On
November 7, 2013, the Senate Labor Committee unanimously endorsed Bill No.
S-2995, with amendments. This bill would
add a new protected category - pregnancy - to the New Jersey Law Against
Discrimination. The term “pregnancy”
would encompass not only the actual pregnancy, but childbirth and related
medical conditions, such as childbirth recovery.
The
committee amendments include (1) specifying the type of workplace
accommodations to be offered; (2) removing the requirement that employers
provide leave in each case where accommodation is not feasible; (3) indicating
that if an employer can show undue hardship with respect to the requested
accommodation, there will be no requirement to provide such accommodation; (4)
specifying the various factors to be considered in determining undue hardship;
(5) prohibiting pregnant employees from receiving less favorable accommodations
or leave than their non-pregnant co-workers who are similarly situated with
respect to ability or disability to work; and (6) stating that the bill does
not impact employee rights to paid or unpaid leave.
The Bill
is presently pending.
