Included In
Martindale-Hubbell Peer Rated 2021
Super Lawyers - David H. Ben Asher Super Lawyers - Jonathan I. Nirenberg
Super Lawyers - Omar A. Lopez
NELA

Reasonable Accommodations for Pregnancy

Accommodations While Pregnant in New Jersey

The New Jersey Law Against Discrimination ("LAD") requires employers to provide employees reasonable accommodations for pregnancy. That is true whether or not you have a pregnancy-related disability.

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 and 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.

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.

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.

Protection Against Discrimination

Similarly, whether or not you sought 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

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

Contact an Employment Law Attorney

Rabner Baumgart Ben-Asher & Nirenberg enforces the rights of employees in the workplace 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 (973) 744-4000, 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