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Understanding Pregnancy Discrimination and Your Rights in New Jersey
Understanding Pregnancy Discrimination and Your Rights in New Jersey

Time Business News

time29-05-2025

  • Health
  • Time Business News

Understanding Pregnancy Discrimination and Your Rights in New Jersey

Welcoming a child into the world should be a joyful and exciting time—not one overshadowed by fear of losing your job or being treated unfairly at work. Unfortunately, many women in New Jersey still face discrimination in the workplace due to pregnancy, childbirth, or related medical conditions. At NJ Employment Lawyers, LLC, we advocate for the rights of working mothers and expectant employees. If your employer has denied accommodations, treated you differently, or retaliated against you because of your pregnancy, you may have a legal claim for pregnancy discrimination. Pregnancy discrimination is a form of unlawful employment discrimination that occurs when an employee or job applicant is treated unfavorably due to pregnancy, childbirth, or a related medical condition. It can take many forms, including: Refusing to hire or promote a pregnant person Reducing work hours or responsibilities after learning of a pregnancy Forcing an employee to take leave even though they are able and willing to work Failing to provide reasonable accommodations, such as modified tasks or schedules Firing or disciplining someone for taking maternity or family leave Such conduct is prohibited under both the federal Pregnancy Discrimination Act (PDA) and the New Jersey Law Against Discrimination (NJLAD). In New Jersey, employers are required to provide reasonable accommodations for pregnant employees, including changes to job duties or work schedules when medically advised. These accommodations might include: Allowing more frequent breaks Light-duty assignments Temporary transfers to less hazardous roles Time off to recover from childbirth Employers may not retaliate against an employee for requesting accommodations. Denying these requests without justification may constitute discrimination. Employees in New Jersey may qualify for job-protected leave under multiple statutes, including: Family and Medical Leave Act (FMLA) – Up to 12 weeks of unpaid, job-protected leave for childbirth and bonding with a new child. – Up to 12 weeks of unpaid, job-protected leave for childbirth and bonding with a new child. New Jersey Family Leave Act (NJFLA) – Similar protections for bonding leave, often usable consecutively with FMLA. – Similar protections for bonding leave, often usable consecutively with FMLA. New Jersey Temporary Disability Benefits – Provides partial wage replacement during pregnancy and recovery. – Provides partial wage replacement during pregnancy and recovery. New Jersey Family Leave Insurance (FLI) – Pays a portion of wages while bonding with a newborn or caring for a family member. If your employer discourages, penalizes, or terminates you for using these leave entitlements, that may be grounds for legal action. Wondering if you've experienced pregnancy discrimination? Some red flags include: A sudden change in your performance reviews after announcing your pregnancy Exclusion from meetings, training, or advancement opportunities Being told your pregnancy will 'interfere' with your duties Discipline or job loss shortly after taking maternity leave Each of these may be more than just poor treatment—they could be legal violations under state and federal law. We understand how emotionally and financially stressful pregnancy discrimination can be. Our attorneys at NJ Employment Lawyers, LLC will take the time to understand your experience, gather evidence, and fight for the compensation and accountability you deserve. We've successfully handled cases involving layoffs during maternity leave, denied accommodations, and retaliation for using family leave. Whether through settlement negotiations or courtroom litigation, we work tirelessly to protect your rights and restore your peace of mind. If you're experiencing pregnancy discrimination in New Jersey, you don't have to face it alone. Reach out to our team today to take the first step toward justice. Address:101 Eisenhower Pkwy #300 Roseland, NJ 07068 Phone: (973) 358-7027 About Us: NJ Employment Lawyers, LLC represents employees across New Jersey in pregnancy discrimination, wrongful termination, retaliation, and other employment law matters. We are proud to defend the rights of working parents every day. TIME BUSINESS NEWS

Legislators aim to codify limits on non-disparagement agreements
Legislators aim to codify limits on non-disparagement agreements

Yahoo

time03-03-2025

  • Politics
  • Yahoo

Legislators aim to codify limits on non-disparagement agreements

Bipartisan legislation sponsored by Sens. Andrew Zwicker (D-Middlesex), above, and Declan O'Scanlon (D-Monmouth) would codify court-set limits on how non-disparagement and other confidentiality agreements can shield workplace abuses. (Dana DiFilippo | New Jersey Monitor) New Jersey lawmakers are moving to codify court-set limits on confidentiality agreements that would bar workers from speaking publicly about retaliation, harassment, or discrimination. The Senate Labor Committee on Monday will weigh whether to extend a state prohibition on non-disclosure agreements to other types of confidentiality agreements that could bar speech about workplace abuses. 'We shouldn't be allowing powerful employers to bully people into not speaking out when speaking out is absolutely the right thing to do and should be their right,' said bill sponsor Sen. Declan O'Scanlon (R-Monmouth). The move follows a unanimous New Jersey Supreme Court from May on the state's existing ban on settlement and contract provisions prohibiting victims from discussing claims of discrimination, harassment, or retaliation. The court ruled that the ban also extends to non-disparagement agreements. That statute was enacted in 2019 through amendments to the New Jersey Law Against Discrimination sponsored by former state Sen. Loretta Weinberg (D-Bergen). It bars confidentiality agreements in those circumstances but names only non-disclosure agreements. 'The intent of the original Weinberg bill was to address this issue in totality. It didn't, but it's a simple fix. Both myself and Senator O'Scanlon want to ensure there is no possible question of what the legislative intent was,' said bill sponsor Sen. Andrew Zwicker (D-Middlesex). The absence of non-disparagement and other types of confidentiality agreements drew attention after Neptune Township moved to enforce provisions of its settlement with former police sergeant Christine Savage. Neptune alleged that, during a 2020 television interview where Savage referred to the township's 'good ol' boy system,' she violated non-disparagement provisions of a settlement reached to resolve her claims of gender-based discrimination, harassment, and retaliation. A trial court judge agreed with the township, and an appellate panel found the non-disparagement was legal, though they ruled Savage had not run afoul of the settlement's confidentiality provisions because her comments repeated already public information and focused on present conduct rather than past conduct. The Supreme Court then sided with Savage. The Supreme Court's decision means the bill, first introduced in 2022, would change little if it becomes law, though it would at least settle concerns about a future Supreme Court issuing a different interpretation of the statute. 'Court cases can change. I don't think this one will, but the bill was already in the works, and there's no harm in codifying this,' O'Scanlon said. O'Scanlon added the bill could serve as a message of support to victims of workplace abuses. The bill would also remove provisions of existing law that exempt collective bargaining agreements from the prohibition. Zwicker said that language made it into the original legislation over lawmakers' concerns about overstepping into union negotiations. He noted collective bargaining contracts typically contain similar workplace protections and said lawmakers would consult with counsel to determine whether it is necessary to end the exemption. 'I don't want to carve out a loophole here in any way, but I want to talk to a labor lawyer about that in particular before deciding whether we should keep that or remove it,' Zwicker said. The bill is not expected to face many barriers as it moves through the Legislature. The Senate unanimously approved the 2019 legislation and the Assembly passed that bill in an overwhelming bipartisan vote. Even the removal of the collective bargaining is unlikely to draw naysayers, O'Scanlon said. 'That would be pretty stunning, if they're going to come out in the light of day and say, 'In our contracts, entities should be allowed to bully people and harass them without any accountability,'' he said. 'Good luck. Please come out.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

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