NJ A4704: Breastfeeding to Become a Protected Equal Pay Class Under NJLAD

New Jersey’s protections under the Law Against Discrimination continue to expand. Proposed bill A4704 looks at how breastfeeding status fits within them. When breastfeeding is treated as a protected status under NJLAD, pay differences tied to that status fall under the state’s equal pay rules. 

Our team at Brandon J. Broderick often sees wage differences after employees return from pregnancy-related leave. They are tied to scheduling changes or assumptions about availability. A4704 addresses this pattern by including breastfeeding status within equal pay rules. What appears to be a routine adjustment can carry legal consequences when linked to a protected status. 

This article explains what A4704 proposes, how breastfeeding status would be treated under NJLAD, what employers must account for in compensation decisions, and when to consult an equal pay lawyer in New Jersey.

What A4704 Would Change for Breastfeeding Protections Under NJLAD

Assembly Bill A4704 targets a narrow issue. It amends the New Jersey Law Against Discrimination (NJLAD) to make breastfeeding explicit in the statute’s equal pay protections and to clarify lactation-related adjustments at work.

New Jersey already treats pregnancy and breastfeeding as protected categories. But A4704 adds clarity where employers and workers often disagree. The bill updates accommodation language and expands equal pay protections.

A4704 would require employers to support lactating employees for as long as the employee chooses. It moves away from language tied to breastfeeding an infant child and focuses on the worker’s needs. This matters because lactation doesn’t follow a fixed timeline.

The bill outlines examples of reasonable accommodations. For example:

• break time for milk expression paid at the employee’s regular rate of compensation
• job restructuring or temporary changes in duties
• modified work schedules

Employees must also have access to a private space for milk expression. The space cannot be a restroom and must be free from intrusion by employees or customers. A designated lactation room is commonly used to meet this requirement.

Those details align with guidance already issued by the New Jersey Division on Civil Rights. Workers need multiple breaks during a shift to express and store milk. A4704 puts this expectation directly into statutory language. The statute already bars differences in wages based on protected characteristics. A4704 adds breastfeeding to that list within subsection (t), which governs equal pay.

The addition carries weight. Many claims turn on protected status. Once breastfeeding is included alongside sex, pregnancy, race, disability, and other categories, workplace decisions tied to lactation status violate the law. 

In 2023, full-time working women earned a median of $1,005 per week compared with $1,202 for men, about 83.6% of men’s weekly earnings. That difference helps explain why New Jersey has gone further than federal law. 

The change focuses on how decisions are made at work. When a supervisor assumes a breastfeeding employee is less committed or not suited for certain assignments, the decision is tied to a protected status. For example, this may include being overlooked for high-profile projects or mentorship opportunities. A4704 brings this kind of conduct within the equal pay law. 

For workers seeing pay differences after returning from childbirth or while expressing milk at work, the issue goes beyond accommodations. It becomes a question of wages. An equal pay attorney in New Jersey can help assess the situation. 

Lactation Under NJLAD: How the New Jersey Equal Pay Law Works

New Jersey’s Diane B. Allen Equal Pay Act sets a straightforward rule. Employers cannot pay a member of a protected class less than an employee outside that class for similar work.

Substantially similar work doesn’t require identical job titles. The comparison looks at the actual work performed. In our experiences, courts focus on three factors:

• skill;
• effort;
• responsibility.

Those factors are viewed together. If two jobs require similar levels of skill, effort, and responsibility, the law treats them as comparable. The law covers more than hourly wages. Compensation includes:

• base salary or hourly rate;
• overtime opportunities;
• bonuses and commissions;
• benefits such as health coverage or retirement contributions;
• shift differentials and premium assignments.

New Jersey law goes beyond federal rules in several ways. It allows pay comparisons across different locations or departments within the same employer. A worker in one facility can compare pay with someone in another if the work is substantially similar. The standard also applies to remote workers performing similar roles. 

Employers do have defenses. A salary difference is lawful if it rests on a recognized factor. The statute lists examples:

• a seniority system;
• a merit system;
• a system based on quantity or quality of production;
• a bona fide factor such as education, training, certification, or experience.

