Pixabay
Attorney General Matthew Platkin and the Division on Civil Rights this week clarified the comprehensive anti-discrimination protections available under the New Jersey Law Against Discrimination, as expanded by the New Jersey Pregnant Workers Fairness Act, for employees who are pregnant, postpartum, breastfeeding or lactating, or who experience related medical conditions.
State law requires most employers to make reasonable accommodations for pregnant, postpartum, breastfeeding or lactating employees unless they can show that doing so poses an undue hardship to the employer’s business. The guidance identifies examples of reasonable accommodations that may be required under the LAD and explains the broad anti-discrimination protections the LAD affords for pregnant, postpartum, breastfeeding, and lactating employees.
“New Jersey offers some of the nation’s strongest protections against discrimination, and it’s imperative that employees understand their rights and that employers know their responsibilities under the law,” Platkin said. “We want our residents to know the protections they are entitled to, and we want to make sure our businesses have the resources they need to comply with our laws. With the guidance issued today, we’re making it clear what accommodations our laws require for employees who are pregnant, postpartum, breastfeeding, or lactating.”
“Through Nurture NJ, we have made it our mission to uplift moms across our state, helping them prioritize their health and the health of their babies both during pregnancy and throughout the early stages of parenthood,” First Lady Tammy Murphy said in a release. “The Law Against Discrimination and this new guidance on protections and accommodations available to pregnant, postpartum, breastfeeding and lactating employees will be a critical addition to our toolbox as we work to ensure parents in New Jersey understand their rights and feel supported in the workplace.”
The LAD expressly lists the minimum reasonable accommodations that employers must provide pregnant, postpartum, breastfeeding, and lactating employees. Employers are required to provide pregnant employees with bathroom breaks, hydration breaks, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. For lactating employees, employers are required to provide reasonable break time each day and a suitable room or other location with privacy, other than a toilet stall, near the work area for the employee to express milk. The guidance also provides dozens of additional examples of accommodations that may be required pursuant to the LAD. Those reasonable accommodations may include time off or scheduling flexibility for health care appointments, workstation modifications to reduce pain and discomfort, modifications to uniforms or dress codes, modifications to eating and drinking policies, remote work, and adjustments to quotas or production standards to reflect milk expression breaks.
The guidance explains that the LAD requires employers to either grant accommodation requests without undue delay or, if the request is extremely expensive or difficult to accommodate, work with the employee to find alternative accommodations.
The New Jersey guidance was updated in the wake of the Supreme Court’s 2022 decision overturning the federal constitutional right to an abortion.
"We applaud the New Jersey Office of Attorney General and Division on Civil Rights for its commitment to helping pregnant and postpartum workers enforce their rights, so they can protect their health and that of their infants while continuing to earn their income,” A Better Balance Vice President Elizabeth Gedmark said.
To learn more about workplace reasonable accommodations covered by the guidance, see Workplace Accommodations for Breastfeeding and Lactation; What Employers Need to Know About Workplace Pregnancy Accommodations and What Employees Need to Know About Workplace Pregnancy Accommodations.
For additional information about protections for pregnant, postpartum, breastfeeding, and lactating employees and DCR’s work, see Pregnancy, Breastfeeding, and Reproductive Rights in New Jersey website.
