Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Employer Alert: Gov. Christie Signs Pregnancy Discrimination Bill into Law

Author: Scarinci Hollenbeck, LLC

Date: February 24, 2014

Key Contacts

Back

Pregnancy and childbirth are now protected categories under New Jersey’s Law Against Discrimination (NJLAD). Gov. Chris Christie signed the amendment to the NJLAD on January 21, 2014, and such change was effective immediately.

New Jersey is the latest state in the country to strengthen protections against pregnancy discrimination, joining Alaska, California, Connecticut, Hawaii, Illinois, Louisiana, and Texas. Several large cities, including New York City, have also enacted similar employment laws.

While federal laws such as the Pregnancy Discrimination Act and the Americans with Disabilities Act (ADA) both protect pregnant workers, these latest state and municipal law enactments are generally more comprehensive. The NJLAD not only prohibits pregnancy discrimination, but also imposes new workplace accommodation requirements on employers that go well beyond normal disability accommodations.

Below are several key provisions of the new law:

  • Employers cannot treat a pregnant woman in a manner less favorable than other persons not “affected by pregnancy” with similar ability or inability to work. “Affected by pregnancy” refers to women who are pregnant and women who have medical conditions relating to pregnancy or childbirth.
  • Employers must make available reasonable accommodation for pregnancy-related needs when requested by the employee with the advice of her physician. Examples may include breaks to use the bathroom or for increased water intake, modified work schedules, and assistance with manual labor.
  • Employers must provide such accommodations unless they can demonstrate that doing so would pose an undue hardship. Factors that may be taken into consideration when making such a determination include the overall size of the employer’s business, the type of operations, the nature and cost of the accommodation needed, and the extent to which the accommodation would require eliminating a pregnant employee’s essential job functions.
  • Employers are prohibited from penalizing workers in terms, conditions or privileges of employment for using the accommodations or, when accommodations are not feasible, for taking time away from work required by the pregnancy, as certified by a physician of the employee taking into account the condition of the employee and the job requirements.

New Jersey employers should carefully review and revise their workplace policies and procedures in light of the NJLAD amendment. Given the potential penalties for noncompliance, it is also imperative to train managers and human resources personnel regarding the new obligations.

If you have any questions about the NJLAD amendment or would like to discuss changes that may be required to your company’s employment policies and procedures, please contact me, Gary Young, or the Scarinci Hollenbeck Labor and Employment Law attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: