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Pregnancy Discrimination

New Jersey Pregnancy Discrimination Lawyers

Pregnancy DiscriminationLearning that you are expecting a new baby should be a joyous time in your life. Unfortunately, some employers discriminate against women based on their pregnancy. For example, they reduce their workloads, pass them over for promotions, harass them, fire them, or eliminate their positions based on the false assumption that they are unable to do their jobs, do not intend to return to work after giving birth, or will not work as hard once their baby is born.

Pregnancy Discrimination Violates the Law

Fortunately, pregnancy discrimination is illegal in both New York and New Jersey. If you have been treated less favorably after you told your boss that you are pregnant, when you sought an accommodation for your pregnancy, or when you attempted to return to work from a maternity leave, then your employment law rights likely have been violated.

We welcome you to contact us to schedule a consultation with one of our New Jersey pregnancy discrimination attorneys.

Reasonable Accommodations for Pregnancy

In addition to prohibiting discrimination, both New Jersey and New York law require employers to provide employees reasonable accommodations for pregnancy. For example, your employer might be required to provide you with assistance to perform certain tasks; limit how much you need to stand, lift, or walk; permit extra restroom or water breaks; modify your job or schedule; or even reassign you to a light duty job, if doing so is necessary to allow you to work while you are pregnant.

In addition, many women experience temporary pregnancy-related disabilities such as gestational diabetes, preeclampsia or eclampsia while they are pregnant, or postpartum depression after they give birth. Like other disabilities, you might be entitled to a reasonable accommodation for your disability caused by or related to your pregnancy.

Similarly, after you give birth, your employer must accommodate you with respect to nursing, such as by providing you an appropriate private place where you can express milk.

For more information about accommodations for pregnancy, you may want to read one of the following articles:

Maternity and Pregnancy Leaves

Employees who are covered by the Family & Medical Leave Act ("FMLA") are entitled to take up to 12 weeks off per year for pregnancy-related disabilities, the birth or adoption of their child or to care for a newborn or newly adopted child. Likewise, the New Jersey Family Leave Act ("NJFLA") entitles covered parent to take as much as an additional 12 weeks off to care for their newborn child. Both the FMLA and NJFLA ordinarily require employers to return employees to their previous position or an equivalent one at the end of their maternity or paternity leave.

Related Claim: Gender Discrimination

Pregnancy discrimination often is related to gender discrimination.  For example, an employer that discriminates against women might treat pregnant women especially poorly. Additional information about this related type of discrimination is available on our gender discrimination page.

Experience Representing Pregnant Employees

Our New Jersey pregnancy discrimination lawyers have represented numerous women who have experienced discrimination or harassment at work because they are expecting a child.

For example, one of our precedent-setting cases involved a woman who experienced discrimination after she told her employer that she was pregnant. On appeal, the New Jersey Appellate Division ruled in her favor, and agreed she was entitled to have a jury award her damages for the emotional distress she experienced as a result.

Contact Our Experienced New Jersey Pregnancy Discrimination Attorneys

In both New York and New Jersey, pregnancy discrimination violates the law. If your company has treated your worse because you are pregnant, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. We welcome you to contact us online, or to call us at (201) 777-2250, to set up a meeting with one of our employment law attorneys.

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"I worked with Jonathan Nirenberg, ESQ on a sensitive emotional employment matter. Mr. Nirenberg was quick to respond, offered excellent advice, and always followed up with phone calls or emails when needed. My situation was settled out of court within a short period of time with the best possible results for not just me but also for the employer. Highly recommend and would seek his help again if needed..." Linda Busch, PhD
"We've had the pleasure of working with Jonathan on multiple individual and class employment cases. Jonathan is a skilled, dedicated and caring attorney that works diligently to bring justice for his clients. We would recommend Jonathan as a legal resource for any employment cases." Stephan Zouras, LLP
"I felt alone and without a voice, until I hired Jonathan I. Nirenberg of Rabner Baumgart Ben-Asher & Nirenberg, P.C. Mr. Nirenberg represented me in an employment matter. Without his help, I know that I would not have had the extremely successful outcome I had. Jonathan was not only professional, but very empathetic to what happened to me. Jonathan gave me support, and options in relation to a challenging employer/employment situation which was an extremely difficult time in my life..." Shelly Smith