New Jersey Pregnancy Discrimination Lawyers Assisting Workers in Hackensack
Pregnancy discrimination affects far too many job applicants and employees, and there are laws in place to protect individuals against pregnancy discrimination and to hold employers accountable. According to the New Jersey Law Against Discrimination (LAD), “pregnant women are vulnerable to discrimination in the workplace in New Jersey, as indicated in reports that women who request an accommodation that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth, are being removed from their positions, placed on unpaid leave, or fired.”
If you have faced any of these forms of pregnancy discrimination, or if you believe you were otherwise discriminated against in the workplace on the basis of pregnancy, you should seek advice from an experienced Hackensack employment lawyer as soon as you can. You may be eligible to file a claim and to seek a remedy.
What is Pregnancy Discrimination in Hackensack?
Pregnancy discrimination in Hackensack, New Jersey can include any adverse or unfavorable treatment of a job applicant or an employee on the basis of that person’s pregnancy or pregnancy-related disability. Employers can be responsible for pregnancy discrimination that occurs in job advertising, interviewing, hiring, promoting, offering benefits or training, or terminations and layoffs.
State and Federal Laws Prohibit Pregnancy Discrimination in Hackensack, NJ
Job applicants and employees have express protections against pregnancy discrimination under federal and state law, including the following:
- Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964 to include pregnancy discrimination as part of the prohibitions against sex discrimination; and
- New Jersey Law Against Discrimination (LAD).
In addition, job applicants and employees may have certain protections related to pregnancy under the federal Americans with Disability Act of 1990 (ADA), the federal Family and Medical Leave Act (FMLA), and the New Jersey Family Leave Act (NJFLA).
The LAD applies more broadly to New Jersey workplaces than the federal laws mentioned. Under the New Jersey LAD, employers of all sizes must abide by the law, meaning that employees are protected against pregnancy discrimination regardless of whether they work for an employer with only one or two employees or an employer with hundreds of workers. Title VII of the Civil Rights Act of 1964, and thus the PDA, applies to employers that have 15 or more employees.
Examples of Hackensack Pregnancy Discrimination in the Workplace
What kinds of actions constitute unlawful pregnancy discrimination in New Jersey? The following are examples of potentially unlawful pregnancy discrimination in Hackensack workplaces:
- Refusing to provide periodic rest, bathroom breaks, or other reasonable accommodations to pregnant employees or employees who have a temporary pregnancy-related disability;
- Refusing to interview or hire an employee because she is pregnant;
- Terminating or laying off an employee after learning about her pregnancy;
- Refusing to allow a pregnant employee to exercise rights under the federal Family and Medical Leave Act (FMLA), and the New Jersey Family Leave Act (NJFLA);
- Harassment of an employee because the employee is pregnant;
- Refusing to promote an employee because she is pregnant;
- Paying an employee less, or cutting an employee’s pay, after learning of her pregnancy; or
- Firing an employee who files a claim or pregnancy discrimination in retaliation for the employee exercising rights under state or federal law.
Employer Liability for Pregnancy Discrimination in Hackensack
An employer can be liable for pregnancy discrimination in the New Jersey workplace when the employer is the party engaging in pregnancy discrimination. Yet it is critical to know that employers can also be liable for forms of pregnancy discrimination on the job that are perpetrated by other parties.
For example, employers have a duty to have policies in place to address workplace harassment, including pregnancy harassment. When employers do not take steps to investigate and remedy pregnancy harassment in the workplace, they can be responsible for resulting harm.
Seek Advice from a Hackensack Pregnancy Discrimination Attorney
If you have faced pregnancy discrimination in any aspect of employment, you should seek advice from one of our experienced Hackensack pregnancy discrimination attorneys as soon as possible. Female job applicants and employees face pregnancy discrimination much too often, ranging from unlawful termination or refusal to hire because of a pregnancy, or discrimination based on a pregnancy-related condition. Even if your employer did not directly discriminate against you, your employer may be liable if it failed to take steps to remedy pregnancy harassment in the workplace. Do not hesitate to get in touch with our New Jersey employment discrimination lawyers to find out more about how we can help you with your claim. Contact Zatuchni & Associates for more information.