Have you Been Discriminated Against at Work Due To Becoming Pregnant? Contact us today.
The State of New Jersey’s Law Against Discrimination provides protections for pregnant workers, as well as important accommodations. The law did not initially specifically address pregnancy and pregnancy-related conditions as protected classes, but it has been strengthened by the establishment of the New Jersey Pregnant Worker’s Fairness Act (PWFA), which specifically added pregnancy to the list of categories provided protection by the Law Against Discrimination. The PWFA makes filing complaints for discrimination more straightforward. It provides those who face the complications of high-risk pregnancies with protections and provides time for recovery from childbirth. It mandates that employers provide reasonable accommodations for those who are affected by pregnancy-related complications and symptoms such as morning sickness, the need to go to physician’s appointments, or the need to go to the bathroom more frequently, and to provide a comfortable and hygienic location and opportunity for nursing mothers to breastfeed or pump.
In addition to New Jersey’s broad protections, the United States has a federal law known as the Pregnancy Discrimination Act (PDA) that was written as an amendment to the Civil Rights Act of 1964. The law establishes the rights of women who have been affected by pregnancy, or any pregnancy-related condition, to equal treatment at work. It specifically addresses discrimination on the basis of childbirth, pregnancy, or any related condition. The prohibited practices include refusing to hire a qualified and able woman as a result of her pregnancy and treating her differently in terms of promotions, layoffs, pay, fringe benefits, training, or other employment related issues. Employers are also not permitted to treat pregnancy or pregnancy-related conditions differently when it comes to medical needs, sick leave, or health benefits.
Employers are not permitted to require that employees leave work before they are medically required to (or wish to) as a result of pregnancy, and if they leave work as a result of their pregnancy, a pregnancy-related condition, or to give birth, the employer is not permitted to keep them from returning to work. Any disability related to pregnancy must be treated in the same way that other disabilities are.
We are here to listen and to advise. Our employment attorneys can help protect your rights and we can aggressively pursue employers who violate the laws protecting pregnant women. If you believe that you have a legal issue that you would like to discuss, please call us or e-mail us now for a free initial telephone consultation.
Contact Schorr & Associates for a free initial consultation About Your Workplace Discrimination Claim.
RECENT SETTLEMENTS AND VICTORIES
$9,285,243+
Conscientious Employee (CEPA) Retaliation – Easley v. New Jersey Department of Correction. The jury found that the Department of Corrections retaliated against the employee after she cooperated with the FBI and testified before the Grand Jury regarding extortion by the Department’s Deputy Commissioner.
$650,000
Disability Discrimination (Owens v. NJ Dept of Treasury) – Settlement – Department of Treasury worker suffered permanent vocal chord paralysis after the Department refused to accommodate her laryngitis.
$500,000
National Origin Discrimination (JG v. Camden) – Settlement – Hispanic Schoolchildren alleged that they were forced to eat on the gym floor without plates while non-Hispanic children were permitted to sit at table and eat off plates.
$5,112,184
CEPA verdict (Still v. Orkin, Inc.) – Jury found exterminator was terminated in retaliation for refusing to apply insecticide in an unlawful manner.