September 3, 2024

By: Ty Hyderally, Esq. and Nichole Nunes, Esq.

Pregnancy is a life-altering experience, bringing joy and anticipation for many women. However, when it comes to the workplace, this significant life event can also bring challenges, particularly in the form of discrimination. This discrimination can manifest in many ways, such as when employers refuse to hire a qualified candidate solely because she is pregnant or may become pregnant in the future. Pregnant employees might also be passed over for promotions or assigned to less desirable tasks, based on the assumption that they are less capable or committed to their work. In some cases, employers may unlawfully terminate pregnant workers due to their condition and then attempt to justify the decision under the guise of business needs or safety concerns. Additionally, pregnant workers may face derogatory comments, be subjected to a hostile work environment, or even refused reasonable accommodations, such as more frequent breaks or temporary adjustments in duties, due to their pregnancy.

New Jersey has been a leader in expanding protections for pregnant workers, going beyond federal requirements to ensure that women are fairly treated due to pregnancy. The New Jersey Law Against Discrimination (NJLAD) includes specific provisions that protect against pregnancy discrimination, making it illegal for employers to discriminate based on pregnancy, childbirth, or related medical conditions. Many women face subtle or overt forms of bias, ultimately affecting the careers, financial stability, and emotional well-being of countless women.  In some cases, women may feel compelled to hide their pregnancies for fear of negative repercussions.

A significant development in New Jersey case law occurred in Delanoy v. Township of Ocean, 245 N.J. 384 (2021), where the New Jersey Supreme Court addressed issues surrounding pregnancy discrimination in the workplace. In this landmark case, the court ruled that the NJLAD’s pregnancy protections require employers to provide reasonable accommodations for pregnant employees, just as they would for other employees with disabilities. This ruling reinforced the need for equal treatment and highlighted the requirement for employers to engage in an interactive process to identify appropriate accommodations for pregnant workers. The ruling in Delanoy has set a strong precedent, emphasizing that employers cannot sideline pregnant workers or subject them to unfair treatment based on assumptions about their abilities or commitments.

Despite these legal protections, pregnancy discrimination persists. Addressing pregnancy discrimination requires more than just legal compliance; it demands a cultural shift in how workplaces perceive and support pregnant employees. Employers must actively promote a culture of inclusivity, where pregnancy is not seen as a hindrance but as a natural and respected aspect of life. This can be achieved through education and training for all employees, particularly managers and HR personnel, on pregnancy discrimination and the rights of pregnant workers. Employers should implement and enforce clear anti-discrimination policies that explicitly address pregnancy and related conditions. Creating a supportive work environment that offers flexible work arrangements, reasonable accommodations, and policies that allow pregnant employees to thrive in their roles is essential. Encouraging open communication between employees and management, where pregnant workers feel comfortable discussing their needs without fear of judgment or reprisal, can also foster a more inclusive workplace.

Pregnancy discrimination in the workplace is a significant barrier to gender equality and the well-being of women. While legal protections exist, the persistence of discriminatory practices highlights the need for ongoing advocacy, education, and cultural change. By fostering a workplace environment that values and supports pregnant employees, we can create a more just and equitable society for all. Pregnancy is not an impediment to success—it is a natural part of life that should be celebrated, not penalized. It is time for workplaces to fully embrace this truth and take meaningful steps to end pregnancy discrimination once and for all.

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction.