NEW JERSEY PROHIBITS PREGNANCY DISCRIMINATION

The New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (the “LAD”), prohibits discrimination, harassment and retaliation in the workplace based upon a number of protected characteristics, including sex or gender. Discrimination on the basis of pregnancy has long been recognized as a form of “sex” discrimination because only one “sex” can get pregnant – females. However, in 2014, the New Jersey Legislature endeavored to further reinforce the protections afforded to pregnant women and breastfeeding mothers with passage of the Pregnant Workers Fairness Act (the “PWFA”).