These defenses have limits. The factor must be job-related and applied reasonably. It cannot serve as a cover for discrimination. It also cannot perpetuate a wage gap if a less discriminatory alternative exists.

A4704 adds breastfeeding to the list of protected characteristics. The same rules then apply. An employer who treats an employee less favorably for similar work must show a valid, job-related reason. This standard applies to both permanent and temporary employees performing the same duties. Assumptions about commitment do not qualify. 

This matters in day-to-day decisions. Wage differences often follow changes in assignments or opportunities. A supervisor may move a breastfeeding employee into a lower-paying role or limit overtime. In cases our team at Brandon J. Broderick reviews, these decisions are tied to assumptions about availability. 

How Breastfeeding as a Protected Class Affects Equal Pay in New Jersey

Discrimination shows up through decisions that shape how a worker earns money. Breastfeeding status can influence those decisions in subtle ways.

A worker might return from childbirth at the same hourly rate but earn less over time. The difference comes from fewer hours or reduced access to bonuses. Each change looks small on its own. Together, they affect total compensation.

Common situations include:

• reassignment from a higher-paying shift to a lower-paying schedule after requesting lactation breaks;
• removal from overtime rotations based on assumptions about availability;
• fewer sales opportunities or client assignments in commission-based roles;
• lower performance ratings tied to “availability” or “flexibility”;
• exclusion from projects that lead to bonuses or advancement;
• movement into a role with fewer earning opportunities after returning from leave;
• reduced access to travel or high-value assignments tied to business development.

Each of these decisions connects to compensation. The law looks at the result, not the label. If two employees perform the same work but one receives fewer opportunities, the wage difference becomes a legal issue.

Workplace adjustments play a role here. An employee who takes breaks to express milk is meeting a medical need. NJLAD already requires employers to provide breaks and a suitable private space. A4704 strengthens the connection by tying lactation status directly to equal pay protections. It connects accommodation law and wage law. 

Assumptions are common. A manager might think a breastfeeding employee prefers fewer hours or less demanding work. Acting on that assumption changes the employee’s pay path. The equal pay law doesn’t allow decisions based on stereotypes.

Timing matters as well. Pay differences begin soon after a worker returns from leave or requests an adjustment. A shift change or a reassignment may seem routine. When it follows a request tied to breastfeeding, it points to bias.

Workers who track hours and compensation often spot patterns early. In our practice, a steady decline in earning opportunities can signal an equal pay issue. Once breastfeeding is recognized as a protected status under A4704, that review becomes easier to apply. 

How A4704 Adds Breastfeeding Protections to Existing New Jersey and Federal Protections

A4704 builds on existing law. New Jersey already provides strong protections under the NJLAD. Employers must offer reasonable adjustments unless doing so creates an undue hardship. The standard looks at business size, cost, and operational impact.

State guidance explains what those accommodations look like. Federal law covers similar ground. 

The Pregnancy Discrimination Act, part of Title VII of the Civil Rights Act of 1964, treats pregnancy, childbirth, and related medical conditions as sex discrimination. 

The U.S. Equal Employment Opportunity Commission has recognized that lactation and breastfeeding fall within those protections. 

Congress also addressed lactation directly through the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act. It requires employers to provide break time and space for employees to express milk.

State and federal laws work together, but they address different parts of the same issue. They ensure that a worker can meet a medical need at work without losing a job or facing discipline. A4704 goes further by focusing on compensation. It connects lactation status to the NJLAD’s equal pay provision. Accommodation alone doesn’t address how workers earn money over time.

A Clearer Standard for Pay and Opportunity

Employers who already follow NJLAD accommodation rules will also need to look closely at pay practices. Decisions about assignments and advancement still need to be based on job-related reasons.

For workers, the change brings more clarity. Questions about reduced hours or missed opportunities are no longer uncertain. Once breastfeeding is named in the statute, those issues are reviewed under the same standards that apply to other protected statuses under NJLAD.

No worker should have to choose between expressing milk and maintaining their earning potential. A4704 makes that expectation clear within the law.

If you have experienced changes to your hours or opportunities after returning from childbirth, it is worth taking a closer look. Contact us today for a free consultation. Our team can review your situation and help you understand your options.