New Jersey employment laws protect employees from discrimination on the basis of numerous factors, including pregnancy and related medical conditions. Despite some progress in recent decades, discrimination against workers who become pregnant remains a problem in New Jersey and around the country. Pregnancy discrimination violates the New Jersey Law Against Discrimination (NJLAD) and its federal counterpart, Title VII of the Civil Rights Act of 1964. Both federal and state laws also protect workers’ right to family and medical leave and prohibit employers from discriminating or retaliating against employees who use leave time that they have accrued. A lawsuit filed in state court in August alleges that an employer discriminated against the plaintiff on the basis of pregnancy and retaliated against her for using family leave. The defendant removed the case to federal court in early October.
Both the NJLAD and Title VII prohibit employers from taking adverse actions against employees on the basis of pregnancy. The NJLAD goes further by requiring employers to provide pregnant employees with reasonable accommodations for conditions related to their pregnancies. This may include additional breaks for water or to use the restroom, as well as leave from work as long as this does not pose an “undue burden” for the employer.
The Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) both require covered employers to allow qualifying employees to take leave for certain reasons without any risk to their jobs. Both laws provide up to twelve weeks of leave during a twelve-month period. Reasons for leave may include caring for a newborn child. Employers may not interfere with an employee’s use of accrued leave time, nor may they retaliate against an employee for using leave.