Reasonable Accommodations for Pregnancy

Experienced New Jersey Pregnancy Accommodation Lawyers Protected Workers’ Rights

If you are pregnant and need extra help or support at work, you may be entitled to a reasonable accommodation under both New Jersey and federal employment laws. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our attorneys help ensure that pregnant employees receive the flexibility and protection they need to stay healthy and remain employed throughout their pregnancy and postpartum recovery.

Whether you need lighter duties, additional breaks, time off for medical visits, or a private place to express milk, your employer is legally required to consider your request in good faith and provide you an accommodation if it is reasonable.

What Is a Reasonable Accommodation for Pregnancy?

A reasonable accommodation is a change to your work conditions, duties, or schedule that enables you to continue performing your job safely while pregnant. Under the New Jersey Law Against Discrimination (LAD), you are entitled to accommodations whether or not you are considered to have a disability during or following your pregnancy.

The law requires your employer to provide reasonable accommodations unless doing so would cause an undue hardship, such as significant cost or disruption to the business.

Examples of Reasonable Accommodations for Pregnancy

The type of accommodation you are entitled to may depend on your needs, your medical provider’s recommendations and your specific job duties. Some common examples include:

• Flexible scheduling to allow for prenatal appointments
• A modified work schedule or remote work, when feasible
• Assistance with physical tasks, such as lifting or bending
• Frequent rest breaks or the ability to sit during your shift
• Extra time for hydration, meals, or restroom use
• A temporary light-duty assignment
• Medical leave or bed rest when prescribed

Employers are not required to eliminate essential functions of the job, but they must make efforts to accommodate reasonable requests based on your pregnancy itself and any medical conditions related to it.

Do You Have to Request the Accommodation?

Generally, yes. Under New Jersey law, an employer is required to provide an accommodation only after you request one or otherwise make it clear that you need one. That is why it is important to speak up and communicate with your employer as early as possible. You may be required to submit documentation from a medical provider confirming your need for the requested accommodation.

If your employer refuses to engage in a discussion or denies your request without considering alternatives, you may have a pregnancy discrimination claim.

Legal Protections for Breastfeeding and Pumping

Your right to an accommodation does not end after childbirth. The LAD also protects nursing employees. Once you return to work, your employer must:

• Provide a private location to pump breast milk. This space must be reasonably close to your work area, offer you privacy, and cannot be a bathroom stall
• Allow you to take a break during the workday to express milk
• Offer a place to store breast milk, if needed

These rights ensure that you are not forced to choose between breastfeeding and returning to work in the office. If your employer fails to meet these basic requirements, legal action may be appropriate.

Pregnancy-Related Disabilities May Trigger Additional Rights

Many pregnancies involve conditions that qualify as temporary disabilities, such as gestational diabetes, preeclampsia, or postpartum depression. If you are dealing with a pregnancy-related disability, your employer also may be required to provide accommodations under disability discrimination laws. To learn more about accommodations for pregnancy-related disabilities, visit our reasonable accommodations for disabilities page.

Protection Against Retaliation

It is unlawful for your employer to retaliate against you for requesting or using a pregnancy accommodation. Retaliation may include:

• Termination or forced resignation
• Demotion or reduced hours
• Harassment based on significant negative treatment
• Denial of promotions or advancement

If you experience any negative consequences after seeking an accommodation, then please contact our New Jersey pregnancy accommodation lawyers to discuss your rights.

Protection Against Pregnancy Discrimination

Even if you do not need an accommodation, your employer may not discriminate against you for being pregnant. Discrimination includes being treated less favorably, subjected to harassment, or denied job opportunities due to your pregnancy status.

Speak with a New Jersey Pregnancy Accommodation Lawyer

At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent employees throughout New Jersey who were denied reasonable accommodations during or after pregnancy. Whether your employer failed to honor your rights, retaliated against you, or forced you out, we are here to help. To schedule a consultation with our New Jersey employment discrimination attorneys, call us at (201) 777-2250 or contact us online. We are ready to advocate for your rights at every stage of your employment.