On January 8, 2018, the New Jersey Law Against Discrimination (Discrimination Law) was amended to provide protections for women who are breastfeeding. Now, an employer of one or more employees is prohibited from treating, for employment-related purposes, an employee who the employer knows, or should know, is affected by pregnancy or breastfeeding, in a manner less favorable than the treatment of others not affected by pregnancy or breastfeeding, but similar in their ability or inability to work. Previously, the Discrimination Law provided protection on the basis of pregnancy only. Thus, New Jersey employers with one or more employees must now extend antidiscrimination protections for lactation.
Where previously the Discrimination Law required an employer to make reasonable accommodations in the workplace available to a woman affected by pregnancy only, now employers must also accommodate both pregnancy and breastfeeding. Women who must be accommodated include any employee affected by pregnancy and breastfeeding, which means pregnancy, childbirth, and breastfeeding or expressing milk for breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding, including recovery from childbirth.
For lactation accommodations purposes, “reasonable accommodation" includes reasonable break time each day and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express breast milk for the child, unless the employer can demonstrate that providing the accommodation would be an undue hardship on the employer's business operations.
Coverage: Employers with employees in New Jersey.
Effective: Already in effect (January 8, 2018).
Action Required: You should familiarize yourself with your new obligations. You should also modify your policies and/or practices to ensure that your supervisors are prepared to receive and respond to your employees’ requests for accommodation or notify the appropriate employer representative of such requests.
As always, please be sure to contact your HR Business Partner if you have any questions.