A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.


Employment Pregnancy Discrimination

Pregnancy can be a physically demanding time. Pregnant employees may have more trouble standing for a full shift. They may need to take extra bathroom breaks, or no longer be able to work the same schedule as they worked prior to pregnancy. Employers punishing employees for not being able to work as they did before becoming pregnant may be grounds for a pregnancy discrimination lawsuit. Under the New Jersey Law Against Discrimination, pregnant workers are specifically protected from discrimination, so it’s important you understand whether or not you’ve been a victim of pregnancy discrimination.

Who Is Protected Under the Law Against Discrimination (LAD)?

In 2014, New Jersey amended the state Law Against Discrimination (LAD) to provide additional protection to pregnant workers. The law now specifically protects workers who need accommodation due to pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, if the employee requests the accommodation based on the advice of a physician.

What Employers Can't Do

Employers are prohibited from refusing to hire an applicant because of pregnancy, firing an employee due to pregnancy, or treating a pregnant employee less favorably due to the pregnancy. New Jersey employers are not allowed to discriminate against employees whom they know, or even should know, are “affected by pregnancy.” Employers are also prohibited from retaliating against an employee for requesting accommodation.

The Exceptions

Employers are not required to provide every accommodation the employee requests. Employers are only required to provide reasonable accommodations that do not cause an undue hardship to the employer’s business. This may depend on the size of the employer’s business, the number of employees there are, the structure of the workforce, and the type of accommodation needed.

Do you believe you’ve been discriminated against because you are pregnant? It’s important to act quickly to find out if you may have a pregnancy discrimination case. Since every situation is different, an experienced NJ pregnancy discrimination attorney can help you fully understand your rights under the LAD.

The attorneys at Hyderally & Associates are ready to help you. They have experience working with the LAD, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer for pregnancy discrimination. Call an experienced pregnancy discrimination attorney in New Jersey at (973) 509-8500.

This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.

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