3 NJ Companies Discriminated Against Pregnant Workers, State AG Says

TRENTON, NJ — Three companies accused of discriminating against pregnant employees are facing sanctions from the state of New Jersey after authorities found probable cause to support the discrimination claims, the state Attorney General's Office said.

The state Division on Civil Rights issued the findings in four cases, including one where the pregnant employee was fired, after the workers sought accommodations while they were pregnant, authorities said.

Lisbon Cleaning, based in Newark; Cooper Health System in Camden County and Bio-Reference Laboratories based in Elmwood Park, are accused of denying reasonable accommodations to pregnant employees and violating the state's Law Against Discrimination, the Attorney General's Office said.

Lisbon Cleaning is accused of failing to provide reasonable accommodations such as a temporary change of assignment to reduce physically demanding lifting requirements for two pregnant employees. An investigation by the state Division on Civil Rights found what it called reasonable suspicion that the company did not try to find a way to accommodate the request.

Cooper Health System is accused of violating the law by denying an employee's request for accommodations related to lifting, a reduction in hours, and closer parking due to a high-risk pregnancy, authorities said. Civil rights investigators found the company did not try to accommodate the employee but instead forced her to choose between a leave of absence or losing her position, the state said.

BioReference Laboratories is accused of violating the law by firing an employee following pregnancy-related emergency surgery when her doctor recommended a six-week leave of absence for her to recover. Bio-Reference denied the request, claiming that a leave of absence would cause it an "undue hardship," but the investigation found evidence that it would not have created a hardship for the company, the attorney general's office said.

Under the state's Law Against Discrimination, employers have to provide reasonable accommodations to pregnant employees and employees experiencing pregnancy-related conditions, so long as doing so does not create an undue hardship for the business. The law, as amended in 2014 by the Pregnant Workers Fairness Act, also requires employers to work with employees to determine how to reasonably accommodate them so they can continue to work and maintain their health during their pregnancy or while experiencing pregnancy-related conditions.

Cooper Health System released at statement saying the company "has a long-standing track record of maintaining a workplace that supports and respects all team members, including those requiring workplace accommodations."

"Each year, Cooper receives hundreds of requests for accommodations by our team members. Each is evaluated on its unique facts and circumstances. Unfortunately, we are prohibited from commenting on the specifics of this particular matter. To be clear, Cooper remains firmly committed to complying with all applicable employment laws and fostering a supportive work environment for all team members," the statement said.

Requests for comment from Lisbon Cleaning and BioReference Laboratories were not immediately answered Wednesday morning.

Findings of probable cause mean the civil rights investigations determined sufficient evidence exists to support reasonable suspicion the law has been violated, the attorney general's office said.

The next step is "conciliation," where the companies have the opportunity to negotiate a voluntary resolution with the state. If no voluntary resolution is reached, the Civil Rights division can move forward with prosecution, the attorney general's office said.

"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," New Jersey Attorney General Jennifer Davenport said. "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."

"Our message is simple: We’re going to stand up for pregnant workers and hold accountable employers who contribute to our affordability crisis by discriminating against pregnant employees," she said.

"Far too many employers refuse to offer reasonable accommodations to their pregnant workers even when doing so wouldn’t cause undue hardship," said Yolanda N. Melville, director of the Division on Civil Rights. "No one should lose their livelihood because company policies violate our laws."

Note: This article has been updated with comment from Cooper Health Systems.