Some New Jersey employers discriminate against job applicants and employees based on their pregnancy status. Employers might refuse to hire women who are pregnant or question the hiring of women of childbearing age, deny promotions and training opportunities to women because they might get pregnant in the future, or wrongfully terminate women based on pregnancy or taking pregnancy-related leave. All of these types of actions are illegal under the Pregnancy Discrimination Act (PDA) and the New Jersey Law Against Discrimination (NJLAD). Pregnant workers may also be protected under a few other laws. Women who believe they have been discriminated against based on pregnancy or pregnancy-related conditions should speak to a pregnancy discrimination lawyer in New Jersey at the law firm of Swartz Swidler about their rights.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats pregnant women differently based on their pregnancies than they treat other employees in the workplace. This type of discrimination can take several forms and is illegal during all the stages of the employment relationship from hiring to firing. Some examples of illegal pregnancy discrimination might include the following:
- Asking candidates during interviews whether they plan to have children
- Including statements in job advertisements that pregnant people shouldn’t apply
- Denying a promotion to an employee based on her pregnancy or intention to get pregnant
- Demoting a worker based on her pregnancy
- Firing an employee for taking FMLA maternity leave to bond with a new baby
- Terminating an employee for requesting reasonable accommodations for pregnancy-related conditions
- Requiring a worker to end FMLA leave early after childbirth under the threat of termination
Here’s a look at the laws that protect pregnant workers.
Pregnancy Discrimination Act
The Pregnancy Discrimination Act of 1978 is a federal law that prohibits workplace discrimination based on an applicant’s or employee’s pregnancy status. This law applies to all aspects of employment from hiring to firing and applies to employers with 15 or more employees. The PDA allows workers to pursue the following types of damages:
- Back pay
- Front pay
- Job reinstatement
- Emotional distress
- Costs of seeking other employment
- Lost benefits
- Punitive damages
However, the PDA limits the total compensatory and punitive damages a plaintiff might recover based on the employer’s size as follows:
- 15 to 100 employees – Limit of $50,000
- 101 to 200 employees – Limit of $100,000
- 201 to 500 employees – Limit of $200,000
- 501 employees plus – Limit of $300,000
This law also doesn’t apply to employers with fewer than 15 employees.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) prohibits workplace discrimination based on many different protected characteristics, including a worker’s pregnancy status. Unlike the PDA, this law applies to all employers operating in the state of New Jersey, including those with fewer than 15 employees. If a worker was discriminated against by a smaller employer and can’t file a pregnancy discrimination lawsuit under the PDA, they might be entitled to pursue compensation under the NJLAD. A pregnancy discrimination lawyer in New Jersey at Swartz Swidler can review your case and help you understand which law or laws might provide a basis for pursuing compensation.
Americans with Disabilities Act
Pregnancy is not a recognized disability under the Americans with Disabilities Act (ADA). However, pregnancy-related conditions, including gestational diabetes and others, are protected. Employers must provide the same types of reasonable accommodations to pregnant employees as they do to other employees with temporary disabilities. If an employer wrongfully denies an employee’s request for a reasonable accommodation, the employee might have grounds to pursue a claim under the ADA.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that provides job-protected leave to certain employees working for covered employers for up to 12 weeks per year. This law applies to employees who have been employed for a minimum of one year by an employer and have worked for at least 1,250 hours during the past 12 months. Covered employers include those with at least 75 workers within a 75-mile radius of each other.
The FMLA specifically allows eligible employees to take up to 12 weeks of unpaid leave to care for their pregnancy-related conditions or to bond with a new baby. The leave is job-protected, which means the employee must be returned to their position or to one that is substantially similar in terms, conditions, and pay at the end of their leave.
New Jersey Family Leave Act
The New Jersey Family Leave Act allows employees to take up to 12 weeks off from work during a year to care for the serious medical conditions of their immediate family members. While it doesn’t allow employees to take time off from work for pregnancy-related conditions, it does allow them to take leave to bond with a new child.
Get Help from a Pregnancy Discrimination Lawyer in New Jersey
Depending on the facts and circumstances of your case, you might have grounds to pursue a claim against your employer under several laws when you have been the victim of unlawful pregnancy discrimination. Our attorneys can analyze your case and explain the legal remedies that might be available. Call Swartz Swidler for a free consultation today at (856) 685-7420.
