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Pregnancy Discrimination Attorneys

Princeton Pregnancy Discrimination Lawyers

Fighting For Pregnancy Discrimination Victims Throughout New Jersey

In many cases, workers are affected by their pregnancies. They may need to avoid certain hazardous work, take more frequent water breaks, or make more trips to their obstetrician. Under both federal and New Jersey laws, employers are not permitted to engage in pregnancy discrimination or treat a woman unfavorably due to her pregnancy, childbirth, or any related medical conditions. If you are a woman who has experienced pregnancy-related mistreatment in your workplace, the Princeton pregnancy discrimination attorneys at Phillips & Associates, PLLC, may be able to help you.

Navigating Legal Pathways in New Jersey

When you suspect pregnancy discrimination, it is crucial to understand the legal pathways available in New Jersey. Consulting with a qualified pregnancy discrimination lawyer near you can help clarify your rights under state and federal laws. Your attorney will guide you through the filing process, ensuring all necessary documentation is collected and deadlines are met. Understanding the nuances of New Jersey law, which often provides more robust protections than federal legislation, is key to successfully navigating your claim.

Legal guidance is indispensable, especially considering the variances in how cases can unfold based on specific circumstances. From initial complaints with the New Jersey Division on Civil Rights (DCR) to potential court proceedings, each step requires careful preparation and strategy. Seeking legal advice early can provide a clearer understanding of your prospects and may increase the likelihood of a favorable outcome. At Phillips & Associates, PLLC, our attorneys work diligently to provide the support and resources necessary to navigate these complex legal paths effectively.

Call Phillips & Associates, PLLC, today at (866) 475-4267 or contact us online to schedule a consultation with a pregnancy discrimination attorney at our firm.

Your Rights Against Pregnancy Discrimination in New Jersey

The Pregnancy Discrimination Act (PDA) is a federal law that provides protection to pregnant employees. It amended Title VII of the Civil Rights Act of 1964, making it illegal for employers with 15 or more employees to discriminate on the basis of pregnancy, childbirth, or related medical conditions. In other words, if you are a woman who is affected by your pregnancy, and this law covers your employer, you are to be treated the same way as other applicants or employees who are similar in their inability or ability to work.

New Jersey Pregnancy Discrimination Protections

The New Jersey Law Against Discrimination (NJLAD) law provides even greater protections to pregnant employees or employees who are affected by their pregnancy, regardless of whether or not the pregnancy disables them. In fact, employers in New Jersey are obligated to provide requested accommodations to pregnant employees under the New Jersey Pregnant Worker's Fairness Act (PWFA), which amends the NJLAD. The PWFA covers all employers in New Jersey, regardless of their size, other than federal employers.

This law goes further than the federal PDA and the Americans with Disabilities Act (ADA) in protecting pregnant workers. While the PDA and the ADA require employers to treat pregnant employees the same as they would other workers who have short-term disabilities, New Jersey requires employers to go further. There is no minimum employee requirement, and the law allows you to sue an employer for pregnancy discrimination. Employers may be held liable if they treat a female employee whom they know, or should have known, is affected by pregnancy in any way less favorably than a similarly situated worker who is not pregnant. Our pregnancy discrimination lawyers can help Jersey City residents and employees bring a claim on this basis.

Understanding these protections involves knowing that New Jersey mandates proactive steps from employers beyond simply not discriminating. Employers are encouraged to develop and implement pregnancy-friendly policies, ensuring their workforce knows about the rights and accommodations available. Clear communication about these policies is not only beneficial for compliance but also fosters a more inclusive and supportive work environment.

Connect with an experienced pregnancy discrimination lawyer in Princeton as soon as possible. Dial (866) 475-4267 or submit an online form.

Accommodations for Pregnancy-Related Conditions

There are a number of medical conditions that might accompany a pregnancy, including preeclampsia and gestational diabetes. An employer might need to provide a reasonable accommodation to a worker who suffered a pregnancy-related disability unless it could show that it would present an undue hardship to do so. However, when employees with temporary disabilities must submit a doctor's note to get light duty or an accommodation, an employer may also require a pregnant worker to submit a doctor's note.

Pregnant employees need to be aware of their right to request accommodations such as modified work schedules, assistance with physical tasks, or even temporary reassignments to different duties. Employers should be prepared to actively engage in an interactive process, discussing with the employee the most feasible accommodations. Employees owe it to themselves to meticulously document these requests and any responses, as this documentation can be integral should an issue arise later.

In some cases, accommodations might also include providing necessary equipment to ensure a safer work environment or adjusting policies to better suit a pregnant employee’s needs. Engaging openly with HR departments and ensuring your healthcare provider's recommendations are well-documented can greatly aid in securing appropriate accommodations.

What Proof Do I Need in a Pregnancy Discrimination Claim?

Proving pregnancy discrimination can be challenging, as employers may attempt to justify their actions with non-discriminatory reasons, such as poor performance or business necessity. However, certain types of evidence can strengthen your case and demonstrate that your pregnancy was the true reason for the adverse action taken against you. 

