Over the years, working women have achieved a number of positive goals in the workplace after many hard-fought battles. Pregnancy is a protected class in New Jersey and women must be given maternity leave. Pregnant women must not be treated in a manner different from other employees and employers cannot ask potential employees about their future family plans.
Women continue to carve out rights in the workplace. Not too long ago, the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to require that nursing moms be provided reasonable break time for the purpose of expressing breast milk. The break time must be provided for one year after the birth of a child, and it must be provided every time an employee needs to express milk.
Moms will be glad to know that the employer must provide a place that is shielded from public view and that is free from intrusion by other workers and the public. The place provided is not to be a bathroom.
The law does not apply to employers with less than 50 employees if compliance with the nursing break provision imposes undue hardship. A determination of undue hardship centers on an examination of the difficulty or expense of compliance by each employer, taking into account size, nature of the business, finances, and structure of the business.
Experienced New Jersey employment lawyers can help with any workplace discrimination issues you face.