Discrimination on the basis of pregnancy absolutely violates the NJLAD. An employer may not treat an employee differently because of her status as pregnant, because she will require the commencement of medical leave, or because the medical leave inconveniences the employer in any way. It is permissible for an employer to ask pregnant employee for the expected date of delivery and estimated period of medical leave, evidenced by a medical certificate signed by the expecting’s physician. Once a physician signs the medical certificate, it is impermissible for an employer to set any conditions or play any role in when the leave commences or ends. When the employee has recovered from her pregnancy, she must be permitted to return to work to the same extent as all persons with disabilities or illnesses are allowed.
The federal Pregnancy Discrimination Act of 1978, a subsection to the Civil Rights Act of 1964, also protects women from being treated differently because of pregnancy, childbirth, or related medical conditions to the same. The New Jersey Family Leave Act and federal FMLA also protect against discrimination or retaliation for medical leaves.
Men must also be afforded the same disability benefits, such as leave, as are given to pregnant women under the NJLAD.
If you feel that you are the victim of pregnancy discrimination or gender-based harassment contact and experienced employment lawyer at Kurkowski Law today.