LABOR LAW NEWS

New Jersey Bans Breastfeeding Discrimination

By Kelsey Basten

Published on February 6, 2018

New Jersey Governor Chris Christie signed an amendment to the New Jersey Law Against Discrimination Jan. 8, 2018 that immediately bans discrimination against breastfeeding employees.

Under the amendment, employers may not:

  • Refuse to hire breastfeeding applicants
  • Fire breastfeeding applicants or otherwise discriminate against them in compensation and other terms, conditions or privileges of employment because they are breastfeeding
  • Treat female employees “affected by breastfeeding” less favorably than other employees

Also, unless employers can prove “undue hardship” on their business, the amendment requires them to provide reasonable accommodation for breastfeeding employees, The accommodation must include a private location near the work area and a reasonable break time each day for the employee to breastfeed or express breast milk.

  • Accommodation hardships will be considered based on the: Size of the business, facilities and budget
  • Type of business operations, such as composition and structure of workforce
  • Nature/cost of the accommodation

Last, the law does not require employers to pay female employees while they are breastfeeding, unless they are already compensated for breaks.

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