Attorney General Jennifer Davenport and the Division on Civil Rights announced on May 12 that the Division has issued Findings of Probable Cause in four cases alleging pregnancy discrimination by employers in New Jersey. The cases involve claims that pregnant employees were denied reasonable accommodations, with one case including allegations of wrongful termination, in violation of the New Jersey Law Against Discrimination.
The announcement highlights ongoing efforts to address economic barriers faced by workers, particularly those who are pregnant. Attorney General Davenport said, “As we confront an affordability crisis in New Jersey, it’s more important than ever that pregnant workers have a fair shot at earning a living. Far too often, however, employers deny pregnant workers reasonable accommodations – and when they do, they violate the law and effectively lock a key part of our workforce out of an equal opportunity to earn a living.” She continued, “Our message is simple: We’re going to stand up for pregnant workers and hold accountable employers who contribute to our affordability crisis by discriminating against pregnant employees. Today’s enforcement actions underscore our commitment to enforcing our strong civil rights laws and ensuring economic opportunity for everyone in our state.”
The Law Against Discrimination requires employers to provide reasonable accommodations for pregnancy or related conditions unless doing so would cause undue hardship. In two separate cases involving Lisbon Cleaning Inc., investigators found probable cause that the company failed to engage in an interactive process or offer appropriate accommodations such as adjusting lifting requirements for pregnant employees. Another case involves Cooper Health System allegedly denying requests related to lifting restrictions and parking needs during a high-risk pregnancy; instead of accommodating her needs as required under the law, Cooper Health reportedly made the employee choose between taking leave or losing her job. The fourth case concerns Bio-Reference Laboratories Inc., which allegedly denied an employee’s request for medical leave after emergency surgery related to her pregnancy before terminating her employment.
Yolanda N. Melville, Director of the Division on Civil Rights, said: “Far too many employers refuse to offer reasonable accommodations to their pregnant workers even when doing so wouldn’t cause undue hardship. No one should lose their livelihood because company policies violate our laws. Today’s enforcement actions underscore our commitment to protecting the rights of New Jersey’s workers.”
Findings of Probable Cause indicate sufficient evidence exists suggesting violations may have occurred but do not represent final judgments or proof of guilt; these matters will now proceed toward conciliation or possible prosecution if no voluntary resolution is reached.
The Division on Civil Rights leads investigations into such complaints as part of its mandate under state law. DCR operates within statewide authority alongside other functions managed by the Office of Attorney General Matthew Platkin—including legal representation for state agencies and oversight over public safety—according to the official website.
