When Pregnancy Discrimination Hides in Plain Sight

New Jersey has one of the most robust state statutes providing strong safeguards for pregnant and postpartum workers. Yet, pregnancy discrimination rarely announces itself with blatant statements or overt acts. Instead, employers often veil discriminatory motives behind neutral-sounding explanations: reasons that may seem legitimate on the surface but crumble on closer inspection.

The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on pregnancy. Courts interpret the statute to allow employees to show that an employer’s stated rationale for adverse action is inconsistent, implausible or contradicted by the facts. Courts scrutinize not just the explanations employers give, but also their timing and context. If reasons change over time or if coworkers were treated differently under similar circumstances, it bolsters a discrimination claim.

Pregnancy discrimination might start with a noticeable change in how an employee is treated after revealing a pregnancy or need for accommodation. The timing can be striking: after disclosing the news, a manager’s previously supportive tone may turn colder or the employee may suddenly face increased scrutiny and monitoring. These abrupt shifts can be early warning signs that something may be amiss.

Employers often rely on pretexts that mask discriminatory intent, such as the following: 

• Pointing to “performance issues” that never existed before: perhaps new write-ups or nitpicking over minor matters, all of which appear out of nowhere. 
• Invoking business necessities like “restructuring” or “budget cuts,” although the impact conveniently falls only on the pregnant employee. 
• Making statements such as “we need someone more committed,” which use coded language to question a worker’s availability or loyalty after announcing a pregnancy. 
• Feigning concern, such as by saying “we thought you’d want more time at home,” relying on tired, paternalistic assumptions about a new parent’s priorities. 
• Shifting blame to the employee for alleged procedural missteps, claiming “you didn’t follow the process” to deny legally required accommodations.

Employees should be vigilant for red flags, such as a previously spotless record being suddenly dotted with new criticism or disciplinary actions. Exclusion from meetings, projects or client contact without explanation or unexplained changes to job duties, are all reason for concern. Comments about maternity leave, childcare or assumptions about post-pregnancy commitment also warrant attention.

To protect themselves, employees should document every conversation and notable change, keep copies of emails or texts reflecting shifting stories and ask for written explanations for adverse actions. Most importantly, they should seek legal counsel about their right to reasonable accommodations under NJLAD, which cannot lawfully be withheld on pretextual grounds.

The law firm of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack helps employees of New Jersey companies enforce their right against discrimination and to seek justice when violations occur. Call us at 551-245-8894 or contact us online to schedule a confidential attorney consultation.