Pregnancy Discrimination When Employers Assign Hazardous Tasks Despite Medical Advice in NJ

Pregnancy can make everyday work more complicated. For many New Jersey employees, it is still possible (and often important) to keep working through it with the right adjustments. That is where clear communication and medical advice come in: your doctor may recommend limits on lifting, chemical exposure, long shifts, or extreme temperatures. Sometimes, employers listen and adjust. Other times, they do not.

If you are pregnant, have a note from your doctor, and your employer still insists you handle hazardous tasks the same way you did before, it can be discrimination.

This post breaks down what those laws require, how hazardous assignments can cross the line into bias, and how a pregnancy discrimination lawyer in New Jersey can help when your employer ignores your medical advice.

Ensuring a Safe Workplace In New Jersey When You’re Asked to Perform Hazardous Duties 

No pregnant employee should ever be forced to choose between keeping their job and protecting their health. When an employer ignores medical restrictions or assigns hazardous duties despite clear risks, it is unlawful. New Jersey’s accommodation laws were designed to ensure you can work safely without sacrificing your well-being or your livelihood.

If your employer has denied your accommodation request, assigned dangerous tasks, retaliated against you, or pressured you onto leave, the next step is understanding the legal protections available to you and how to assert them effectively. 

New Jersey’s Legal Framework Protecting Pregnant Workers — and Preventing Hazardous Task Assignments

New Jersey provides some of the strongest legal protections in the country for pregnant employees. These rights stem primarily from the New Jersey Law Against Discrimination (NJLAD): one of the most expansive and protective anti-discrimination statutes in the United States. 

Its protections are intentionally broad, governing nearly every aspect of how you are treated at work during pregnancy. This includes the tasks you are assigned, whether your duties are safely modified, how your schedule and physical responsibilities are managed, and how your employer responds when you provide a doctor’s note or request an accommodation. These safeguards also extend to hiring decisions, meaning a refusal to hire pregnant workers is a form of discrimination prohibited under New Jersey law.

These safeguards exist because discrimination by an employer often shows up in these day-to-day decisions: from refusing to modify hazardous duties to disregarding medical restrictions or dismissing legitimate accommodation requests.

Put simply, decisions about who is assigned hazardous tasks — and if your employer honors medical restrictions — fall directly within NJLAD’s reach. The law also strictly forbids retaliation after pregnancy disclosure, meaning your employer cannot punish you, sideline you, or reduce your opportunities simply because you shared the news or asked for the accommodations you are entitled to.

The NJLAD was further strengthened by the New Jersey Pregnant Workers Fairness Act (PWFA), which amended the statute to specifically address the unique needs of pregnant workers.

These provisions require employers to provide reasonable accommodations whenever an employee requests one based on a doctor’s advice — unless the employer can prove an undue hardship. This can include adjustments to duties, modified schedules, safer task assignments, and even safe equipment when needed to protect their health. 

The statute and guidance from the New Jersey Division on Civil Rights and Attorney General give concrete examples, and makes it unlawful to penalize someone for requesting or using an accommodation. 

In Delanoy v. Township of Ocean (2021), the New Jersey Supreme Court made these protections even clearer by reaffirming the protected classifications under state law.

Pregnancy itself does not need to be labeled a “disability” for these protections to apply: all pregnant workers are covered. And unlike federal laws, which apply only to employers meeting certain size thresholds, the NJLAD covers nearly all employers in New Jersey, reaching the many subtle ways discrimination can occur, including exclusion from training, unequal access to overtime, or other unequal treatment.

When Assigning Hazardous Work Crosses the Line Into Illegal Discrimination Under NJ Law

Once a pregnant worker notifies her employer of a medical need, the employer has a legal duty to engage in a good-faith interactive process to find a safe and effective accommodation. Failing to do so or dismissing a valid request can violate the NJLAD.

Discrimination often follows a familiar pattern. A pregnant employee may present medical advice recommending restrictions, such as avoiding:

• Heavy or repetitive lifting
• Prolonged standing
• Exposure to chemicals or hazardous substances
• Operating heavy machinery

New Jersey law specifically identifies temporary transfers to less strenuous or hazardous work as a reasonable accommodation.

A violation occurs when an employer refuses accommodations without justification. This can include:

• Outright denying the request
• Claiming “undue hardship” without a meaningful assessment
• Offering accommodations that are unrealistic or ineffective
• Delaying decisions and leaving the employee in unsafe conditions

One of the clearest forms of discrimination is when an employer forces a pregnant worker onto unpaid leave even though a reasonable accommodation exists. The law is explicit: if a pregnant employee can perform their job with an accommodation, they cannot be required to take leave. If you’ve been pressured into time off, speaking with a local NJ lawyer can help you understand your options under specific state law.

