New Jersey Employment Law May Not Protect Pregnant Women In Mass Layoffs.
Is it a violation of New Jersey employment law to lay off a pregnant woman or a woman on maternity leave? The answer is no if the reason for laying of the woman in either case is unrelated to the pregnancy.
The New York Times reported this morning that attorney Elizabeth Grossman from the Equal Employment Opportunity Commission (EEOC) believes employers are using the dismal economy as a reason to discharge pregnant woman from the workplace. Ms. Grossman is urging pregnant woman that believe their rights have been violated to seek legal counsel.
Although the EEOC advises pregnant woman to consult with a lawyer, most employment lawyers in New Jersey will probably agree that a mass layoff is a reason that is not related to pregnancy. This makes a tough case for a pregnant woman that has been discharged in a mass layoff. Even the employment lawyers referenced in the New York Times' article agree that discrimination may be hard to prove in these types of cases. Under Federal and New Jersey employment laws, the employee needs to show that the employer's reliance on the mass layoff is untrue. This is quite a burden for the employee given the current state of the economy. It is likely that we will see more of these cases as the layoffs continue.
