Top-Rated Pregnancy Discrimination Attorney Protecting Employee Rights Throughout New Jersey
Pregnant employees should not be treated unfavorably by employers. As a pregnant woman, you have important rights under the federal Pregnancy Discrimination Act (PDA) and state laws such as the New Jersey Law Against Discrimination (LAD). Additionally, pregnant women and people with serious illness are covered by the Family and Medical Leave Act (FMLA). If your rights were violated, you need an experienced attorney on your side.
At Zatuchni & Associates, our New Jersey pregnancy discrimination attorney is a skilled, experienced advocate for employee rights. We are firmly committed to ensuring your fair treatment in the workplace and helping you get justice and compensation for discrimination. Contact us today to set up a free, strictly confidential consultation with a pregnancy discrimination attorney at our firm regarding a discrimination or FMLA claim.
An Overview of Federal and State Pregnancy Discrimination Laws
In New Jersey, pregnant employees are protected against discrimination under both federal and state law. The key federal labor law is the Pregnancy Discrimination Act of 1978. An amendment to Title VII of the Civil Rights Act of 1964, the law strictly prohibits sex discrimination on the basis of pregnancy status. Beyond that, The New Jersey Law Against Discrimination (LAD) clearly bars workplace discrimination against women affected by a pregnancy, childbirth, or related medical conditions. Further, if you’ve come back from a pregnancy leave only to find yourself unemployed, you may be eligible for back pay, front pay, and damages.
The Bottom Line: You should not be treated unfavorably by an employer, supervisor, co-workers, or a customer because of your pregnancy status. Your actual abilities and qualifications matter—not preconceived notions of what you can and cannot do because you are pregnant. If you endured unjust, discriminatory treatment in the workplace, our New Jersey employment attorney can help.
Pregnancy Discrimination is Far Too Common in New Jersey
If you believe that you or your family member was the victim of pregnancy discrimination, you are not alone. Unfortunately, pregnancy discrimination remains far too common in American workplaces. According to official data from the U.S. Equal Employment Opportunity Commission (EEOC), 2,753 formal federal pregnancy discrimination charges were filed in the 2019 Fiscal Year alone.
Of course, this only represents a small percentage of the total amount of pregnancy discrimination. Many people never take official action to challenge the violation. The National Partnership for Women & Families estimates that only a small percentage of pregnancy discrimination in the United States is formally reported. Pregnant employees and job applicants deserve better. You have the absolute right to report discrimination and file a legal claim to seek justice.
Pregnancy Discrimination and Failure to Make Reasonable Accommodations
One of the most important things to know about the rights of pregnant workers is that an employer may be required to make reasonable accommodations. In some ways, pregnancy is similar to a temporary disability for the purposes of federal law. The Americans with Disabilities Act (ADA) requires employers to make accommodations for a wide range of disabilities. The ADA may include pregnancy, along with other medical conditions and illnesses. Some common examples of reasonable accommodations for pregnant employees include:
- Ability to sit down for portions of their shift;
- Restrictions on lifting heaving objects and other strenuous physical activities;
- Other types of light-duty assignments;
- Extra rest-breaks, as appropriate;
- Additional access to short-term or extended medical leave;
- Telecommuting on a full or part-time basis; and
- Other adjustments consistent with medical recommendations.
If you have questions about pregnancy discrimination and reasonable accommodations, our attorneys can help. Do not assume that you are ineligible to receive workplace accommodation. The pregnancy discrimination lawyers at Zatuchni & Associates provide legal services to workers who have suffered discrimination because an employer refused to make adequate accommodations in the workplace or hold a pregnant employee’s job until she returned. Contact us to learn more about how we can help. Our lawyers serve clients in New Jersey seeking financial recovery and justice through the legal system.
Know Your Options If Your Workplace Rights Were Violated
If you or your loved one endured any type of pregnancy discrimination in New Jersey, it is imperative that you get justice. At Zatuchni & Associates, we are committed to ensuring that employees are able to effectively access all available legal remedies. Depending on the specific nature of your New Jersey pregnancy discrimination claim, you may be eligible to recover:
- Lost wages and lost benefits, including back pay;
- Reimbursement of out-of-pocket costs, including attorneys’ fees and similar expenses;
- Compensation for emotional distress and suffering; and
- Other forms of equitable or injunctive relief, including reinstatement.
