Federal Protections Against Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA), the Family and Medical Leave Act (FMLA), and, in some cases, the Americans with Disabilities Act (ADA) protect employees from pregnancy-related discrimination. If you work in Bergen County, NJ, employers must comply with these federal laws and cannot treat you unfairly because of pregnancy, childbirth, or related medical conditions.
These laws prohibit employers from:
- Firing or terminating an employee because of pregnancy.
- Refusing to hire a qualified applicant due to pregnancy.
- Denying reasonable accommodations when similar accommodations are provided to employees with temporary medical conditions.
- Refusing to reinstate an employee returning from protected pregnancy or family leave to the same or a comparable position.
- Reducing pay, cutting hours, demoting, or removing job responsibilities because of pregnancy.
- Preventing an employee from returning to work after childbirth if they are medically able to perform their job.
- Disciplining an employee for attending prenatal medical appointments when employees with other medical appointments are treated differently.
- Denying promotions, raises, bonuses, or other employment opportunities because of pregnancy.
Common Questions About Pregnancy Discrimination
Under the Pregnancy Discrimination Act, employers cannot make employment decisions based on pregnancy, childbirth, or pregnancy-related medical conditions. Pregnancy discrimination can occur at any stage of employment and may include:
- Refusing to hire a qualified applicant because she is pregnant.
- Terminating or laying off an employee due to pregnancy.
- Denying promotions, pay increases, training, benefits, or advancement opportunities.
- Reducing hours, pay, or job duties because of pregnancy.
- Reassigning an employee to a less desirable position without a legitimate business reason.
- Creating or allowing a hostile work environment because of pregnancy or pregnancy-related medical conditions.
Pregnancy and Disability
Although pregnancy alone is not considered a disability under federal law, certain pregnancy-related medical conditions, such as gestational diabetes, preeclampsia, or other complications, may qualify for protection under the Americans with Disabilities Act (ADA). When applicable, employers may be required to provide reasonable accommodations unless doing so would create an undue hardship.
Employer-Mandated Leave
An employer cannot force a pregnant employee to take leave if she is able to perform the essential functions of her job. Likewise, an employer cannot require an employee to remain on leave after she has recovered and is medically cleared to return to work.
Medical Documentation
Employers generally cannot require additional medical documentation from pregnant employees unless they impose the same documentation requirements on other employees with similar medical conditions or leave requests. Any requests for medical information must be applied consistently and in accordance with company policy and applicable law.
Legal Help for Pregnancy Discrimination in Bergen County, NJ
If you have been fired, denied opportunities, forced to take leave, or otherwise treated unfairly because of pregnancy in Bergen County, NJ, Castronovo & McKinney, LLC can help. Our New Jersey employment attorneys represent employees in pregnancy discrimination claims under federal and New Jersey law. We work to protect your rights, pursue appropriate compensation, and hold employers accountable for unlawful workplace discrimination.
