The New Jersey Legislature recently passed a bill amending the New Jersey Law Against Discrimination (“NJLAD”) to include breastfeeding as a protected category. The law took effect immediately after it was signed into law by former Governor Christie on January 8, 2018.
Breastfeeding Protections under the NJLAD
Under the amended law, upon request, employers must provide nursing mothers with reasonable breaks during the workday and a suitable private location (other than a toilet stall) close to the employee’s work area to express breast milk for her infant child as a reasonable accommodation, unless doing so would cause an undue hardship on the employer’s business operations. In determining whether an accommodation would impose an undue hardship, the following factors are to be considered: