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I’m Pregnant. Can my Boss Fire Me?

Although women have come a long way with regard to job protection and discrimination, there are many ways that a pregnant worker can still feel the brunt of unequal treatment. The Federal Pregnancy Discrimination Act affords protections, but only applies to employers who have 15 or more employees on staff. The New Jersey state law on discrimination applies to employers with one or more employees.

By law, pregnancy is a protected class in New Jersey. In spite of that fact, an employer may still fire a pregnant worker but not say that it is the pregnancy that is causing the firing. This type of firing under a pretext can be challenged; however it takes time and knowledge to mount a successful lawsuit on behalf of a pregnant worker. A pregnant worker does not have any more rights than any other disabled worker, nor does the pregnant worker have any fewer rights. But protecting those rights can be a thorny path.

Pregnant workers do not have guaranteed paid leave. Nor is insurance reimbursement guaranteed. It is wise for female workers to investigate their workplace policies on leave and insurance coverage prior to needing to use them. Keep copies of the policies and coverage so that you are aware of changes as they are issued.  Sit down with your HR department, ask questions and keep a record of any negative comments.

Contact knowledgeable New Jersey employment lawyers to discuss any issues you may have regarding discrimination in the workplace.

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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