In January, New Jersey amended its Law Against Discrimination (LAD) to expressly include pregnancy as one of its protected categories. Approved P.L. 2013, c.220 (codified at N.J.S.A. § 10:5-12). The amendment also contains a new requirement that employers consider reasonable accommodations for pregnant employees, irrespective of whether or not there are any medical disabilities associated with the pregnancy.
New Jersey is following a national trend toward increasing the protection and accommodation requirements for pregnant employees. Alaska, California, Connecticut, Hawaii, Illinois, Louisiana, Maryland, Texas, New York City and Philadelphia have also enacted laws specifically targeting discrimination against pregnant employees. President Obama lent his voice to this trend in his State of the Union address, calling for Congress “to do away with workplace policies that belong in a Mad Men episode,” and to recognize that women “deserve…to have a baby without sacrificing [a] job.” State of the Union Address (Jan. 28, 2014).
The Law Prior to the Amendment
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