New Jersey Pregnancy Discrimination Law: What Employers and Employees Need to Know

Pregnancy is a normal part of life, but in the workplace it often raises uncertainty on both sides of the conversation. Employees may wonder what protections exist if they need adjustments at work, while employers aren’t sure how to navigate legal requirements alongside operational realities.

In New Jersey, the law clearly outlines workers’ protections and the requirements with which employers must comply. Understanding the law can prevent misunderstandings, protect careers, and help ensure compliance.

Here’s what both employees and employers need to know.

Federal Pregnancy Protections

Before we explore New Jersey’s law, let’s examine the federal law which serves as its foundation. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, national origin, and sex. This law does not explicitly protect against pregnancy discrimination. In fact, the Supreme Court ruled in General Electric Co. v. Gilbert (1976) that excluding pregnancy coverage did not violate Title VII's sex discrimination prohibition.

As a result of that decision, Congress took action, passing the Pregnancy Discrimination Act of 1978 (PDA).

The Pregnancy Discrimination Act (PDA) Requirements

The Pregnancy Discrimination Act (PDA) amended Title VII to address pregnancy directly.

Under the law:

●      Discrimination based on pregnancy, childbirth, or related medical conditions is prohibited, and

●      Pregnant employees must be treated the same as other employees with similar abilities or work limitations

For example, if an employer offers modified duties or schedule flexibility to employees recovering from injuries or medical conditions, pregnant employees must also be afforded the same standards. It’s important to note that the law focuses on fairness - not special treatment.

The PDA applies to employers with 15 or more employees, including state and local governments. Organizations with less than 15 employees are excluded from the law’s requirements.

Pregnant Workers Fairness Act (PWFA)

In December 2022, President Biden extended protections even further by signing the Pregnant Workers Fairness Act (PWFA). This act, which went into effect on April 15, 2024, requires covered employers to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions - unless the accommodation will cause the employer an undue hardship.

Below are some examples of reasonable accommodations:

●      Additional, longer, or more flexible breaks

●      Changes in work scheduled

●      Working from home

●      Permitting food or drink

●      Providing a stool to sit on or a way to do work while standing

●      Leave for health care appointments

●      Light duty or help with lifting or other manual labor

●      Leave to recover from childbirth

Employers the PWFA Applies to: Just as with the PDA, the PWFA applies to private and public sector employers with 15 or more employees. It also applies to Congress and Federal agencies, and to employment agencies and labor organizations.

What Qualifies as an Undue Hardship: A significant difficulty or expense.

Who is a Qualified Employee or Applicant: Someone who can perform the “essential functions” of the job with or without a reasonable accommodation OR someone who is temporarily unable to perform one or more essential functions of their job, and who therefore needs a change in their work assignments.

The PWFA does not replace local laws that are more protective of workers, and New Jersey is one of the states with enhanced protections.

New Jersey’s Pregnant Worker’s Fairness Act (PWFA)

New Jersey was leading the way in pregnancy protections long before President Biden signed the federal PWFA. Back in 2014, it passed the New Jersey Pregnant Worker’s Fairness Act (NJPWFA). This law expanded the New Jersey Law Against Discrimination (LAD) protections for employees who are pregnant or have pregnancy-or childbirth-related medical conditions - including requiring reasonable accommodations in the workplace. In 2018, breastfeeding was added to the law.

New Jersey’s PWFA affords the following protections to employees:

1. An employer must provide a reasonable accommodation to an employee the employer knows, or should know, is pregnant or lactating, unless doing so would constitute an undue hardship to the employer’s business;

2. An employer is prohibited from penalizing an employee who is pregnant or lactating in terms, conditions, or privileges of employment for requesting or using an accommodation; and

3. An employer is prohibited from engaging in “unequal” or “unfavorable” treatment of an employee who is pregnant or lactating The Guidance on Workplace Accommodations for Pregnant, Postpartum, Breastfeeding, and Lactating Employees

So, New Jersey’s law specifically covers breastfeeding. Additionally, the NJPWFA requirements extend to ALL employers (with the exception of the federal government) - even one employee is enough to trigger the protections, and the employer must promptly address an employee’s request. The Guidance on Workplace Accommodations for Pregnant, Postpartum,

Breastfeeding, and Lactating Employees provides a thorough explanation of the law, and is something all employers should read.

When Does a New Jersey Employer Not Have to Provide an Accommodation?

The law recognizes that not every request will be possible, and thoroughly outlines what qualifies as an undue hardship. It is based on:

●      The size of the employer - number of employees, type of facilities, and budget

●      The type of operations

●      The nature and cost associated with providing the accommodation

●      Whether the accommodation would involve waiving and essential job requirement

The employer has the burden of proving the undue hardship.

Consequences in New Jersey for Violations

Failure to comply with the law can result in significant consequences, including:

●      Back pay and lost wages

●      Compensatory damages

●      Emotional distress damages

●      Attorneys’ fees and legal costs

●      Significant statutory penalties - up to $10,000 for the first violation in a five-year period; up to $25,000 for the second violation in a five-year period; and up to $50,000 for the third violation (and any additional violations) in a seven-year

Creating Workplaces That Work for Everyone

Most pregnancy workplace issues do not begin with bad intentions, but rather uncertainty - a manager unsure of the rules, an employee hesitant to ask for help, or a workplace trying to adapt in real time.

The protections established under Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, and the federal and New Jersey Pregnant Worker’s Fairness Acts exist to remove that uncertainty.

For employees, understanding your rights allows you to advocate for yourself. For employers, understanding your obligations creates a stronger workplace.