January 27, 2014
Practice Group:
Labor, Employment &
Workplace Safety
New Protections for Pregnant Employees under New
Jersey Law
By Vincent N. Avallone, Fiona E. Cousland, and Meghan T. Meade
On January 21, 2014, New Jersey Governor Chris Christie signed a bill into law that adds
pregnancy as a protected classification under New Jersey’s Law Against Discrimination
(“LAD”) and requires employers to provide reasonable accommodations for workers affected
by pregnancy, including bathroom breaks, breaks for increased water intake, assistance with
manual labor, job restructuring or modified work schedules, and temporary transfers to less
strenuous or hazardous work.1
This amendment to the LAD covers pregnant women, those who have recently given birth,
and those who have medical conditions relating to pregnancy, including recovery from
childbirth. As with any other protected classification under the LAD, employers may not
refuse to hire, discriminate in the terms and conditions of employment, or terminate the
employment of a woman on the basis of her pregnancy. Specifically, the law bans
employers from treating a woman that the employer knows or should know is affected by
pregnancy in a less favorable manner than any other employee who, while not pregnant, is
similarly limited in his/her ability to work. In addition to its increased protections in
employment, the law bans pregnancy discrimination in housing, public accommodations, and
finance. 2
The new law further provides that accommodations shall be granted to employees who are
affected by pregnancy when requested based on the advice of a physician. 3 Employers are
not required to grant accommodations if they would place an “undue hardship” on the
business operations of the employer. The factors to be considered in determining whether
an accommodation would impose an undue hardship include the size of the employer’s
business and number of employees, the nature and cost of the accommodation, and the
extent to which the accommodation would involve waiver of an essential requirement of the
job.4 The law specifically notes that it should not be construed as increasing or decreasing
any employee’s rights under the law to paid or unpaid leave in connection with pregnancy. 5
The new law expands on the protections of the federal Pregnancy Discrimination Act (“PDA”)
enacted in 1978, which prohibits discrimination based on pregnancy in hiring, firing, and
other terms and conditions of employment. 6 Significantly, the PDA does not include a
specific reasonable accommodation requirement. Several other states have laws addressing
discrimination against pregnant employees, including California, Connecticut, Hawaii,
1
2012 New Jersey Senate Bill No. 2995.
N.J. Stat. Ann. § 10:5-12 (f) (g) (h) and (i).
3
Id. at (s).
4
Id.
5
Id.
6
42 U.S.C. § 2000e et seq.
2
New Protections for Pregnant Employees under New Jersey Law
Louisiana, Alaska, Texas, and Illinois. 7 New York City enacted a similar law in September
2013 which goes into effect this month, the “NYC Pregnant Workers Fairness Act,” which
requires employers to provide reasonable accommodations for pregnancy and related
medical conditions.8
New Jersey’s new law goes into effect immediately and applies to all employers in New
Jersey. Employers must coordinate with women affected by pregnancy in the same manner
as with any employee who is medically restricted in his/her ability to perform the essential
functions of his/her job. Particularly important, and as noted above, the law does not alter
employers’ responsibilities under existing law with respect to providing paid or unpaid leave
in connection with pregnancy. Employers should nonetheless seek counsel to better
understand the interplay that now exists between the LAD, federal and state leave laws, and
the Americans with Disabilities Act.
Authors:
Vincent N. Avallone
vincent.avallone@klgates.com
+1.973.848.4027
Fiona E. Cousland
fiona.cousland@klgates.com
+1.973. 848.4038
Meghan T. Meade
meghan.meade@klgates.com
+1.973. 848.4119
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regard to any particular facts or circumstances without first consulting a lawyer.
©2013 K&L Gates LLP. All Rights Reserved.
7
Cal. Gov't Code § 12945; Conn. Gen. Stat. § 46a-60(a)(7); Haw. Admin. Rules § 12-46-107; La. R.S. 23:342(4); Alaska
Stat. § 39.20.520(a); Tex. Local Gov't Code § 180.004(b); Ill. Comp. Stat. Ann. § 775 5/2- 102(H).
8
New York City, N.Y., Local Law No. 78 Int. No. 974-A (2012).
2