Pregnancy Discrimination in New Jersey: What Employers Can and Can’t Do

Pregnancy is a life-changing experience. But for many workers in New Jersey, it also comes with another, less-talked-about challenge — discrimination at work.

If you’re pregnant or planning to become pregnant, you might worry about losing your job, being passed over for promotions, or being treated unfairly by your employer. The good news is: New Jersey law offers strong protections for pregnant employees. But not everyone knows their rights — or what employers are and aren’t allowed to do.

This guide explains what qualifies as pregnancy discrimination at work, what your rights are, and what actions you can take if those rights are violated. 

What Is Pregnancy Discrimination?

Pregnancy discrimination happens when an employer treats an employee or job applicant unfairly because they are pregnant, planning to become pregnant, recently gave birth, or have a pregnancy-related condition.

This kind of discrimination can take many forms, including:

• Firing or demoting an employee after they announce a pregnancy
• Refusing to hire someone because they’re visibly pregnant
• Denying reasonable accommodations for medical needs
• Cutting hours, changing responsibilities, or isolating the employee
• Penalizing someone for taking pregnancy or family leave
• Making negative comments about pregnancy or parenting status

And while some discrimination is blatant, it can also be subtle — like being excluded from meetings or passed over for growth opportunities once you disclose your pregnancy.

What The Law Says About Workplace Pregnancy Rights New Jersey 

New Jersey has some of the strongest workplace protections for pregnant workers in the country. Several laws may apply to your situation:

1. The New Jersey Law Against Discrimination (NJLAD)

Under NJLAD, it is illegal for employers to discriminate against workers based on pregnancy, childbirth, or related conditions. This includes all stages of employment — from hiring and training to promotions and layoffs.

Employers are also required to provide reasonable accommodations to pregnant workers if requested, unless doing so would cause undue hardship. These accommodations might include:

• More frequent breaks
• Light duty or modified tasks
• Temporary transfers away from hazardous environments
• Seating, schedule changes, or permission to carry water

NJLAD applies to nearly all employers in New Jersey, regardless of size.

2. The Pregnant Workers Fairness Act (PWFA)

New Jersey passed its own version of the Pregnant Workers Fairness Act in 2014, amending the NJLAD. This law requires employers to treat pregnancy-related needs similarly to how they would treat other temporary disabilities — such as injuries or surgeries.

The law makes it clear: if your employer provides accommodations to other workers with medical limitations, they must do the same for pregnant workers.

3. The New Jersey Family Leave Act (NJFLA)

The NJFLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave during a 24-month period to care for a new child. This applies to both mothers and fathers.

Unlike federal leave laws, New Jersey’s leave can be used after the birth or adoption of a child — and it applies to employers with 30 or more employees (a lower threshold than the federal Family and Medical Leave Act).

4. New Jersey Earned Sick Leave Law

Under this law, most workers in New Jersey earn paid sick leave they can use for pregnancy-related health needs, prenatal care, or to care for a newborn.

What Employers Can’t Do in New Jersey

Let’s break it down clearly. In New Jersey, employers cannot:

• Fire or demote you because you’re pregnant
• Refuse to hire you because you may become pregnant
• Deny reasonable accommodations with a doctor’s note
• Harass you or make offensive remarks about your pregnancy
• Force you to take leave if you’re able and willing to work
• Penalize you for taking legally protected time off

These actions are violations of New Jersey state law and may also violate federal laws like the Pregnancy Discrimination Act or the Americans with Disabilities Act (ADA).

What Employers Can Do — Legally

That said, not every workplace decision involving a pregnant employee is illegal. Employers can:

• Ask for medical documentation when you request accommodations
• Deny accommodations that would cause “undue hardship” (like significant cost or workplace disruption)
• Treat pregnancy the same as any other short-term disability, applying existing leave policies fairly
• Set work expectations and standards — as long as they’re applied equally to all employees

Employers are allowed to operate their business. They just can’t treat pregnant workers differently or unfairly.

How to Prove Pregnancy Discrimination

If you’re feeling singled out, sidelined, or treated unfairly at work because of your pregnancy, trust that your concerns are valid. Here’s how to build your case: 

1. Start Taking Notes

Write down what’s happening. Keep track of dates, what was said or done, who was involved, and any changes in your workload or treatment. Even if it seems small in the moment, those details can become important later.

Save emails, messages, and any paperwork that supports your concerns. A paper trail helps tell your story — and show a pattern if there is one.

2. Speak Up Internally (If You Feel Safe Doing So)

If your workplace has a human resources department or an employee handbook with a reporting policy, it’s a good idea to raise your concerns in writing. Whether it’s your manager, HR, or someone else you trust at work, sharing what you’re experiencing can sometimes lead to resolution — and also creates a record that you raised the issue.

If you’re not sure how to word it, a pregnancy discrimination lawyer can help you write a respectful but clear message to your employer.

3. Reach Out to a Pregnancy Discrimination Lawyer in New Jersey

You don’t have to wait until things get worse to get legal advice. A pregnancy discrimination lawyer in New Jersey can help you understand your rights and options, even if you’re just exploring what’s possible. Whether you’re dealing with subtle shifts in how you’re treated or something more blatant, talking to a lawyer can give you both a peace of mind and a plan.

Many lawyers offer free consultations, so it doesn’t cost anything to have that first conversation. They can help you decide if you should file a complaint, how to respond to retaliation, or whether a legal claim makes sense for your situation.

4. File a Formal Complaint

If internal reporting doesn’t help — or retaliation follows — you can file a complaint with the New Jersey Division on Civil Rights (DCR) within 180 days of the discriminatory act. You also have the option to file a lawsuit in state court — usually within two years — which a pregnancy discrimination lawyer can help guide you through.

What the Numbers Say

Pregnancy discrimination complaints are rising — both nationally and in New Jersey. According to the EEOC, pregnancy-related charges made up nearly 2,000 complaints nationwide in a single year. And advocates say those numbers likely underrepresent the true scope of the problem, as many workers remain afraid to speak up.

In New Jersey, organizations like the ACLU and Legal Services of New Jersey have reported increased inquiries from pregnant workers concerned about job loss, denied leave, and unfair treatment.

These numbers highlight a simple truth: while protections exist, enforcement still matters — and awareness is the first step. 

Why This Matters

Pregnancy discrimination is a matter of dignity, equality, and health. No one should have to choose between their job and their family. No one should feel punished for choosing to become a parent.

New Jersey has some of the most comprehensive pregnancy discrimination protections in the country. But those protections only work when people know their rights — and exercise them.

Whether you're pregnant or planning ahead, understanding what your employer can and can't do is the best way to protect yourself and others in the workplace.

Facing Pregnancy Discrimination? We Can Help.

Our team is here to support you — whether you’re looking for answers or ready to take legal action. We offer confidential, no-cost consultations to help you understand your rights and protect your job. 

Call us today to talk to a maternity discrimination lawyer NJ and get started.