Lawrence NJ Pregnancy Discrimination Attorneys
With Offices in Trenton and Pennington, NJ
It might be shocking to learn that pregnancy discrimination is one of the most pernicious and widespread forms of employment discrimination in New Jersey workplaces. The fact is that our society depends upon women being able to give birth. In fact, pregnancy is necessary for the survival and continuation of the human race. That’s why both federal and state laws recognize that a person should never lose their job due to pregnancy. Most of these laws strongly protect pregnant workers against discrimination in the workplace. There are also laws that allow workers time off to care for their children. If you have been a victim of workplace discrimination on the basis of your pregnancy – or your spouse’s pregnancy – you need to contact an experienced attorney.
Kamensky Cohen & Riechelson is a law firm with more than 40 years of experience handling employment discrimination cases in New Jersey and Pennsylvania. Our litigation team has helped clients file employment discrimination claims throughout Mercer County, NJ, including Princeton, East Windsor, and Hightstown. If you have been mistreated at work because of your pregnancy, we will do what is necessary to protect your rights and your livelihood. Call KCR now to speak with one of our attorneys about your situation and explore your legal options.
Federal Pregnancy Discrimination Laws in Mercer County, New Jersey
Under federal law, the Pregnancy Discrimination Act (PDA) protects pregnant workers by barring employers from discriminating based on pregnancy. These broad protections apply to all aspects of employment, which means that companies cannot allow pregnancy to be a factor in decisions about hiring, firing, promotions, demotions, compensation, or any other terms, conditions, or privileges of employment.
Additionally, the Family Medical Leave Act (FMLA) requires employers to provide new parents with 12 weeks of unpaid leave. This means that both male and female workers who are new parents will have the option to take a leave of absence from work in order to care for their child. Moreover, these workers should not have to worry about what will happen when they return from leave; the FMLA requires employers to restore the worker to their original job or an equivalent job. However, there are a few limitations on eligibility for FMLA protection: small companies with fewer than 50 employees are exempt; the employee must have worked for the company for at least 12 months prior to requesting leave; and the employee must provide the employer with reasonable advance notice.
State Laws Protect Pregnant Workers in Hamilton NJ
The State of New Jersey recently amended the New Jersey Law Against Discrimination (LAD) to expand protections for pregnant women in the workplace. Prior to this amendment, pregnant workers could only seek recourse for discrimination by claiming sex discrimination or disability discrimination. Now the LAD expressly includes pregnancy as a protect category. As a result, employers are barred from discriminating against a worker on the basis of pregnancy. This means that a company cannot refuse to hire an applicant because of pregnancy or fire an employee because of pregnancy. Beyond that, employers must provide reasonable accommodations to make the workplace more suitable for pregnant employees. These accommodations could include bathroom breaks and temporary transfers to less strenuous work.
In addition to the broad protections afforded by the LAD, the New Jersey Family Leave Act (NJFLA) requires employers to provide new parents with time off in connection with the birth of a child. This law exists so that employers will not place profits in front of people. Importantly, the NJFLA defines “parent” as a biological parent, an adoptive parent, a parent-in-law, or a step-parent. Additionally, the NJFLA allows eligible employees to take a leave of absence from work in order to attend to the serious illness of a child, spouse, or parent.
Free Consultation with Trenton NJ Pregnancy Discrimination Lawyers
The legal team at Kamensky Cohen & Riechelson has the experience needed to win your pregnancy discrimination claim. You have nothing to lose by contacting us because we handle these cases on a contingency basis; there are no upfront fees. Call us today to discuss your pregnancy discrimination case, or email us to schedule a meeting at our Trenton or Pennington offices.