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 take 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 lawyers at Phillips & Associates, PLLC, may be able to help you.

Call Phillips & Associates, PLLC, today at (866) 229-9441 or contact us online to schedule a consultation with our pregnancy discrimination attorney in Princeton.

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 your employer is covered by this law, 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 they are disabled by the pregnancy. 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) do 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.

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 in order to get light duty or an accommodation, an employer may also require a pregnant worker to submit a doctor's note.

Additionally, under the Family Medical Leave Act (FMLA), new parents whose employers are covered by the FMLA may be eligible for 12 weeks of leave that may be used to care for a new child. To be eligible, you need to have worked for an FMLA-covered employer for 12 months before you take the leave. Our pregnancy discrimination attorneys can help Princeton employees determine whether this law applies to them.

While federal laws apply to larger employers, the New Jersey Law Against Discrimination (NJLAD) prohibits discrimination against pregnant women, as well as people affected by childbirth or pregnancy-related medical conditions, regardless of the size of their employer. Employers may not treat pregnant workers less favorably than non-pregnant workers who have similar work abilities. They are generally required to give pregnant employees reasonable accommodations if these are requested at the advice of their physicians. These accommodations may include periodic rest, help with manual labor, bathroom breaks, job restructuring, or a modified work schedule. If a requested accommodation imposes an undue hardship on the employer, however, it may be denied. The business' size, the nature of its operations, the extent to which the accommodation would change the nature of the job, and the cost may all be considered when determining whether an undue hardship exists.

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.

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 prior to 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) 229-9441 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, today to get started with our Princeton pregnancy discrimination lawyers.