NJ Employer Alert: Gov. Christie Signs Pregnancy Discrimination Bill into Law
February 24, 2014
- 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.