Can My Employer Fire Me for Being Pregnant in NJ? Understanding Legal Protections
No, your employer cannot legally fire you because you are pregnant. New Jersey’s Law Against Discrimination (NJLAD) makes pregnancy a protected category, and the federal Pregnant Workers Fairness Act adds further protection for accommodation requests. Knowing the law and recognizing when it has actually been violated are two different things, especially when an employer disguises a pregnancy-related firing as something else.
Protected Activity Your Employer Cannot Punish You For
Certain pregnancy-related conduct is specifically protected, meaning your employer cannot use it as the real reason for firing you, even if they claim otherwise:
- Taking maternity leave under the New Jersey Family Leave Act, the federal FMLA, or your employer’s own policy
- Taking the full amount of leave you are legally entitled to, rather than returning early under pressure
- Requesting reasonable accommodation, such as modified duties, more frequent breaks, or a temporary schedule change
- Taking more sick days than usual due to pregnancy-related symptoms or complications, when supported by a doctor’s note
- Disclosing your pregnancy to your employer or asking about your rights
If your termination followed closely after any of these actions, that timing itself can be meaningful evidence.
How Employers Disguise a Pregnancy-Related Firing
Few employers admit that pregnancy was the real reason for a termination. Instead, watch for:
- A sudden negative performance review shortly after you announced your pregnancy or requested leave
- Being written up for issues that were never raised before your pregnancy became known
- A “reorganization” or “elimination” of your position that conveniently happens while you’re on leave or shortly after you return
- Being held to a stricter attendance or performance standard than coworkers who aren’t pregnant
- Comments about your ability to “handle” the job now that you’re pregnant or a parent
None of these justify termination if pregnancy, leave, or an accommodation request is the actual motivating factor, even when a different reason is offered on paper.
What to Do If You Believe You Were Fired Because of Your Pregnancy
- Document the timeline. Write down the dates of your pregnancy announcement, leave requests, accommodation requests, and any disciplinary actions.
- Preserve everything. Save emails, performance reviews, and any messages that reference your pregnancy, leave, or accommodation requests.
- Request the stated reason for termination in writing, if you haven’t already received one.
- Don’t sign a severance agreement or release without having it reviewed by an attorney first.
- Act quickly. Discrimination claims under the NJLAD are subject to a two-year statute of limitations, and evidence gets harder to gather the longer you wait.
Call Keating Law Firm for a Free and Confidential Consultation
If you were fired or suspended after reporting unsafe conditions, abuse, fraud, or wage violations at a New Jersey group home, Attorney Chris Keating can evaluate whether you have a viable claim. Call 856-519-5011 or contact Keating Law Firm online today to discuss how he will guide you through the claims process.