New Jersey Pregnancy and Breastfeeding Discrimination Lawyers

Navigating the workplace as a pregnant or breastfeeding employee can be challenging. Discrimination against these natural and essential phases of life is not only unfair but also illegal. At Carcich O’Shea, we are dedicated to protecting your rights and ensuring a safe and supportive work environment. Our team of New Jersey pregnancy and breastfeeding discrimination lawyers is here to help you understand your rights and take action against any form of discrimination you may face.

Understanding Pregnancy Discrimination

Pregnancy discrimination occurs when an employer treats a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Pregnancy Discrimination Act (PDA) of 1978 is a federal law that forbids discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees, including state and local governments.

Under the PDA, your employer cannot:

Refuse to hire you because you are pregnant as long as you are able to perform the major functions of your job.
Fire you or force you to take leave because of your pregnancy.
Deny you a promotion or opportunities for advancement because you are pregnant.
Provide different benefits to pregnant employees that are not provided to other employees with medical conditions.

In New Jersey, the New Jersey Law Against Discrimination (NJLAD) offers even broader protections. It applies to all employers regardless of the number of employees. Under the NJLAD, discrimination based on pregnancy, childbirth, or related medical conditions is strictly prohibited.

Reasonable Accommodations for Pregnant Employees

Both the PDA and NJLAD require employers to provide reasonable accommodations to pregnant employees. Reasonable accommodations might include:

Allowing more frequent breaks.
Modifying work schedules.
Providing light duty assignments.
Adjusting workstations or providing seating.
Allowing time off for prenatal appointments.

Employers must engage in an interactive process to determine suitable accommodations. If your employer refuses to provide reasonable accommodations or retaliates against you for requesting them, you have the right to seek legal assistance.

Breastfeeding Rights in the Workplace

Breastfeeding employees also have specific rights under federal and state laws. The Affordable Care Act (ACA) amended the Fair Labor Standards Act (FLSA) to require employers to provide reasonable break time and a private, non-bathroom space for nursing mothers to express breast milk. This provision applies to all employers covered by the FLSA.

In New Jersey, additional protections are provided under the NJLAD and the New Jersey Family Leave Act (NJFLA). Employers must:

Allow reasonable break time for breastfeeding mothers to express milk.
Provide a private space, other than a bathroom, for this purpose.
Ensure that breastfeeding employees are not discriminated against in any aspect of employment.

Recognizing Pregnancy and Breastfeeding Discrimination

It is crucial to recognize the signs of pregnancy and breastfeeding discrimination. Some common examples include:

Negative comments or harassment from supervisors or colleagues about your pregnancy or breastfeeding.
Unfair treatment in job assignments, evaluations, or promotions because of your pregnancy or breastfeeding status.
Denial of reasonable accommodations for pregnancy or breastfeeding needs.
Retaliation or punitive actions for taking maternity leave or breastfeeding breaks.

If you experience any of these forms of discrimination, it is important to document the incidents and seek legal advice promptly.

Taking Action Against Discrimination

If you believe you have been discriminated against due to pregnancy or breastfeeding, taking action is crucial. Here are the steps you should follow:

Document Everything: Keep detailed records of discriminatory incidents, including dates, times, locations, and witnesses. Save any relevant emails, messages, or documents.
Report the Discrimination: Follow your company’s procedures for reporting discrimination. This may involve speaking with a supervisor or HR representative or using an internal complaint process.
File a Complaint with the EEOC: If your employer does not address the discrimination adequately, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the complaint and may take further action.
Seek Legal Assistance: Consult with a New Jersey pregnancy and breastfeeding discrimination lawyer at Carcich O’Shea. Our experienced attorneys can help you understand your rights, guide you through the legal process, and represent you in any legal action.

How Carcich O’Shea Can Help

At Carcich O’Shea, we understand the emotional and professional toll that pregnancy and breastfeeding discrimination can take. Our dedicated team of New Jersey discrimination lawyers is committed to protecting your rights and ensuring that you receive fair treatment in the workplace.

We offer comprehensive legal services, including:

Legal Consultation: We provide thorough consultations to understand your situation and advise you on the best course of action.
Case Investigation: Our team will investigate your claims, gather evidence, and build a strong case on your behalf.
Negotiation and Mediation: We will negotiate with your employer to seek a fair resolution and may use mediation to resolve disputes without litigation.
Litigation: If necessary, we are prepared to take your case to court to ensure your rights are upheld.

Your Rights Under New Jersey Law

In addition to federal protections, New Jersey provides robust legal protections for pregnant and breastfeeding employees. Under the NJLAD and NJFLA, you have the right to:

Reasonable Accommodations: Employers must provide reasonable accommodations for pregnancy-related conditions unless it would cause undue hardship to the business.
Protection Against Retaliation: Employers cannot retaliate against you for requesting accommodations or filing a complaint about discrimination.
Family Leave: The NJFLA allows eligible employees to take up to 12 weeks of unpaid leave for childbirth, adoption, or serious health conditions, including pregnancy-related conditions.

These state-specific laws enhance the protections available to you and ensure a supportive work environment during and after pregnancy.

Why Choose Carcich O’Shea

Choosing the right legal representation is crucial in protecting your rights and achieving a favorable outcome. At Carcich O’Shea, we offer:

Experienced Attorneys: Our team has extensive experience handling pregnancy and breastfeeding discrimination cases in New Jersey.
Personalized Service: We understand that every case is unique, and we provide personalized attention to ensure your specific needs are met.
Proven Track Record: We have a history of successful outcomes for our clients, demonstrating our commitment to achieving justice.
Compassionate Support: We recognize the challenges you face and offer compassionate support throughout the legal process.

The New Jersey Pregnancy and Breastfeeding Discrimination Lawyers at Carcich O’Shea Protect Will Your Rights if You Have Experienced Discrimination

If you are experiencing pregnancy or breastfeeding discrimination in the workplace, you do not have to face it alone. If you have questions or need legal assistance, speak with the New Jersey pregnancy and breastfeeding discrimination lawyers at Carcich O’Shea today. Contact us at 201-988-1308 or online to schedule your consultation and learn more about the support and service we can provide. Located in Hackensack, New Jersey, we proudly serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.