Breastfeeding Is Now A Protected Class In New Jersey

2.22.2018

Before leaving office, former Governor Chris Christie signed an amendment to the New Jersey Law Against Discrimination (the Amendment) that adds breastfeeding as a protected class.  This is in addition to gender, race, creed, national origin, ancestry, nationality, color, marital or domestic partnership status, affectional or sexual orientation, age, handicap (and/or disability), pregnancy, service in the armed forces, atypical hereditary cellular or blood trait, genetic information, refusal to submit to genetic tests, and refusal to make available results of genetic tests.

In addition to naming breastfeeding as a protected class, the Amendment specifically requires employers to give breastfeeding employees a “reasonable break time each day” to express milk. Employers must also provide employees with a suitable, private room “in close proximity to the work area” to express milk. The designated room cannot be a bathroom stall. The only exception to the Amendment’s breastfeeding provisions is if the accommodations “would be an undue hardship on the business operations of the employer.” However, this is a difficult standard to satisfy.

Employers should note that the Amendment differs from what is required under the Fair Labor Standards Act where employers are required to allow employees break time to express milk for up to a year after their babies’ birth. By contrast, the Amendment does not provide any such durational limitation.

TAKEAWAY: New Jersey employers should review their breastfeeding policies and ensure they comply with the Amendment.

BLOG DISCLAIMER

The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services.  Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness.  The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  Readers should not act upon this information without seeking professional legal counsel.

This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk.  We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability.  Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein.  We will remove a link to any site from this blog upon request of the linked entity.

We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.

If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com.  One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.

Thank you for your interest in Wilentz, Goldman & Spitzer P.A.’s legal blogs. You will receive an email sent to the address entered in order to confirm your subscription. Please watch for it and click the link to confirm your subscription.