How to Prove Pregnancy Discrimination in the Workplace
One of the biggest challenges facing employees is proving that discrimination occurred. Most employers are at least dimly aware of the fact that pregnancy discrimination is unlawful. Unfortunately, this means that they have an incentive to try to conceal their true motives. There are many different types of evidence that can be used to help prove pregnancy discrimination. Some notable examples include:
- Your own personal testimony explaining what happened;
- Statements from co-workers and other eyewitnesses;
- Emails, text messages, or voicemails that show discriminatory animus;
- Evidence that non-pregnant employees were treated better;
- Written workplace policies that explicitly or implicitly discriminate based on pregnancy status; and
- Temporal proximity (adverse action being taken shortly after you became pregnant).
Ultimately, every pregnancy discrimination case is different. Relevant evidence can come in a wide range of different forms. In some cases, it may be necessary to take a deposition of a supervisor or your co-workers. A New Jersey pregnancy discrimination attorney can help you take action to get the evidence and information you need to establish liability.
Pregnancy Discrimination in New Jersey: Frequently Asked Questions
What is the Most Common Reason Why Women File Pregnancy Discrimination Claims?
Based on official data from the EEOC, the most common reason why women file a pregnancy discrimination claim is because of wrongful termination. In fact, nearly one-third of all pregnancy discrimination claims are filed by women who contend that they were unlawfully removed from their job simply because they got pregnant. Of course, pregnancy discrimination claims are filed for a wide range of different ranges.
Do Pregnancy Discrimination Protections Apply If I Am Trying to Get Pregnant?
Yes. There are state and federal anti-discrimination laws that protect employees who are actively trying to get pregnant. Though, for a number of different reasons, these cases can be especially complicated. Notably, other discrimination laws may apply as well. As an example, an employer that discriminates against women of childbearing age may be committing sex-based discrimination. Even if an employee is not actively trying to get pregnant, they could still face discrimination on similar grounds based on their age and gender.
Can My Supervisor Ask If I Am Pregnant?
Technically, neither state nor federal law bars a supervisor from asking about an employee’s pregnancy status. That being said, discrimination laws do strictly prohibit an employer from using the information they receive to make employment decisions. Additionally, questions asked in a harassing manner could violate other workplace protections.
My Employer Says They are Just “Trying to Protect Me”—Do I Still Have a Case?
There are many factors that will determine whether or not you have a viable pregnancy discrimination lawsuit in New Jersey. That being said, your employer does not have the right to defend a claim on the grounds that they are “trying to protect you” or are putting in restrictions “for your own good.”
The law is clear: The Pregnancy Discrimination Act prevents an employer from treating a pregnant worker less favorably based on assumptions, preconceptions, or stereotypes. You may have been the victim of pregnancy discrimination even if your employer claims that they were trying to protect you.
Am I Not Sure If It is Pregnancy Discrimination—What Should I Do?
You should set up a free, confidential, and no-obligation initial consultation with an experienced New Jersey pregnancy discrimination attorney. While discrimination is sometimes clear and obvious to everyone involved, there are also plenty of other cases where discrimination is more subtle and more complicated. Do not assume that you are without legal rights or legal options. An experienced employment lawyer will be able to review your case, answer your questions, and help you take action.
How Our New Jersey Pregnancy Discrimination Lawyer Can Help
Pregnancy discrimination claims are notoriously complex. You need a skilled professional in your corner. David Zatuchni is an experienced and effective employee rights advocate. Mr. Zatuchni is committed to providing the highest level of representation to clients. When you reach out to our employment law firm, you will have an opportunity to speak to a New Jersey pregnancy discrimination attorney who will:
- Conduct a no-cost, comprehensive review of your legal case;
- Explain your rights under federal and state pregnancy discrimination laws;
- Investigate the matter—securing all-important evidence and information; and
- Take any and all necessary steps to help you get justice and financial support.
Pregnant employees deserve personalized and attentive representation from their attorneys. Every case is different—we will put in the time and resources to get things right. With a well-documented history of settlements and verdicts in a wide range of employment discrimination cases, our legal team is ready to take your case wherever it needs to go to get you the best outcome.
Contact Our New Jersey Pregnancy Discrimination Attorney for Immediate Help
At Zatuchni & Associates, our New Jersey pregnancy discrimination lawyer has the skills, knowledge, and legal experience needed to protect your rights and get you justice. If you or your loved one was a victim of pregnancy discrimination, we are more than ready to help. Call us now to arrange a free review of your case. With legal offices in Lambertville and Morristown, we handle pregnancy discrimination claims throughout the entire state of New Jersey.
To learn more about pregnancy discrimination claims in New Jersey …
Past Zatuchni & Associates Newsletters
NJ Pregnancy Laws: Expanded Protection Against Job Discrimination
Light-Duty Work During Pregnancy: Is Your Employer’s Policy Discriminatory
What Does Pregnancy Discrimination in the Workplace Look Like?