Pregnancy Discrimination Laws in New Jersey: Your Rights

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits employment discrimination based on sex, which the Pregnancy Discrimination Act (42 U.S.C. § 2000e(k)) explicitly clarifies includes discrimination based on pregnancy, childbirth, and related medical conditions. The PDA requires that pregnant employees and employees with pregnancy-related conditions be treated the same as other employees who are similar in their ability to work.

The law applies to employers with 15 or more employees working for at least 20 calendar weeks in the current or preceding calendar year. Under the PDA, employers cannot refuse to hire, refuse to promote, or terminate an employee based on pregnancy status. If an employer provides leave to employees with temporary disabilities or non-work-related injuries, pregnant employees must receive the same leave benefits.

The Equal Employment Opportunity Commission (EEOC) enforces the PDA. Remedies available federally include back pay, front pay, reinstatement, compensatory damages for emotional distress, and punitive damages in cases of intentional discrimination. Employees can also recover attorney's fees and court costs. However, federal law does not explicitly require reasonable accommodations for pregnancy—employers only need to treat pregnant employees consistently with how they treat similarly situated non-pregnant employees.

New Jersey's Law Against Discrimination (NJLAD, N.J.S.A. § 10:5-1 et seq.) is significantly stronger than federal law and provides broader protections for pregnant employees. The NJLAD applies to employers with just 1 or more employees—far lower than the federal 15-employee threshold. This means even small businesses in New Jersey must comply with pregnancy discrimination protections.

Under the NJLAD, it is unlawful for an employer to "refuse to hire, retain, or promote, or otherwise to discriminate in regards to compensation, terms, conditions, and privileges of employment" based on pregnancy or the condition of pregnancy. The law also explicitly prohibits harassment based on pregnancy. New Jersey courts have interpreted this protection expansively to include discrimination based on the employee's inability to perform specific job tasks due to pregnancy, as well as discrimination based on the employer's assumptions or concerns about pregnancy.

New Jersey's Pregnancy Accommodation Law (N.J.S.A. § 34:11B-1 et seq.) goes beyond federal law by explicitly requiring employers with 15 or more employees to provide "reasonable accommodations" for known conditions of pregnancy, childbirth, or related medical conditions. Reasonable accommodations may include modified work schedules, temporary reassignment to less strenuous duties, leave for prenatal care, bathroom breaks, seating, and other modifications to enable the pregnant employee to continue working safely. Employers cannot require an employee to take leave if a reasonable accommodation would allow the employee to continue working. An employee cannot be forced to choose between her job and her health or the health of her pregnancy.

Additionally, New Jersey's Earned Sick Leave Law (N.J.S.A. § 34:11D-1 et seq.) permits employees to use accrued paid sick leave for pregnancy-related medical appointments and conditions, providing a concrete accommodation mechanism that goes beyond federal law. The state also has broader remedies: under the NJLAD, employees can recover compensatory damages for emotional distress, back pay, front pay, reinstatement, lost benefits, and attorney's fees. Damages are not capped, unlike some other jurisdictions. The New Jersey Division on Civil Rights (part of the Department of Law and Public Safety) enforces the NJLAD and has demonstrated aggressive enforcement of pregnancy discrimination claims.

Pregnancy discrimination claims in New Jersey are subject to a narrow set of exceptions. First, an employer may defend its actions if it can prove that pregnancy or a pregnancy-related condition is a genuine occupational qualification (GOQB) reasonably necessary to the normal operation of the business. This is an extremely high bar and is rarely successful. Courts have rejected GOQB defenses based on speculative concerns about health risks or customer preferences.

Second, an employer may defend conduct if it can demonstrate that the adverse employment action (termination, demotion, non-hire) was based on legitimate, non-discriminatory grounds unrelated to pregnancy. However, in New Jersey, if evidence shows that pregnancy was "a motivating factor" in the decision, the burden shifts to the employer to prove by clear and convincing evidence that it would have made the same decision in the absence of the pregnancy-related factor. This places a significant burden on employers.

Third, the accommodation requirement under the Pregnancy Accommodation Law does not apply to employers with fewer than 15 employees, though even small employers cannot discriminate based on pregnancy under the NJLAD. Fourth, an employer need not provide an accommodation if doing so would cause undue hardship to the business. However, "undue hardship" is defined narrowly in New Jersey and requires concrete evidence of substantial increased costs or significant operational disruption—not mere inconvenience or assumptions about difficulty.

