The New Jersey Law Against Discrimination (LAD) prohibits discrimination against women affected by pregnancy, childbirth, or related medical conditions.
(Note: As of January 8, 2018, the law also specifically expanded antidiscrimination protections to women who are breastfeeding. Additional discussion on breastfeeding and related accommodations are discussed below in the Breastfeeding section.)
The law covers all private and public employers, regardless of size (NJ Rev. Stat. Sec. 10:5-12et seq.).
Under the LAD, employers are prohibited from discriminating against pregnant workers or otherwise treating pregnant women less favorably than those who are not pregnant but have similar work abilities.
Employers must also provide reasonable accommodations for pregnant employees who request such accommodations on the advice of their physicians.
Types of accommodations. Reasonable accommodations may include restroom breaks, permission to carry a water bottle, periodic rest, assistance with manual labor, job restructuring, a modified work schedule, or a temporary transfer to work that is less physically demanding or hazardous.
Undue hardship. Employers are not required to make accommodations if the accommodations would impose an undue hardship on the employer.
Factors to be considered in determining whether an accommodation imposes an undue hardship include the size of the business; the type of its operations; the nature and cost of the accommodation, taking into consideration the availability of tax credits, tax deductions, and outside funding; and the extent to which the proposed accommodation would involve waiving an essential requirement of a job.
Retaliation prohibited. Employers may not penalize employees in the ...