Three NJ Companies Face Legal Action for Discrimination Against Pregnant Employees

New Jersey’s Attorney General issued probable cause findings against three companies. They discriminated against pregnant workers. State investigators made the announcement recently.

What do the findings mean? Preliminary investigations turned up enough evidence to support reasonable suspicion that Lisbon Cleaning, Inc., Cooper Health System, and Bio-Reference Laboratories, Inc. broke the New Jersey Law Against Discrimination. Two separate workers accused Lisbon Cleaning, Inc. of failing to provide accommodations during pregnancy.

State investigators said the cleaning company didn’t participate in the required interactive process or provide accommodations. The two pregnant workers needed a temporary change of assignment to cut back on physically demanding lifting requirements.

A third woman claimed Cooper Health System broke state law when it denied her request for accommodations tied to lifting, a cut in hours, and closer parking because of her high-risk pregnancy. Instead of finding accommodations, the health system forced the worker to pick between a leave of absence or losing her position.

A former worker of Bio-Reference Laboratories, Inc. accused the lab of discrimination when it denied her request and then fired her. The woman’s doctor suggested a six-week leave of absence so she could recover following pregnancy-related emergency surgery.

The lab denied the request. It claimed a leave of absence would cause an “undue hardship.” But the state’s investigation uncovered evidence that the denial wasn’t needed and that the woman’s request wouldn’t have imposed an undue hardship.

“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,” New Jersey Attorney General Jennifer Davenport said in a statement, according to NJ.com. “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.”

The businesses accused of breaking state law will get a chance to negotiate a voluntary resolution. If no voluntary resolution is reached, the state will appoint a deputy attorney general to prosecute the case.

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