Additionally, if an employee is unable to perform the essential functions of the job even with accommodation, the employer may have a defense, but only if the employee cannot be reasonably accommodated in another available position. New Jersey law also does not require employers to create new positions or fundamentally alter the nature of the job. Finally, medical privacy exceptions apply: employers can require medical certification of pregnancy-related conditions and can condition leave on medical documentation, though they must handle such requests in compliance with disability and medical information privacy laws.

Step 1 — Document the Discrimination. Immediately begin documenting any pregnancy-related adverse employment actions or comments. Keep detailed records including: (1) dates, times, and content of any discriminatory comments made by managers or coworkers (especially any mention of pregnancy, assumptions about your ability to work while pregnant, or comments about "fitting the mold"); (2) emails, texts, or written communications about your job status, scheduling changes, or disciplinary actions; (3) records of your job performance reviews, especially any negative reviews that coincided with your pregnancy announcement; (4) evidence of how similarly situated non-pregnant employees were treated (promotions, leave, accommodations, discipline); (5) medical records documenting your pregnancy and any pregnancy-related conditions; (6) records of requests for accommodation and the employer's responses. Save copies in a secure personal location, not just on company devices.

Step 2 — Attempt Internal Complaint and Accommodation Request. Before filing an external complaint, notify your employer in writing (email is acceptable) of the discriminatory conduct or the accommodation you need. Address the communication to your HR department and your direct manager. Use the word "accommodation" or describe the specific adjustment you need due to your pregnancy (e.g., "I need to modify my schedule to attend prenatal appointments" or "I cannot lift objects over 25 pounds due to my pregnancy"). Request a written response. Even if your employer has no formal anti-discrimination policy, this step: (1) creates a record that you raised the issue; (2) may prompt immediate corrective action; (3) demonstrates to regulators that you gave the employer a chance to fix the problem; (4) sometimes helps preserve certain remedies. If your workplace is unionized, file a grievance simultaneously.

Step 3 — File a Complaint with the New Jersey Division on Civil Rights (NJDCR). You must file within 2 years of the discriminatory act (N.J.S.A. § 10:5-9). You can also file a federal EEOC charge simultaneously; New Jersey is a "deferral state," meaning your state charge is automatically dual-filed with the EEOC if you file with NJDCR. File online at nj.gov/oag/dcr or by mail to: Division on Civil Rights, 140 East Front Street, Trenton, NJ 08625. Call (609) 292-4100 for assistance. You will need: (1) your name, address, and phone number; (2) the employer's name, address, and number of employees; (3) a detailed narrative of what happened, including dates and specific discriminatory comments or actions; (4) names of witnesses; (5) copies of any supporting documents (emails, performance reviews, medical records). There is no filing fee. The deadline is firm; filing after 2 years will likely result in dismissal.

Step 4 — Investigation by NJDCR. After you file, the Division assigns an investigator to your case. The investigator will: (1) contact the employer and request a written response to your allegations; (2) request relevant documents from the employer, including personnel files, emails, and policies; (3) conduct interviews with you, the employer, and potential witnesses; (4) review evidence of discrimination and the employer's stated reasons for its actions; (5) assess whether the evidence shows discrimination occurred. This process typically takes 60–180 days but can extend longer if the investigation is complex. You will receive periodic updates. If the investigator finds "probable cause" that discrimination occurred, the case may proceed to conciliation, where both parties attempt to reach a settlement. If conciliation fails or if the investigator determines no probable cause, either party can request a hearing before an administrative law judge (ALJ). The hearing is formal and you may present witnesses and evidence.

Step 5 — Consider Consulting an Employment Attorney. You should consult an attorney experienced in discrimination law if: (1) the employer retaliates against you after you file a complaint (retaliation is illegal under N.J.S.A. § 10:5-4); (2) the investigation stalls or you disagree with the investigator's findings; (3) the case proceeds to an administrative hearing; (4) you want to negotiate a settlement; (5) you are seeking substantial damages or want to ensure your rights are protected. An attorney can: (1) help you gather evidence and identify witnesses; (2) respond to the employer's defense; (3) represent you at the hearing; (4) negotiate a settlement that includes back pay, front pay, damages, and attorney's fees. New Jersey law allows recovery of attorney's fees from the employer if you prevail, which means the employer often bears the cost of your legal representation. Consult a civil rights or employment discrimination attorney licensed in New Jersey.