Most people who contact our firm regarding pregnancy discrimination feel a devastating mix of joy and panic. You announced your pregnancy, expecting congratulations. Instead, the atmosphere shifted. Suddenly, your hours were cut, you were passed over for a promotion, you were denied basic physical accommodations, or—worst of all—you were “laid off” just weeks before your maternity leave was set to begin.
Many employers will try to disguise pregnancy discrimination as a “restructuring,” a “reduction in force,” or sudden “performance issues.” They rely on the fact that expecting mothers are too stressed, tired, and focused on their health to fight back.
But the law is explicitly on your side. In both New Jersey and Pennsylvania, pregnancy discrimination is a form of illegal sex discrimination. With the recent addition of powerful new federal laws, your rights to workplace accommodations and job protection are stronger than ever.
Here is how to tell if your employer has crossed a legal line, what accommodations you are legally owed, and what steps you can take to protect your career and your growing family.
Pregnancy Rights in NJ and PA
At a Glance: Legal Actions vs. Pregnancy Discrimination
The Legal Framework: Your Protections in NJ and PA
Your protections against pregnancy discrimination come from an overlapping net of federal and state laws.
The Federal Laws (PDA and PWFA)
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The Pregnancy Discrimination Act (PDA): An amendment to Title VII of the Civil Rights Act, the PDA applies to employers with 15+ employees. It strictly forbids discrimination based on pregnancy, childbirth, or related medical conditions when it comes to hiring, firing, pay, or promotions.
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The Pregnant Workers Fairness Act (PWFA): This powerful new federal law requires employers (15+ employees) to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions—unless the accommodation will cause the employer an “undue hardship.”
New Jersey Protections (NJLAD)
The New Jersey Law Against Discrimination (NJLAD) offers incredibly robust protections. Unlike federal law, it applies to almost all employers, regardless of size. The NJLAD explicitly prohibits pregnancy discrimination and requires employers to provide reasonable workplace accommodations—such as bathroom breaks, breaks for increased water intake, periodic rest, modified work schedules, and temporary transfers to less strenuous work.
Pennsylvania Protections (PHRA)
The Pennsylvania Human Relations Act (PHRA) applies to employers with four or more employees. It prohibits sex discrimination, which the courts recognize as including discrimination based on pregnancy and childbirth.
Family and Medical Leave (FMLA & NJFLA)
If you qualify for the federal Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA), your employer cannot legally fire you for requesting or taking the job-protected leave you are entitled to.
Do I Have a Pregnancy Discrimination Case?
Discrimination is rarely overt. You likely will not get an email saying, “We are firing you because you are pregnant.” Instead, you need to look for inconsistencies in your employer’s behavior.
What Evidence Matters Most?
To prove pregnancy discrimination, an employment lawyer will help you gather evidence that exposes the employer’s stated reason for firing or demoting you as a pretext (a cover-up). Strong evidence includes:
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The Paper Trail: Save all emails related to your pregnancy announcement, requests for accommodations, and FMLA/leave paperwork.
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Doctors’ Notes: Keep copies of the exact medical notes you provided to HR detailing your requested accommodations.
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Inconsistent Enforcement: Documentation showing that non-pregnant employees with similar limitations (like temporary injuries) were treated better than you.
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Positive Performance Reviews: Copies of your stellar performance evaluations prior to your pregnancy announcement.
What to Do in the First 48 Hours
If you are experiencing discrimination, denial of accommodations, or if you have just been fired, your immediate actions are vital:
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Get Accommodation Denials in Writing: If your boss verbally refuses to let you sit down or carry a water bottle, send a follow-up email confirming the conversation: “Per our discussion today, I am confirming that you have denied my doctor’s request for me to sit on a stool during my shift.”
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Do Not Sign a Severance Agreement: If you are fired while pregnant, your employer may offer you a severance package. Do not sign it. Severance agreements almost always require you to waive your right to sue. Have an employment lawyer review it first.
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Preserve Your Records: Forward important HR communications, leave requests, and performance reviews to your personal email address.
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Speak with an Employment Attorney: Pregnancy discrimination cases are highly time-sensitive. The sooner you seek counsel, the better protected you are.
Download Available
Pregnancy_Discrimination_Rights
Pregnancy Discrimination at work – Understanding Your Rights in NJ and PA
Frequently Asked Questions (FAQs)
Can I be fired while pregnant in NJ or PA?
Yes, but your employer cannot fire you because you are pregnant. If you are terminated shortly after announcing your pregnancy or requesting maternity leave, the timing is highly suspicious and may be evidence of illegal pregnancy discrimination or workplace retaliation.
Does my employer have to give me light duty or accommodations?
Generally, yes. Under the federal Pregnant Workers Fairness Act (PWFA) and the NJLAD, employers must provide reasonable accommodations for pregnancy and childbirth-related conditions—such as light duty, extra bathroom breaks, or a stool to sit on—unless it causes an undue hardship on the business.
Do I have to tell an interviewer I am pregnant?
No. You are not legally required to disclose your pregnancy during a job interview, and it is illegal for an employer to ask if you are pregnant or plan to become pregnant. It is also illegal to refuse to hire you because of your pregnancy.
What if my boss forces me to start my maternity leave early?
If you are still able to perform the essential functions of your job, your employer cannot force you to take leave early just because they think you “look too tired” or because they assume it is safer for you. Forced leave is a form of pregnancy discrimination.
Is breastfeeding or pumping at work protected?
Yes. Both federal law (the PUMP Act) and New Jersey state law explicitly protect the rights of nursing mothers to have reasonable break time and a private, non-bathroom space to express breast milk at work.
How long do I have to file a pregnancy discrimination claim?
Deadlines vary. In New Jersey, you generally have two years to file a lawsuit under the NJLAD. In Pennsylvania, you have 180 days to file with the PHRC. Federal EEOC claims generally must be filed within 300 days in both states.
Speak to a Pregnancy Discrimination Lawyer in NJ & PA
You should not have to choose between a healthy pregnancy and keeping your job. If you were denied basic accommodations, demoted after announcing your pregnancy, or fired right before your maternity leave, it is time to look closely at your legal options.
You do not have to guess about your rights.
Contact Swartz Swidler LLC today for a free, confidential legal consultation. Our attorneys exclusively protect employees in New Jersey and Pennsylvania. We will help you understand the strength of your case, protect your career, and outline your safest path forward.
