New Jersey has expanded the array of people protected from discrimination under the Law Against Discrimination. Starting in January 2018, New Jersey is the 18th state to prohibit employers from engaging in workplace discrimination against women who are breastfeeding. The additions to the NJLAD also require employers to provide accommodations to breastfeeding mothers in order to allow them to take breaks to nurse or pump at work. If you suffer adverse employment treatment due to your breastfeeding, or your employer does not provide you with a proper accommodation for feeding or pumping, you may have a legal case against your employer. As with any instance of workplace discrimination, you should contact an experienced New Jersey pregnancy discrimination attorney to discuss your rights and your options.
The new law, which was signed by the governor on Jan. 8 and went into effect immediately, added breastfeeding as one of the bases upon which employers cannot discriminate in New Jersey, nj.com reported. This places breastfeeding alongside pregnancy, sex, marital status, race, creed, color, national origin, ancestry, age, affectional or sexual orientation, genetic information, gender identity or expression, and disability (among other things) as prohibited bases of workplace discrimination under the Law Against Discrimination.
The law includes both the activities of directly feeding the child and pumping breast milk for use later. The new provision requires employers, as an accommodation, to provide nursing employees with a private space in which to express milk. That space must be near the nursing mother’s work station and must not be a toilet.