Updated Guidelines Expand Protections for Pregnant and Postpartum Workers

Updated state guidelines clarify rights under the New Jersey Law Against Discrimination and the Pregnant Workers Fairness Act.

New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights have released updated guidance on anti-discrimination protections for pregnant, postpartum, breastfeeding, and lactating employees under the New Jersey Law Against Discrimination (LAD). This comprehensive clarification, bolstered by the Pregnant Workers Fairness Act, underscores the state’s commitment to ensuring workplace equity and support for employees experiencing pregnancy or related medical conditions.

The LAD mandates that most New Jersey employers provide reasonable accommodations to pregnant or postpartum workers unless doing so creates an undue hardship for the business. Examples of required accommodations include bathroom and hydration breaks, modified work schedules, temporary transfers to less strenuous roles, and for lactating employees, private spaces for milk expression.

“Through Nurture NJ, we have made it our mission to uplift moms across our state, helping them prioritize their health and the health of their babies both during pregnancy and throughout the early stages of parenthood,” said First Lady Tammy Murphy. “The Law Against Discrimination and this new guidance on protections and accommodations available to pregnant, postpartum, breastfeeding and lactating employees will be a critical addition to our toolbox as we work to ensure parents in New Jersey understand their rights and feel supported in the workplace.”

The guidance expands on these obligations, offering additional examples of accommodations employers may need to provide, such as:

• Time off or flexible scheduling for medical appointments.
• Adjustments to uniforms, workstations, or eating and drinking policies.
• Remote work arrangements.
• Adjustments to production quotas to account for lactation breaks.

Employers are expected to grant accommodation requests without undue delay or work with employees to find suitable alternatives if initial requests are impractical or costly.

The protections extend to a wide range of medical conditions tied to pregnancy, childbirth, and lactation. These include health issues during or after pregnancy, pre-existing conditions worsened by pregnancy, complications such as miscarriage or stillbirth, and conditions related to lactation. These rights under New Jersey law often exceed the protections offered by federal legislation.

Attorney General Platkin highlighted the significance of these safeguards in light of recent federal changes. 

“New Jersey offers some of the nation’s strongest protections against discrimination, and it’s imperative that employees understand their rights and that employers know their responsibilities under the law,” said Attorney General Platkin. “We want our residents to know the protections they are entitled to, and we want to make sure our businesses have the resources they need to comply with our laws. With the guidance issued today, we’re making it clear what accommodations our laws require for employees who are pregnant, postpartum, breastfeeding, or lactating.”

The updated guidance reflects the Department of Law and Public Safety’s broader effort to reinforce workers’ rights and protections, particularly in the wake of the 2022 Supreme Court decision overturning the federal constitutional right to an abortion.

Employers and employees alike are encouraged to familiarize themselves with the new guidance to ensure compliance and awareness of the enhanced protections.