To build a strong pregnancy discrimination claim, the following proof is often needed:

  • Documented Communication with Your Employer: Written records, such as emails, memos, or text messages, can show when you informed your employer of your pregnancy and how they responded. If there was a sudden change in your treatment after disclosing your pregnancy, this may serve as important evidence.
  • Performance Evaluations: Your performance history before and after disclosing your pregnancy is critical in showing that your termination, demotion, or other adverse action was not related to your job performance. Consistent positive reviews followed by negative feedback after revealing your pregnancy may indicate discrimination.
  • Witness Testimonies: Statements from coworkers or supervisors who witnessed discriminatory comments, actions, or policies can corroborate your claims. If other employees were treated better in similar circumstances, this could also help prove that you were treated differently because of your pregnancy.
  • Comparative Treatment: Evidence that non-pregnant employees in similar situations were treated more favorably can be a strong indicator of discrimination. For instance, if you were denied reasonable accommodations or placed on unpaid leave while other employees with similar conditions (such as temporary disabilities) received accommodations, this could support your case.
  • Medical Records and Documentation of Accommodations: If you requested accommodations due to pregnancy-related medical conditions, it’s essential to have medical records and formal requests to demonstrate that your employer failed to provide reasonable accommodations or retaliated against you for making such requests.
  • Timing of Adverse Actions: The timing of any negative employment actions taken against you—such as demotion, termination, or reduced hours—can be a key factor in proving pregnancy discrimination. If these actions occurred shortly after you announced your pregnancy or requested maternity leave, it may suggest that your employer was motivated by discriminatory intent.

The Importance of Awareness and Advocacy

Raising awareness about pregnancy discrimination and advocating for fair treatment are critical components in combating workplace inequalities. Employees should be educated about their rights under the PDA and NJLAD, empowering them to speak up against injustices. Advocacy can also take the form of promoting policy changes within corporations to foster more inclusive environments.

Local organizations and advocacy groups play a significant role in this effort, offering resources and support to those affected by pregnancy discrimination. By participating in workshops, seminars, and discussions, both employees and employers can better understand their roles in eradicating discrimination. Organizations like the New Jersey Institute for Social Justice offer valuable insights and assistance to those managing discrimination in the workplace. Together, raising awareness and advocating for change can result in more equitable treatment across all job sectors, ensuring a fair and just work environment for everyone in Princeton and beyond.

For experienced guidance, turn to a skilled Princeton pregnancy discrimination attorney at Phillips & Associates, PLLC. Contact us or call (866) 475-4267 to secure a free consultation.

FAQs About Pregnancy Discrimination in Princeton

What Steps Should I Take If I Experience Pregnancy Discrimination?

Experiencing pregnancy discrimination can be distressing, but knowing your rights and the steps to take can make a significant difference. First, document everything related to the discriminatory actions, including dates, conversations, and any relevant communications with your employer. This documentation is crucial for building a strong case. Next, report the discrimination to your HR department or a supervisor, as this internal documentation can also be used as evidence. If internal remedies do not yield results, consider consulting with a Princeton pregnancy discrimination attorney to understand your legal options.

How Does the NJLAD Protect Pregnant Employees?

The New Jersey Law Against Discrimination (NJLAD) offers more extensive protection to pregnant employees compared to federal laws. It requires employers to provide reasonable accommodations to pregnant employees, without the stringent size restrictions of the federal Pregnancy Discrimination Act. The NJLAD also prohibits retaliation against employees who request accommodations or file complaints, ensuring pregnant employees can pursue their rights without fear of losing their jobs. Under this law, employers in New Jersey must treat pregnant employees with the same considerations they would offer to any employee or applicant with comparable temporary disabilities.

Can I Take Legal Action if My Accommodation Request Is Denied?

If your accommodation request related to pregnancy is denied, and you believe it is unjust, legal action may be an option. It's critical to understand why the request was denied. Employers can refuse accommodations if they pose an undue hardship; however, this can be subjective and open to interpretation. Engaging in a dialogue with your employer to explore alternative accommodations or adjustments first is wise. If these discussions do not resolve the issue, consulting with a Princeton pregnancy discrimination attorney can help determine whether a claim under the NJLAD or other relevant laws is appropriate. Legal representation will investigate the potential for discrimination and advise you on the best course of action.

What Is the Role of the New Jersey Division on Civil Rights?

The New Jersey Division on Civil Rights (DCR) plays a pivotal role in enforcing laws against discrimination, including pregnancy discrimination. This agency investigates complaints, mediates between parties, and, if necessary, prosecutes violations of the NJLAD. Filing a complaint with the DCR can be a decisive step if you believe you have been discriminated against due to pregnancy. The DCR provides resources and support throughout the process, helping complainants understand their rights and guiding them through the procedures necessary to resolve disputes, whether through settlement or litigation.

How Can Phillips & Associates Assist in Pregnancy Discrimination Cases?

At Phillips & Associates, PLLC, our team of attorneys provides comprehensive support to those facing pregnancy discrimination. Understanding the intricacies of both federal and state laws, we guide clients through each step of the legal process. Our client-first approach ensures that your needs are prioritized while navigating claims and potential settlements. We are committed to fighting for your rights and securing the best possible outcome without upfront fees unless compensation is achieved. By leveraging our experience and dedication, we strive to offer the legal representation and advocacy you need to address and resolve issues of discrimination effectively.

Contact Our Princeton Pregnancy Discrimination Attorneys Today

Princeton is a municipality best known for its world-class Ivy League university and for being home to many large companies and industries. Also, it was founded before the American Revolution. If you believe that you have been a victim of pregnancy discrimination on the job, the Princeton pregnancy discrimination attorneys at Phillips & Associates may be able to provide legal representation in a lawsuit to pursue damages. Contact us at (866) 475-4267 or through our online form to set up a free appointment. Our employment lawyers help people in communities such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington, and Camden Counties.

Contact Phillips & Associates, PLLC at (866) 475-4267 to set up an appointment with a skilled Princeton pregnancy discrimination lawyer. Your initial consultation is free of charge.

Discrimination Lawyer Success

MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
  • $1.8 Million Race Discrimination

    Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.

  • $280 Thousand Race Discrimination

    Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.

  • $2.2 Million Race Discrimination & Retaliation

    Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.