If you’re an employee facing pregnancy discrimination in New Jersey, it’s essential to know you’re not alone and you have rights that are protected by state and federal laws. Discrimination due to pregnancy, childbirth, or related conditions is prohibited in the workplace, and you have every right to seek fair treatment, reasonable accommodation of your pregnancy, and justice. Here are six tips for expecting employees experiencing discrimination.
Tip 1: Know Your Rights
Familiarizing yourself with legal protections is the first step to defending yourself against pregnancy discrimination. Under federal laws like the Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA), and state laws like the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Pregnant Workers Fairness Act (PWFA), employers are required to treat pregnant employees just as other employees are treated, provide reasonable accommodations, and offer leave options when qualified for. Learning these protections exist makes it easier to identify illegal treatment and stand up for yourself.
Tip 2: Don’t Hesitate to Ask for Reasonable Accommodations
The laws require that employers provide reasonable accommodations to help you work safely and effectively during pregnancy, such as flexible scheduling or lighter duties. If you need these modifications, be sure to communicate your needs clearly and in writing. Should your employer refuse or ignore your requests, it’s a strong signal of non-compliance with both federal and state laws.
Tip 3: Document Everything
Record any interactions that could be considered discriminatory or unprofessional. Keep detailed notes of relevant conversations, emails, or performance reviews, especially if they involve negative remarks or reduced responsibilities following your pregnancy announcement. Gathering a solid record creates a factual basis for any claims you may need to file. Detailed documentation can be invaluable to a legal case.
Tip 4: Take Action, We Can Help You File a Complaint
If you’re experiencing unfair treatment and your employer has not responded appropriately to your requests, you should consider filing a formal complaint, which Schall & Barasch can help you do. Filing a complaint can help initiate a formal investigation and inform your employer that discriminatory behavior won’t be tolerated.
Tip 5: Know That You Are Protected Against Retaliation
If you file a complaint, remember that it is illegal for your employer to retaliate against you. This means they cannot punish you by cutting your hours, demoting you, or creating a hostile work environment due to your complaint. If you experience this retaliation, document it immediately, as it can strengthen your case for further legal action.
Tip 6: Seek Legal Counsel
Ignoring discrimination is not the answer, and doing so can negatively impact your career, mental well-being, and even your physical health. Pregnancy discrimination not only takes a toll on you personally but allows unlawful behaviors to continue unchallenged in the workplace. By standing up for your rights, you set a precedent that discrimination against pregnant workers will not be tolerated.
Above all, if you’re experiencing pregnancy discrimination, consulting Schall & Barasch is one of the best steps you can take. We can help because we specialize in employment law, can help clarify your rights, determine whether your employer’s actions are unlawful, and guide you through the process of filing a complaint or lawsuit. Remember, standing up for your rights benefits you and helps create a safer and more equitable workplace for others.
