The PDA and NJLAD protect employees from discrimination based on pregnancy, childbirth, potential pregnancy, loss of pregnancy, and related medical conditions — including conditions like gestational diabetes that arise from or are caused by pregnancy. Protection also extends to employees who are perceived by their employer as likely to become pregnant.
If you are a member of this protected class — or your employer perceived you to be — and you experienced adverse treatment, you may have a claim.
To bring a successful pregnancy discrimination claim, you generally need to establish the following, but you do not need to have all of this figured out before you call.
You were pregnant, recently gave birth, experienced a loss of pregnancy, or had a pregnancy-related medical condition at the time of the adverse action.
You were meeting the legitimate expectations of your employer at the time the adverse action occurred.
Your employer took a materially negative action against you — termination, demotion, denial of promotion, pay cut, unfavorable assignment, or a change in the terms or conditions of your employment.
The adverse action was taken, at least in part, because of your pregnancy or pregnancy-related condition. This is often shown through the timing of the decision, the employer's stated reasons not holding up under scrutiny, or how similarly situated non-pregnant employees were treated.
Pregnancy discrimination often overlaps with other employment claims. If any of the following also describe your situation, you may have more than one claim worth pursuing.
