What if My Employer Refuses to Make Temporary Accommodations for My Pregnancy?

For many families, pregnancies can mean excitement and lifestyle shifts—and workplaces in South Jersey, by law, need to make temporary accommodations for expecting mothers. If yours refuses to, your otherwise mundane day-to-day work environment can turn into an unexpected source of stress for you, anxiety for your financial security, and danger for the health of your unborn child.

At The Gold Law Firm P.C., we believe in fair and equitable treatment for all our clients, including pregnant mothers—and we will tirelessly advocate for your right to a safe and accommodating work environment. Here is everything you need to know about your rights and protections under the law as an expecting, working mother.

What Are Your Rights Under New Jersey Law?

Under New Jersey law, your employer needs to provide reasonable accommodations for your pregnancy, childbirth, or related medical conditions. You can request a modified work schedule, additional bathroom breaks, adjusted work duties, or maternity leave to recover from childbirth. Your employer cannot deny these requests without possibly violating state law.

What Constitutes a Reasonable Accommodation?

For the court to consider any pregnancy accommodation to be “reasonable,” the change must alter your environment or job duties to enable you to continue to work without undue hardship to the employer. These may look like physically lighter loads, temporary reassignment, or more frequent breaks. Your employer needs to work with you to identify and implement suitable accommodations that do not pose significant difficulties or cost inordinate amounts of money.

How Should You Address Denied Accommodations?

If your employer refuses to work with you to identify or provide these necessary accommodations, start to document all communications and requests with your supervisor. Then, should the issue continue, contact an HR representative or higher management to address your concerns.

A productive conversation with HR and higher management can often resolve the situation on its own.

What Are Your Legal Options?

However, a quick talk does not always solve the problem. If your workplace continues to violate state law and fails to make reasonable accommodations for your pregnancy, you may want to take legal action against them. For instance, you can file a complaint with the New Jersey Division on Civil Rights (DCR), which investigates violations of state employment and anti-discrimination laws. However, if you choose this route by yourself, you will need to answer several important questions and deal with any potential fallout on your own.

Some federal laws also work to protect pregnant workers. For instance, the Equal Employment Opportunity Commission (EEOC) enforces the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Both laws require employers to respond to employee pregnancy- and childbirth-related medical conditions with reasonable accommodations. If the DCR does not respond to your request, the EEOC might.

In all possible scenarios, we recommend consulting with an experienced employment lawyer in South Jersey. This lawyer can help you understand your rights, advocate for you, and take appropriate legal action on your behalf. For instance, if you decide to file a complaint with either the DCR or EEOC, a seasoned lawyer can ensure that you meet all legal requirements. And even if you do not want to involve the DCR, the weight of an attorney can do a lot to persuade your workplace to cooperate.

Protect Your Rights With The South Jersey Employment Lawyers at The Gold Law Firm P.C.

If your employer refuses to accommodate your pregnancy, the South Jersey employment lawyers at The Gold Law Firm P.C. can help. We are dedicated to protecting your rights and ensuring fair treatment in your workplace. Contact us online or call us at 215-569-1999 for a free consultation. Our offices in Philadelphia and Pennsauken, New Jersey serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.