This issue has gained statewide attention. In October 2025, the New Jersey Division on Civil Rights brought a formal complaint against Amazon, alleging systemic bias across its warehouse operations. 

According to the complaint, pregnant employees who requested straightforward accommodations — such as the use of a wheelchair, lighter duties, or additional breaks — were routinely placed on unpaid leave rather than meaningfully included in the interactive process required by law.

One worker’s experience was particularly striking: despite having an approved lifting restriction and permission for more frequent breaks, she was terminated weeks later for failing to meet productivity quotas: quotas she could not reasonably satisfy because of the very accommodations she was granted.

Cases like this illustrate precisely what New Jersey law is designed to prevent: automatic denials, failure to engage in a good-faith dialogue, and retaliation against workers for the limitations the law requires employers to accommodate.

Understanding Accommodations: What “Undue Hardship” Means in NJ When Hazardous Tasks Put Workers at Risk

Two legal concepts sit at the center of your rights as a pregnant worker in New Jersey: reasonable accommodation and undue hardship.

A reasonable accommodation is any practical modification to your job, schedule, duties, or workplace that enables you to work safely. These accommodations can take many forms and should be tailored to your medical needs. In addition to temporary transfers away from hazardous tasks, common examples include:

• Additional bathroom or rest breaks
• Assistance with lifting or physically strenuous tasks
• Modified work schedules or shift changes
• Job restructuring
• Permission to sit or drink water as needed
• Time off for prenatal or medical appointments

New Jersey law requires employers to provide these accommodations unless doing so would create an undue hardship — a narrow exception with a high threshold. To claim undue hardship, an employer must demonstrate that the accommodation would cause significant difficulty or expense. 

Factors include the size and resources of the business, the cost of the accommodation, and the effect on daily operations. Importantly, the employer carries the burden of proving undue hardship, not the employee.

Recent enforcement data also shows how often these protections are being tested nationwide. In the first 11 months after the federal Pregnant Workers Fairness Act took effect, employees filed 1,869 federal charges alleging that employers refused, delayed, or otherwise failed to provide legally required accommodations.

How to Protect Yourself When Assigned Hazardous Tasks During Pregnancy in NJ

If you’ve been assigned hazardous duties during pregnancy or your employer is ignoring your medical restrictions, an experienced New Jersey attorney can guide you through your next steps. A local legal expert can evaluate your documentation, communicate with your employer on your behalf, ensure the accommodation process is handled correctly, and intervene if your rights under the NJLAD or PWFA have been violated. 

They can also help you challenge denials, gather evidence, and pursue a legal claim if you’ve been forced onto leave, retaliated against, or placed in unsafe conditions. Having legal counsel early often prevents employers from dismissing or minimizing your concerns.

If you are advised to avoid hazardous work, there are important steps you can take on your own to protect your health and your rights. Start by getting clear written documentation from your healthcare provider outlining your medical restrictions and the specific tasks you must avoid. Then submit a written request for reasonable accommodation to your employer: email is ideal because it creates a reliable record. You can propose practical options such as temporary reassignment, modified duties, or adjusted physical tasks.

As you navigate this process, document everything. This paper trail becomes critical evidence if you later decide to file a formal complaint or consult an attorney.

The Real-World Consequences of Employers Ignoring Hazardous Task Restrictions in Pregnancy

When employers ignore medical restrictions and force pregnant employees to perform hazardous work, the consequences can be serious. Physically, these decisions can put both the employee and their future at risk. Emotionally and financially, the damage can be equally severe: from heightened stress and anxiety to lost income if the employee is wrongfully pushed onto unpaid leave or terminated.

New Jersey law recognizes these harms. Successful discrimination claims may allow recovery for lost wages, emotional distress, and even punitive damages when the employer’s conduct is particularly egregious. In its case against Amazon, the New Jersey Division on Civil Rights alleges systemic violations against employees who asked for help. 

This kind of pattern shows how discrimination can evolve: not only through an initial denial of accommodation, but through punishment and retaliation for asserting legally protected rights.

Told By Your Doctor To Avoid Heavy Lifting Or Hazardous Tasks — But Your Employer Ignores It?

In New Jersey, It May Be Pregnancy Discrimination. Reach Out To Us If You Need Guidance.