Workplace wellness programs are becoming more and more common throughout the nation. Accordingly, it is likely that many New Jersey residents reading this have been asked by their employer to participate in such a program. Employers are using these to keep healthcare costs down by providing workers with information regarding how they might improve their health.

According to one consumer group, the National Women’s Law Center, some employer inquiries could be detrimental to the employment of women. Specifically, the group takes issue with questions that relate to pregnancy histories. This is particularly true in smaller workplaces where it is easier for employers to determine which employees may have answered questions posed in a workplace wellness program.

The fear that some have is that information regarding a worker’s pregnancy status could lead to discrimination against that worker. Though the Pregnancy Discrimination Act of 1978 makes it illegal to discriminate against someone on this basis, female workers nonetheless often find themselves the victims of pregnancy discrimination. Among other things, the law means a woman cannot be fired or have their career path stifled as a result of their pregnancy.

To protect women from these questions, the National Women’s Law Center recently filed a complaint with the Equal Employment Opportunity Commission. Complaints of this nature could bolster the EEOC’s movement to keep women’s participation in workplace wellness programs a purely voluntary activity.

Regardless of the circumstances that prompt a woman to take legal action for pregnancy discrimination, they should seek assistance from an employment lawyer who has experience handling such cases.

If you have any questions about pregnancy discrimination, workplace discrimination generally, or any other issues relating to the employment relationship, do not hesitate to call or write to us.  We will be happy to assist you.