['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
Employer defined
Under the NJ Law Against Discrimination, “employer” includes all ‘persons’ unless otherwise specifically exempt, and includes the state, any political or civil subdivision, and all public officers, agencies, boards or bodies.
“Person” includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For example, the state law requires employers to treat disabilities caused by pregnancy the same as any other similar disability, and to give the same job (or a similar, equal job) to employees returning from pregnancy leave.
Under NJ law, employers must make reasonable accommodations for employees for pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. These could include such changes as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring, modified work schedules, and temporary transfers to less strenuous or hazardous work. The accommodation is to be based on the advice of the employee’s physician, and the employee is to request an accommodation. Employers need not provide an accommodation that poses an undue hardship on the business operations, but must be able to show such undue hardship.
Effective 1/8/18, employers are prohibited from discriminating against employees because of breastfeeding or expressing her milk during breaks. Employers must provide reasonable break time each day, and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express milk. (P.L. 2017, ch. 263)
Employees may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation. Alternatively, they may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.
State
Contact
New Jersey Division on Civil Rights
Regulations
New Jersey Law Against Discrimination, Title 10
New Jersey Statutes Table of Contents
http://www.nj.gov/lps/dcr/employ.html - Office of the Attorney General – Employment Discrimination
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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