Pregnancy discrimination

Catholic School Did Not Violate Law Against Discrimination by Firing Unmarried Employee When She Got Pregnant

August 16, 2023 | by Jonathan I. Nirenberg

The New Jersey Supreme Court recently ruled that religious institutions can fire an employee for failing to follow the tenets of their religions, such as a Catholic school firing an employee because she had premarital sex.

Victoria Crisitello worked for the St. Theresa School as an art teacher and toddler room caregiver. St. Theresa’s requires its employees, including Ms. Crisitello, to sign employment agreements that require them to follow the teachings of the Catholic Church. For example, they had to agree to follow the Policies on Professional and Ministerial Conduct adopted by the Archdiocese of Newark.

Among other things, those Policies forbid engaging in “[a]dultery, flagrant promiscuity or illicit co-habitation.” Similarly, the Roman Catholic Church prohibits sex outside of marriage, which the Church considers to be a sin.

New Federal Protections for Pregnant Employees

July 22, 2023 | by Jonathan I. Nirenberg

Reasonable Accommodations for Pregnancy and Childbirth

On June 27, 2023, a new federal employment law, the Pregnant Workers Fairness Act, went into effect. The Act prohibits employers from:

Denying an employee a reasonable accommodations for pregnancy, childbirth, and related medical conditions unless the employer can show the accommodation would impose an undue hardship on the operation of its business;

Pregnant Workers Fairness Act Explained by New Jersey Supreme Court

April 30, 2021 | by Jonathan I. Nirenberg

Last month, the New Jersey Supreme Court addressed the New Jersey Pregnant Workers Fairness Act (“PWFA”) for the first time. The PWFA is an amendment to the New Jersey Law Against Discrimination (“LAD”) that prohibits pregnancy discrimination.

Kathleen Delanoy is a police officer. She filed a lawsuit in which she alleged her employer, the Township of Ocean, discriminated against her because she was pregnant. However, the trial court dismissed her case on a motion for summary judgment.

As discussed in my previous article, Appellate Court Recognizes Employers Must Accommodate Pregnancy, the Appellate Division subsequently reversed that ruling. Ocean Township asked the New Jersey Supreme Court to review that decision.

Appellate Court Recognizes Employers Must Accommodate Pregnancy

February 19, 2020 | by Jonathan I. Nirenberg

The New Jersey Pregnant Workers Fairness Act

Last month, New Jersey’s Appellate Division analyzed the New Jersey Pregnant Workers Fairness Act (“PWFA”). The PWFA is an amendment to the New Jersey Law Against Discrimination (“LAD”) that prohibits pregnancy discrimination in the workplace.

Among other things, the PWFA requires employers to provide reasonable accommodations to women who are pregnant. For example, this can include providing bathroom breaks, rest breaks, assistance with manual labor, job restructuring, and temporary assignment to less strenuous or less hazardous work. However, employers do not have to provide an accommodation if it would impose an undue hardship on it.