancy Discrimination

Proving that you suffered from pregnancy discrimination may be challenging. Very few employers will say that they did not hire you because of your pregnancy. Nevertheless, some employers may give inadvertent hints that they are taking your pregnancy into consideration such as staring at your stomach, asking about family plans, or even asking “when are you due?” Generally, we need to prove your case through evidence or circumstantial evidence that makes it more likely than not that your pregnancy was the reason why you were not hired.

Proof might include testimony from a person with firsthand knowledge that your pregnancy was the reason why you were not hired, documents that show that the employer acted in a way that does not make business sense or deviates from usual practices, and statistics regarding who has been hired or not hired by the employer. Also, timing may make a huge difference. If the employer treated your application differently after learning that you were pregnant, that may result in an inference of discrimination.

Contact a Pregnancy Discrimination Lawyer in New Jersey

While it may be challenging to establish a claim for failure to hire based on pregnancy, an experienced New Jersey lawyer may make a difference to your ability to recover damages. The employment attorneys at Phillips & Associates are aggressive and knowledgeable. You should contact us as soon as you are aware that you may have a claim. Contact us at (866) 229-9441 or through our online form to schedule an appointment. We help people in Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington, and Camden Counties.

PHILLIPS & ASSOCIATES 
100 Overlook Center, 2nd Floor 
Princeton, NJ 08540 
Tel: (866) 229-9441