NEW LAW — New Jersey Law Against Discrimination Prohibits Discrimination Against Breastfeeding Employees

On January 8, 2018, New Jersey Governor Chris Christie signed A2294 into law.  This bill amends the New Jersey Law Against Discrimination (NJLAD) to include breastfeeding to the list of protected classes under the NJLAD.

With this amendment, which went into effect on January 8, 2018, employers are expressly prohibited from engaging in the following conduct:

  • Refusing to hire breastfeeding applicants;
  • Firing an employee because she is breastfeeding or otherwise discriminating against a breastfeeding employee in compensation and other terms, conditions, or privileges of employment; and
  • Treating female employees you know or should know are “affected by breastfeeding” less favorably (e.g. with respect to workplace accommodation and leave policies) than employees not so affected but similar in their ability or inability to work.

In addition to the foregoing, employers are required to provide breastfeeding employees with reasonable accommodation, including a reasonable break time each day and a private location near the work area (but not a toilet stall) for the employee to express breast milk for her child – unless the employer can demonstrate that providing the accommodation would impose an “undue hardship” on the business.

Under the NJLAD, whether an accommodation is considered an undue hardship is determined by the following factors:

  • The overall size of your business with respect to the number of employees, number and type of facilities, and size of the budget;
  • The type of your operations, including the composition and structure of your workforce;
  • The nature and cost of the accommodation, taking into consideration the availability of tax credits, tax deductions, and outside funding; and
  • The extent to which the accommodation would involve waiver of an essential requirement of a job as opposed to a tangential or non-business necessity requirement.

This is a high standard to meet.

Take home for employers

Since this law went into immediate effect, New Jersey employers should verify that their current employment policies and practices relating to breastfeeding employees are compliant with the new law.