Temporary Positions and Pregnancy Discrimination: NJ Law Explained

Pregnancy should never be a reason to lose a job — not even a temporary one. But in many workplaces, temporary employees face unique challenges when it comes to asserting their rights. When pregnancy enters the picture, those challenges can grow even more complicated.

If you’re pregnant and working in a temp role, whether through an agency or directly for a company, you still have rights under both state and federal law.

This article breaks down how pregnancy discrimination shows up in temporary jobs, what legal protections exist in New Jersey, and what you can do if you believe you’ve been treated unfairly.

What Counts as a Temporary Position?

A temporary position, often referred to as a temp job, is typically:

• Short-term or seasonal
• Filled through a staffing agency or temp agency
• Limited in duration, such as a few weeks or months
• Lacking traditional benefits like paid time off or health insurance

Regardless of how the employment is structured, workers in temporary roles in NJ still count as employees under the law — that includes protection from discrimination based on pregnancy or childbirth.

Pregnancy Discrimination: What It Looks Like

Pregnancy discrimination happens when an employee is treated unfairly because:

• They are pregnant
• They plan to become pregnant
• They’ve experienced a pregnancy-related condition
• They’ve taken maternity or medical leave related to pregnancy or childbirth

In a temporary job, this might include:

• Being let go early after revealing you’re pregnant
• Not being assigned to a job after disclosing a pregnancy
• Being denied light duty or schedule accommodations
• Receiving fewer hours after returning from leave
• Being asked inappropriate questions during interviews (e.g., “Are you planning to have a baby?”)

Pregnancy discrimination is often subtle — especially in temporary or at-will roles where employers feel they have broad discretion. But just because a job is short-term doesn’t mean it’s legal to deny you the position because you’re pregnant. If an employer refuses to hire you based on your pregnancy, it could violate New Jersey law.

NJ Law Protects Temp Workers from Pregnancy Discrimination

New Jersey offers some of the strongest workplace protections in the country — including for temporary and part-time workers.

1. New Jersey Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on pregnancy, childbirth, and related medical conditions. It applies to all employers, regardless of size — and it includes temporary employees.

Under NJLAD:

• Employers must treat pregnant workers the same as others with similar ability or limitations.
• Pregnant workers must be provided reasonable accommodations, such as breaks, modified schedules, or temporary reassignment.
• Employers cannot retaliate against someone for requesting accommodations or taking pregnancy-related leave.

If a temp agency or the company where you're placed engages in discriminatory practices or workplace retaliation after pregnancy disclosure, both can be held liable under the law.

2. New Jersey Pregnant Workers Fairness Act

In 2014, New Jersey amended NJLAD with the Pregnant Workers Fairness Act (PWFA) to further protect workers from discrimination. It specifically requires employers to:

• Provide reasonable accommodations for pregnancy-related needs
• Avoid forcing pregnant employees to take leave if other accommodations are available
• Not penalize workers for requesting pregnancy accommodations at work

This law covers temporary employees, regardless of whether they're hired through an agency or directly.

What About Federal Law?

Federal laws also offer protections:

The Americans with Disabilities Act (ADA)

If a pregnancy causes a medical complication or temporary disability — like gestational diabetes or preeclampsia — the Americans with Disabilities Act may require the employer to provide reasonable accommodations.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act offers up to 12 weeks of unpaid leave for pregnancy, childbirth, and bonding with a new child — but only if the employee:

• Has worked at least 12 months (and 1,250 hours)
• Works for an employer with 50+ employees

Because of these limits, many temporary employees do not qualify for FMLA. But state law — like NJLAD and the PWFA — may offer stronger protections even when FMLA doesn’t apply.

Learn more: Pregnancy and Remote Work: Avoiding Discrimination Claims in NJ

Common Forms of Pregnancy Discrimination in Temp Jobs

Here’s how pregnancy discrimination often plays out in temporary roles — and what employers can and can’t do under New Jersey law:

1. Sudden Loss of Assignment

A temp worker shares news of their pregnancy and is quickly removed from their current role — sometimes with no explanation.

2. Refusal to Place

An agency refuses to place a pregnant applicant or tells them certain jobs “aren’t safe” or “too physical,” without offering alternatives.

3. No Reasonable Accommodations

A pregnant temp asks for a stool or light-duty tasks due to pregnancy or pregnancy complications but is denied, with the excuse that they’re “not a regular employee.” However, employer responsibilities during pregnancy complications apply regardless of temp status — and denying reasonable accommodations may violate New Jersey law.

4. Reduction in Hours or Pay

After disclosing pregnancy, the worker finds their hours cut — or they’re given less favorable shifts or tasks.

5. Hostile Remarks

Comments like “You won’t be able to do this job much longer” or “Maybe you should just stay home” are often used to push a pregnant temp out.

All of these actions may violate NJLAD or other laws, depending on the context.

Who’s Responsible — the Temp Agency or the Host Company?

In many cases, both.

New Jersey law recognizes that when a temporary worker is placed at a job site, there are often joint employers — the agency that hires and pays the worker, and the company that supervises their day-to-day tasks.

Both can be held legally responsible for:

• Discriminatory conduct
• Failure to accommodate
• Retaliation for asserting pregnancy rights

For example, if a temp agency refuses to reassign a pregnant worker to a less physical task, and the host company supports that decision, both may be liable.

How to Protect Yourself as a Pregnant Temp Worker

If you’re pregnant and working in a temporary position, here are steps you can take to protect your rights:

1. Know Your Rights

You have the same legal protections against discrimination and retaliation as permanent employees — regardless of your job title or length of assignment.

2. Put Requests in Writing

If you need accommodations, make the request in writing and keep a copy. Be specific about what you’re requesting and why.

3. Keep Records

Document any questionable behavior, changes in job assignments, or discriminatory comments. Save emails, messages, or notes from conversations.

4. Report Problems Promptly

If you believe you’re being discriminated against, notify your supervisor or HR — at both the host company and the temp agency. Request a formal investigation.

5. Contact an Employment Lawyer

If you’re being treated unfairly or have lost your job because of pregnancy, speak to a pregnancy discrimination lawyer in New Jersey. They can help you file a claim, negotiate with the employer, or take legal action if needed.

Temporary Doesn’t Mean Unprotected

Pregnancy is not a liability — and you have the human right to a maternity leave as a stand-in, or fitting accommodations should you need them. In New Jersey, temporary employees have real rights, and the law is designed to protect them from the kind of quiet, everyday discrimination that too often goes unchecked.

If you're pregnant and working a temporary job, you don’t have to tolerate unfair treatment. Whether you’re just looking for a short-term paycheck or hoping to secure a permanent position when you return to work after maternity leave, the law protects you from being pushed aside or penalized for having a family.

Contact Us for Legal Advice and a Free Consultation

Have you been denied work, let go, or mistreated in your temp job because of pregnancy? Even if the position was temporary, the impact of discrimination is real.

We’ll review your situation, explain your rights, and help you take the next step — all with compassion and discretion.

Contact us today for a free, confidential consultation with a pregnancy discrimination attorney in New Jersey. Let’s talk about what happened.