breastfeeding accommodations

New York Becomes Latest State to Exempt Breastfeeding Moms from Jury Duty: Will New Jersey Follow?

November 13, 2019 | Smith Eibeler LLC

Another state has enacted a law to accommodate breastfeeding mothers called to jury duty. Last month, Governor Andrew Cuomo signed new legislation providing jury duty exemptions for breastfeeding mothers into New York law. New York joins seventeen other states and Puerto Rico who have enacted similar legislation to provide breastfeeding mothers necessary accommodations if called to jury duty. While New Jersey has amended the state’s anti-discrimination law in recent years to include pregnancy as a protected class and to require employers to provide breastfeeding accommodations in the workplace, there is currently is no specific law in place that exempts breastfeeding mother from jury duty. Whether New Jersey will soon follow New York’s lead remains to be seen.

Under the recent New York law, breastfeeding mothers may file an exemption from serving jury duty for two years, requiring only a doctor’s note affirming that they are currently breastfeeding at the time the exemption is filed. During the signing, Governor Cuomo noted, “While jury service is a critically important civic duty, we also know new moms oftentimes juggle countless responsibilities and navigate enormous adjustments in the early stages of their child’s life,” and that “This commonsense measure takes that reality into account by providing new moms the flexibility and option to postpone jury service while they care for a newborn.”

New York has followed the national trend in enacting similar laws to deal with the issue facing many new mothers in attempting to fulfill their civic duty while also needing to care for their newborn. In March 2017, a breastfeeding woman in Minnesota took to Facebook to share her horrific experience when having to serve on a jury while breastfeeding. As she stated in her Facebook post, Amanda Chandler was granted only two breaks to breastfeed by the clerk and judge and needed to do so in a bathroom. Ms. Chandler stated, “[s]eems pretty ironic that the very place which is supposed to uphold and enforce the laws would not follow or adhere to them.”

Congress Tackles Pregnancy Discrimination: The Pregnant Workers Fairness Act

July 31, 2019 | Smith Eibeler LLC

An important bipartisan bill addressing pregnancy discrimination in the workplace was introduced to the United States House of Representatives on May 14, 2019, signaling a potential shift in Congressional attitudes on this issue. While this was not the first-time legislation of this type was introduced in the House of Representatives, there is reason for optimism that changing views on workplace discrimination could lead to a different result this time. Notably, the bill has attracted bipartisan support. The bill lays the groundwork for a new law that would provide further workplace protections to women who become pregnant, give birth, or suffer from related medical conditions.

The Pregnant Workers Fairness Act (PWFA),H.R. 2694, was first introduced in the United States House of Representatives in 2012 and has been re-introduced in Congress in each subsequent session. A parallel bill (S. 1101) was also introduced in the Senate, by Senator Bob Casey, in 2017. The Pregnancy Workers Fairness Act aims to eradicate discriminatory behavior toward pregnant women by ensuring that workplace accommodations are provided to employees whose ability to perform job functions is limited by pregnancy, childbirth, or a related medical condition. The Pregnancy Workers Fairness Act is sponsored by Representative Jerry Nadler who, after introducing the Bill this year, stated, “No woman should have to choose between a healthy pregnancy and a paycheck, especially when often a simple fix – a bottle of water during a shift, an extra bathroom break, a chair – will allow women to stay on the job and support their families throughout their pregnancy.”

If the Pregnancy Workers Fairness Act is enacted, it would conform Federal anti-discrimination law in this area to the anti-discrimination laws and policies maintained by 25 states, including New Jersey. The PWFA would:

#KnowYourRights: Workplace Breastfeeding under New Jersey Law

March 26, 2019 | Smith Eibeler LLC