Pregnant workers were denied reasonable accommodations at their jobs, say New Jersey prosecutors
Employers in the state are required to provide reasonable accommodations to workers so long as they do not inflict an “undue hardship” on the business.
New Jersey prosecutors say three local employers violated a state law protecting pregnant workers, after four people said they were denied reasonable changes to their work conditions while pregnant.
New Jersey Attorney General Jennifer Davenport and the state’s Division on Civil Rights issued the preliminary findings this week in cases against janitorial service Lisbon Cleaning Inc, Cooper Health System, and Bio-Reference Laboratories Inc., a diagnostic testing service.
“As we confront an affordability crisis in New Jersey, it’s more important than ever that pregnant workers have a fair shot at earning a living,” Davenport said in a statement. “Far too often, however, employers deny pregnant workers reasonable accommodations — and when they do, they violate the law and effectively lock a key part of our workforce out of an equal opportunity to earn a living.”
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At Cooper Health System, a worker with a high-risk pregnancy requested a parking spot closer to the workplace, relief from duties requiring heavy lifting, and to work fewer hours. The request was denied, investigators found, and the worker had to choose between taking a leave of absence or losing their job.
“Cooper University Health Care has a long-standing track record of maintaining a workplace that supports and respects all team members, including those requiring workplace accommodations,” said spokesperson Wendy Marano.
The health system receives hundreds of requests for accommodations annually, said Marano, who noted that they could not discuss the specifics of this particular case.
“To be clear, Cooper remains firmly committed to complying with all applicable employment laws and fostering a supportive work environment for all team members,” said Marano.
» READ MORE: A rising number of pregnant women in Pa. report workplace discrimination, while other states pass laws to prevent it
Two employees brought allegations against Lisbon Cleaning Inc., and investigators found that the company failed to engage in the accommodation process. The requested work adjustments, prosecutors said, included “a temporary change of assignment to reduce physically demanding lifting requirements.” The company could not immediately be reached for comment on Wednesday.
At Bio-Reference Laboratories Inc., a pregnant employee was incorrectly denied a six-week leave of absence because of “undue hardship” on the firm, prosecutors said, and was ultimately fired. The worker had undergone emergency surgery related to the pregnancy and their doctor recommended six weeks’ recovery.
Bio-Reference Laboratories could not immediately be reached for comment on Wednesday.
The investigation of the three companies found “reasonable suspicion” that workers were discriminated against, in violation of state law, prosecutors said. Such a finding moves the investigation to a phase in which the parties can negotiate a resolution. If they cannot come to an agreement, the cases will be prosecuted.
“Far too many employers refuse to offer reasonable accommodations to their pregnant workers even when doing so wouldn’t cause undue hardship,” Yolanda Melville, director of the state’s Division on Civil Rights said in a statement. “No one should lose their livelihood because company policies violate our laws.”
