Articles Tagged with “pregnancy discrimination”

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Thumbnail image for depositphotos_4730220-Happy-pregnancy.jpgOn January 21, 2014, Governor Chris Christie signed legislation amending the New Jersey Law Against Discrimination to include pregnancy, childbirth, and related medical conditions among employees receiving protection against discrimination. The law is effective immediately.

Introduced as bill in September 2013 to combat discrimination against pregnant women and women with medical needs after childbirth, the Act requires employers to make reasonable accommodations to pregnant women and those recovering from childbirth. Accommodations can include restroom breaks, breaks for increased water intake, periodic rest, help with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or less hazardous work. The bill referred to reports that women who requested an accommodation in the workplace to help them maintain a healthy pregnancy or who needed a reasonable accommodation as they recovered from childbirth were being removed from their positions, placed on unpaid leave, or fired.

In urging the New Jersey Senate to pass the bill, the American Civil Liberties Union of New Jersey (ACLU)identified some examples of women who were denied reasonable accommodations because of their pregnancy. Before the amendment of the New Jersey Law Against Discrimination, those employer actions were legal. Examples include a pregnant security worker who was denied a stool to sit on at her job, a pregnant cashier who was not allowed to keep a water bottle at her workstation and collapsed at her register, and a pregnant line cook who was denied additional restroom breaks.

The ACLU Public Policy Director also cited a New Jersey Supreme Court case that held that it was legal for a casino to fire a pregnant worker whose doctor instructed her not to return to work after discovering a serious problem with one of the twins that she was carrying. Said the Director, “What does it say about our state’s values that our laws ask a woman to make the choice between doing what’s needed to protect her pregnancy, and keeping her job?”

Employers are not to apply workplace accommodations “in a manner less favorable than accommodations or leave provided to other employees not affected by pregnancy but similar in their ability or inability to work.” Further, the Act does not intend to impact the amount of employees’ rights to paid or unpaid leave under the law.
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Pregnancy Discrimination
In 2011, the Equal Employment Opportunity Commission (“EEOC”) received the largest number of complaints of pregnancy discrimination in its history. Pregnancy discrimination has been increasing since at least 1992. Pregnancy discrimination in New Jersey, New York and nationally continues to be a major problem.

It is illegal to discriminate against pregnant mothers. Pregnancy discrimination in New York and New Jersey is barred by law. Employers may not refuse to hire pregnant women, fire pregnant women, or lay employees off because of their pregnancy, harass or transfer them because of their pregnancy, or shift them to work that is perceived as “safer” or “lighter.” The only exception is that transfers can be made as a legitimate accommodation for the specific medical needs of a particular employee.

Employers are permitted to ask the estimated delivery date and expected length of leave before and after delivery, but they are not allowed to ask for a specific date that pregnancy leave will begin. Employers must rehire mothers after delivery, and make reasonable accommodations beforehand.

New Jersey Law
New Jersey’s Law Against Discrimination bans discrimination based on “sex.” The New Jersey’s Supreme Court has ruled that sex discrimination includes discrimination based on pregnancy.

Federal Law
Title VII of the Civil Rights Act of 1964 likewise prohibits pregnancy discrimination. In 1978, Congress enacted the Federal Pregnancy Discrimination Act. The Federal Pregnancy Discrimination Act amended Title VII to include pregnancy discrimination as sex discrimination. It also prohibits discrimination based on medical conditions related to pregnancy. It provides that if an employer offers a health plan, pregnancy must be a covered condition. However, the Federal Pregnancy Discrimination Act, being part of Title VII, only covers employers with 50 or more employees.
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