New Jersey Expressly Protects Pregnancy, Requires Reasonable Accommodation

On January 21, 2014, Governor Chris Christie signed S2995 to amend New Jersey's Law Against Discrimination (LAD) by expanding protections against discrimination for employees affected by pregnancy. The amendment, which is similar to a recent New York law and other state laws, takes effect immediately.

In addition to making pregnancy a protected characteristic under the LAD, the amendment expressly requires that an employer provide reasonable accommodation to an employee based upon pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth (hereinafter, "pregnancy-related conditions"), when the employee requests the accommodation based on the advice of her physician. The amendment also prohibits an employer from penalizing an employee for requesting or using an accommodation.