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New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor on January 8, 2018.

Under the amendments, it is now an unlawful employment practice for an employer to refuse to hire, discharge, or otherwise discriminate against an individual on the basis of breastfeeding.  Employers further are required to provide reasonable accommodation for the expression of milk during the workday, unless the employer can demonstrate that providing the accommodation would be an undue hardship on the business operations of the employer.  The amendments state that reasonable accommodations include providing:

  • reasonable break time each day to express milk, and
  • a room or other private location, other than a toilet still, in close proximity to the employee’s work location for the expression of milk.

Employers are prohibited from taking adverse action or otherwise retaliating against a worker for requesting or making use of an accommodation relating to breastfeeding or expressing milk in the workplace.

© 2018 Proskauer Rose LLP.

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About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

212-969-3631