Pregnancy & Disability

It is illegal for employers to discriminate or retaliate against any woman based on pregnancy, perceived pregnancy or childbirth. When employers take adverse actions against women due to their pregnancy or childbirth, these actions may constitute violations of federal or state law. Adverse employment actions come in many forms such as when employers fail to hire, accommodate, promote, provide benefits, or even terminate or demote employees due to their pregnancy status.

In the New York and New Jersey region, the following state and federal laws provide protections and rights to pregnant employees:

  • Pregnancy Discrimination Act (PDA)
  • Americans with Disabilities Act (ADA)
  • New Jersey’s Law Against Discrimination (LAD)
  • New York City Human Rights Act (NYHRA)

Additionally, complicated and high risk pregnancies that constitute disabilities are protected by provisions of the Family Medical Leave Act (FMLA), as well as some of the above named statutes. In most instances, the employer will be required to “engage in the interactive process” with the employee in order to determine “reasonable accommodation” of an employee’s handicap, if it is feasible.

Our New Jersey and New York pregnancy discrimination lawyers concentrate in protecting your rights and litigating these claims. If you have been unfairly treated in the workplace due to your pregnancy or childbirth, please call us at (973) 509-8500 to schedule a consultation.