New Jersey Pregnancy Discrimination Attorneys

Fighting For Those Who Have Been Experienced Discrimination Based on Their Pregnancy in NJ & Philadelphia

Pregnancy can be one of the most joyous, and yet most difficult, periods in a woman’s life. A pregnant woman must handle the physical and emotional changes that come with pregnancy while also navigating through what may be new challenges in the workplace. Unfortunately, that can be because some companies discriminate against pregnant women, even though it’s wrong and illegal to do so. Pregnant women have the same rights as anyone to advancements, promotions, and fair treatment, and yet, some workplaces continue to mistreat pregnant women simply because they have made the choice to start a family.

At The Law Firm of Morgan Rooks, P.C., we strongly believe in protecting workers’ rights. Women, like men, should be able to experience the joy and happiness of starting a family and the satisfaction of advancing their careers and earning a paycheck. You don’t have to choose one or the other. Employers that discriminate against pregnant women are breaking the law and repressing the rights of women everywhere.

We believe that organizations that engage in this type of unfair discrimination need to be held accountable for their actions. If you or someone close to you is experiencing discrimination in the workplace because of a pregnancy, contact the New Jersey pregnancy discrimination lawyers at The Law Firm of Morgan Rooks, P.C. for help exploring your legal options. If your rights have been violated, we can help.

Call our New Jersey pregnancy discrimination lawyers at (856) 746-6332 or complete our online form to learn more.

Examples of Pregnancy Discrimination in the Workplace

Pregnant women all over the country routinely experience discrimination while at work, and while some instances are overt, others are not as easy to recognize. Employers have certain legal obligations to expectant mothers in their workforces as outlined by Title VII of the Civil Rights Act of 1964. When a pregnant woman’s rights are infringed upon, an employer may be held accountable. 

Discrimination against pregnant women in the workplace may happen if the employer:

Denies coverage for pregnancy-related conditions

• Any employer who offers health insurance coverage for typical medical conditions must do so for pregnancy-related expenses. This is true regardless of whether benefits are offered at a set amount or based on a percentage.

Fails to make a hire because of a pregnancy

• American employers may not, by law, refuse to hire a woman because of an existing pregnancy if the woman is still able to perform the duties associated with her job. Similarly, an employer cannot refuse to hire a pregnant woman for personal or religious reasons. An employer may also face repercussions if he or she discriminates against a pregnant woman by offering lower pay or failing to promote her because of the condition, and the employer also cannot fire an employee based on pregnancy status alone.

Fails to acknowledge temporary disabilities due to pregnancy

• If your employer offers disability leave or pays to workers with conditions other than pregnancy, he or she must offer it to you if the need arises during your pregnancy. Your job must remain open and available to you for the same amount of time it would be for a coworker on disability for a reason other than pregnancy.

Refuses to follow the tenets outlined by the Family and Medical Leave Act

• Employers who meet certain criteria also cannot discriminate against pregnant women who have been employed with them for at least a year by refusing a request for 12 weeks of leave (whether paid or unpaid). This typically applies to teachers, public agencies, governmental organizations, and businesses within the private sector that employ 50 or more workers for at least 20 weeks a year.

Essentially, any actions that suggest an impartialness toward a pregnant woman in the workplace may be considered pregnancy discrimination. Often, time limits apply with regard to how long you have to file a discrimination claim against your employer after the offense takes place. If you feel you have been a victim of such discrimination, consider promptly contacting an attorney.

What Proof Do I Need To Prove Pregnancy Discrimination?

If you suspect that you have been the victim of pregnancy discrimination in the workplace, you need to contact an experienced attorney. This type of behavior won’t magically go away and can make your time both at and away from work tremendously stressful, something you don’t need more of during this time. It is also important to consult with a skilled New Jersey pregnancy discrimination attorney because many organizations are only out to protect themselves, not their employees. They may resort to tactics that can make it difficult to prove your case.

What do you need in the way of evidence to support your claims of pregnancy discrimination? To begin, it is very hard to get an employer to outright admit that they are actively engaging in discrimination. Companies know it is illegal and that they can be severely punished if caught. Victims need an aggressive legal team on their side to help them gather the necessary evidence to hold companies accountable for their discriminatory behavior.

In many situations, this evidence is circumstantial, but it can be enough to show discrimination did, in fact, take place. Evidence may include:

• Unusual procedures: If any employer deviates from standard protocol and procedures for terminating an employee or changing their status, this discrepancy may point to discrimination.
• Suspicious timing: If you inform your employer you are pregnant, and the next month you are fired, this is highly suspicious timing for a termination. Similarly, if you are let go right before you go on maternity leave, this type of action could point towards discrimination.
• Unsubstantiated reasons for termination or changes: If an employer changes your status or fires you and gives a reason that lacks substances, it may be a cover for discrimination. For example, if you are let go because they are doing away with your job title, but post a job opening for your now vacant position, that could hint at the fact the company had ulterior motives.
• Compared treatment of other employees: Patterns of behavior may point towards discriminatory practices. If no pregnant woman has ever held their job until delivery, that may be a red flag. If a pregnant employee is being treated differently from a reasonably similar colleague, that may be another red flag.
• Lack of accommodations: As we noted above, pregnant workers have a right to reasonable accommodations during their pregnancy, similar to temporarily disabled employees. If you’re asked to continue picking up heavy crates, for example, that could be a sign of discrimination.

If you have any communication with an employer, such as email or texts that suggest you may face consequences, retaliation, or changes in your job status because of your pregnancy, it is important to keep those materials in a safe and secure location. While many organizations do not blatantly spell out their discrimination in black and white, some may. Keep records of these documents and make note of other office interactions, verbal or otherwise, that may strengthen a pregnancy discrimination case.

What Are My Rights Against Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. It is important to understand that you have legal rights and protections against pregnancy discrimination in the workplace.

Our experienced New Jersey pregnancy discrimination attorneys can help you understand your rights and take legal action if you have been a victim of discrimination. We are dedicated to standing up for your rights and ensuring that you receive the justice and compensation you deserve.

Some key points to know about your rights against pregnancy discrimination include:

• Protection under the Pregnancy Discrimination Act (PDA)
• Reasonable accommodations for pregnancy-related conditions
• Protection against retaliation for asserting your rights
• Your right to file a complaint with the Equal Employment Opportunity Commission (EEOC)

If you believe you have been a victim of pregnancy discrimination, don't hesitate to reach out to our team for a free consultation. We are here to help you stand up for what you know is right.

Contact Our Pregnancy Discrimination Lawyer in New Jersey Today

Women’s roles have changed over the past several decades; unfortunately, some employers’ attitudes have not. Thankfully, the law offers protection to women who may have suffered discrimination simply because they became pregnant. If you suspect that pregnancy discrimination played a role in the change of your job situation, call the legal team at The Law Firm of Morgan Rooks, P.C. for advice.

Our firm serves clients in Gloucester County, Camden County, Burlington County, Cumberland County, Salem County, Mercer County, Ocean County, and Atlantic County, Philadelphia County, and Delaware County.

The Law Firm of Morgan Rooks, P.C. stands with employees, and we stand with you. If your rights have been violated, call us at (856) 746-6332 or complete our form to schedule a free consultation with our pregnancy discrimination attorney in New Jersey.