Navigating pregnancy while balancing a career is challenging enough without facing discrimination in the workplace. Unfortunately, pregnancy discrimination persists despite clear protections under state and federal law. This guide explores the realities of pregnancy discrimination, your legal rights, and the vital role an employment law attorney can play in protecting them.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfavorably because they are pregnant, planning to become pregnant, or have a pregnancy-related condition. This discrimination can take various forms, from harassment and bias in hiring decisions to punitive work assignments and wrongful termination.
Under both the Pregnancy Discrimination Act (PDA) and the New Jersey Law Against Discrimination (NJLAD), employers must treat pregnant employees with the same respect and rights as other employees with similar abilities and limitations.
Common Examples of Pregnancy Discrimination
Discrimination isn’t always straightforward or easy to recognize. Here are unique ways pregnancy discrimination might appear in the workplace:
Reduced Responsibilities and Role Changes
A pregnant employee in a project management role may suddenly be given fewer responsibilities “for her own well-being,” a well-meaning but discriminatory action that can impact career growth and future opportunities.
Denial of Necessary Adjustments
If a pregnant worker requires frequent breaks, her request should be treated as any other medically required accommodation. Refusing breaks or access to seating when needed can be discriminatory.
Unwanted Shifts or Transfers
A retail employee, after disclosing her pregnancy, might be assigned less desirable shifts or moved to an isolated location under the pretense of reducing her stress—a move that, without consent, could constitute discrimination.
Denied Opportunities for Promotion
Some employers assume pregnant employees won’t be interested in or capable of taking on promotions. This assumption, if acted upon, can lead to missed career advancement based solely on a worker’s pregnancy.
How the Law Protects Expectant Mothers in New Jersey
New Jersey has laws in place to protect expectant mothers from discrimination, specifically through NJLAD and the Pregnant Workers Fairness Act (PWFA). These laws require employers to make reasonable accommodations for pregnant employees and prohibit punitive measures against those who request them. This could include lighter duties, different schedules, or even remote work options where feasible.
The PWFA requires that employers provide accommodations to pregnant workers unless these accommodations would create “undue hardship.” This protection applies to all businesses with 15 or more employees. A pregnancy discrimination lawyer can help you navigate these protections and make a strong case if your rights are violated.
Identifying Pregnancy Discrimination at Work
Identifying pregnancy discrimination is essential to protecting your career and personal well-being. Here are a few signs that you may be facing unfair treatment at work:
Unfounded Concerns About Your Abilities
If supervisors frequently question your ability to complete tasks without prior issues or start making assumptions about your productivity, this may be a sign of bias related to your pregnancy.
Negative Changes to Performance Reviews
Sudden shifts in performance reviews without reasonable cause, especially when tied to concerns about your pregnancy, could be discrimination.
Reduced Communication from Management
If you notice that once regular updates, team meetings, or decision-making discussions no longer include you, this might indicate discriminatory sidelining based on pregnancy status.
The Importance of Documenting Incidents
If you suspect pregnancy discrimination, it’s essential to document each instance of possible bias or unfair treatment. Record dates, names, and detailed descriptions of incidents as well as any relevant emails or messages. This documentation is valuable for both your understanding of events and as evidence should you decide to file a complaint or lawsuit. A pregnancy discrimination lawyer can review this information and advise on the best course of action.
Filing a Pregnancy Discrimination Complaint
In New Jersey, pregnancy discrimination complaints can be filed with the New Jersey Division on Civil Rights (DCR) or the U.S. Equal Employment Opportunity Commission (EEOC). You typically have 180 days from the incident to file with the DCR, and up to 300 days to file with the EEOC. Working with an experienced employment law attorney can ensure that you meet these deadlines and gather compelling evidence to support your claim.
How a Pregnancy Discrimination Lawyer Can Help
A skilled pregnancy discrimination lawyer can make a significant difference in the outcome of your case. From helping you understand your rights to representing you in hearings or negotiations, a lawyer experienced in employment law will protect your interests and pursue the compensation or resolution you’re seeking.
Legal Guidance Through Complex Employment Laws
Navigating employment law alone can be daunting. A lawyer knowledgeable in state-specific protections can clarify the laws that apply to your situation and help you decide on the best course of action.
Building a Strong Case
Compiling evidence, preparing documents, and structuring arguments are critical steps in building a successful discrimination case. Your lawyer can assist with all these details, making sure that each element is thorough and persuasive.
Negotiation and Representation
A pregnancy discrimination lawyer will negotiate with employers or their legal representatives to seek a fair resolution. Whether the goal is compensation, reinstatement, or another outcome, an attorney ensures your voice is heard.
How New Jersey Laws Are Evolving to Protect Expectant Mothers
New Jersey’s employment laws continue to evolve, with recent updates reinforcing protections for pregnant employees. The PWFA and NJLAD reflect New Jersey’s commitment to supporting workers’ rights to safe, accommodating, and discrimination-free workplaces. However, staying updated on these laws is vital, as interpretations and requirements can shift. Consulting an employment law attorney ensures that you understand your rights based on the most current legal standards.
Contact Lipari & Deiter if You Believe You Faced Pregnancy Discrimination in New Jersey
Facing pregnancy discrimination can be overwhelming and deeply personal, but you don’t have to face it alone. If you’re in Atlantic City, New Jersey and believe you’ve experienced discrimination based on your pregnancy, reach out to our dedicated team. Our experienced employment law attorneys will help protect your rights, guide you through the process, and fight for fair treatment.
Contact Lipari & Deiter today at (609) 645-9400 to learn how we can support you.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.