Attorney General Matthew J. Platkin and the Division on Civil Rights have released new guidance to clarify anti-discrimination protections under New Jersey law for employees who are pregnant, postpartum, breastfeeding, or lactating. This guidance is based on the New Jersey Law Against Discrimination (LAD) and the Pregnant Workers Fairness Act.
The guidance specifies that most employers in New Jersey must provide reasonable accommodations for these employees unless it poses an undue hardship on their business. Examples of such accommodations include bathroom breaks, hydration breaks, rest periods, assistance with manual labor, job restructuring, modified work schedules, and temporary transfers to less strenuous work. For lactating employees, employers must provide break time and a private location other than a toilet stall for milk expression.
First Lady Tammy Murphy emphasized the importance of supporting mothers in prioritizing their health during pregnancy and early parenthood stages. "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," she said.
Attorney General Platkin stated that New Jersey offers some of the strongest protections against discrimination nationwide. "We want our residents to know the protections they are entitled to," he said. "With the guidance issued today, we’re making it clear what accommodations our laws require."
Sundeep Iyer, Director of the Division on Civil Rights, highlighted that these protections support both workers and the state's economy by allowing employees to perform their jobs safely without fear of discrimination or retaliation.
The LAD also requires employers to address accommodation requests promptly or find alternative solutions if accommodating is too difficult or costly. The guidance lists medical conditions related to pregnancy that may warrant accommodations.
Elizabeth Gedmark from A Better Balance praised the initiative: "Support for pregnancy and lactation-related needs in the workplace is critical for New Jersey families’ ability to thrive." Mariekarl Vilceus-Talty from Partnership for Maternal and Child Health of Northern New Jersey noted that supporting parents benefits both families and employers by enhancing job satisfaction.
Rosalee Boyer from Salvation and Social Justice pointed out that these protections are crucial for Black mothers facing systemic healthcare inequities. Jeanne LoCicero from ACLU-NJ called it an important step towards ensuring compliance with anti-discrimination laws.
Ellen Maughan from Central Jersey Family Health Consortium remarked that accommodating lactating employees boosts employee retention and morale while improving workforce health.
For more information about workplace accommodations covered by this guidance or how to file a complaint, individuals can visit the Division on Civil Rights' website.
