Martindale-Hubbell Peer Rated
Super Lawyers - David H. Ben AsherSuper Lawyers - Jonathan I. Nirenberg
Rabner Baumgart Ben-Asher & Niremberg PC
Bergen County's Top Lawyers 2023

Reasonable Accommodations for Pregnancy

New Jersey Pregnancy Accommodation Lawyers

Some pregnant women are able to work without any issues up until the day they go into labor. Others, however, are given limitations by their doctors such as limits on how much weight they can lift or pull or how long they can stand, or being put on bed rest.

Both the New Jersey Law Against Discrimination ("LAD") and Title VII of the Civil Rights Act of 1964 require employers to provide employees reasonable accommodations for pregnancy. That is true whether or not you have been diagnosed with any pregnancy-related disability.

A reasonable accommodation is assistance or changes necessary to allow you to perform the essential functions of your job. The law requires your employer to you with reasonable accommodations unless doing so would an impose an "undue hardship" on your employer.

Examples of Accommodations for Pregnancy

There are many types of accommodations that can be available to pregnant workers. For example, when appropriate, they can include:

Pregnant woman with neck ache
  • Time off for doctor's appointments;
  • A modified work schedule;
  • Help with manual labor, such as lifting or bending;
  • Extra bathroom breaks;
  • Extra food and water breaks;
  • Periodic rest during the day;
  • A temporary light duty assignment; or
  • Time off from work.

Generally, under New Jersey law, an employee must request an accommodation before she is entitled to one. Further, an accommodation must be reasonable and cannot require you to avoid performing an essential function of your job.

Accommodations for Breast Feeding

Even after you give birth, the LAD requires employers to accommodate you if you are nursing. For example, if you request it, your employer must provide you an appropriate place to pump milk. Notably, that location must be reasonably close to your work area, and cannot be a bathroom stall. Your employer also must provide you time during the day when you can express milk, and an appropriate place to store your milk.

For more information, please see our articles, New Jersey Law Against Discrimination Protects Breastfeeding and Nursing Mothers Finally Get a Break, written by one of our New Jersey accommodation for pregnancy attorneys.

Accommodations for Disabilities

Of course, pregnancy often comes with related disabilities. Employers are required to accommodate your disability, whether or not it is related to your pregnancy. For instance, employers must provide accommodations for disabilities that follow pregnancy, such as postpartum depression.

For additional information, please see our reasonable accommodations for disabilities page.

Protection Against Retaliation

The LAD prohibits employers from retaliating against an employee because she requested a reasonable accommodation. That means your employer cannot fire you because you requested or were granted an accommodation. It also means your employer cannot demote you, pass you over for a promotion, reassign you to a less desirable job, or harass you because you sought an accommodation for your pregnancy or breast feeding.

To learn more, you can visit our retaliation and whistleblowers page, or contact us to schedule an appointment with one of our New Jersey pregnancy accommodation lawyers. Our telephone number is (201) 777-2250.

Protection Against Discrimination

Similarly, whether or not you sought or need an accommodation, your employer cannot fire, harass, or otherwise discriminate against you because you are pregnant. Additional information is available on our pregnancy discrimination page.

Learn More About Your Legal Rights

For additional information, you may be interested in reading one of the following articles from our New Jersey Employment Lawyer Blog:

Contact Our New Jersey Reasonable Accommodation for Pregnancy Attorneys

Rabner Baumgart Ben-Asher & Nirenberg, P.C. enforces the workplace rights of employees in New Jersey and New York. If you have been denied a reasonable accommodations while pregnant in New Jersey, or have another question about your employment law rights, we can help. We welcome you to contact us online, or to call us at (201) 777-2250, to schedule an initial consultation.

Client Reviews
"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