Requires employer to provide certain accommodations to employee who is breast feeding.

A4704

ASSEMBLY, No. 4704

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 16, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblyman Venezia and Assemblywoman Morales

SYNOPSIS

���� Requires employer to provide certain accommodations
to employee who is breast feeding.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning protections provided to employees who
are breast feeding children and amending P.L.1945, c.169.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 11 of P.L.1945,
c.169 (C.10:5-12) is amended to read as follows:

���� 11.� It shall be an unlawful
employment practice, or, as the case may be, an unlawful discrimination:

���� a.���� For an employer,
because of the race, creed, color, national origin, ancestry, age, marital
status, civil union status, domestic partnership status, affectional or sexual
orientation, genetic information, pregnancy or breastfeeding, sex, gender
identity or expression, disability or atypical hereditary cellular or blood
trait of any individual, or because of the liability for service in the Armed
Forces of the United States or the nationality of any individual, or because of
the refusal to submit to a genetic test or make available the results of a
genetic test to an employer, to refuse to hire or employ or to bar or to
discharge or require to retire, unless justified by lawful considerations other
than age, from employment such individual or to discriminate against such
individual in compensation or in terms, conditions or privileges of employment;
provided, however, it shall not be an unlawful employment practice to refuse to
accept for employment an applicant who has received a notice of induction or orders
to report for active duty in the armed forces; provided further that nothing
herein contained shall be construed to bar an employer from refusing to accept
for employment any person on the basis of sex in those certain circumstances
where sex is a bona fide occupational qualification, reasonably necessary to
the normal operation of the particular business or enterprise; provided further
that it shall not be an unlawful employment practice for a club exclusively
social or fraternal to use club membership as a uniform qualification for
employment, or for a religious association or organization to utilize religious
affiliation as a uniform qualification in the employment of clergy, religious
teachers or other employees engaged in the religious activities of the
association or organization, or in following the tenets of its religion in
establishing and utilizing criteria for employment of an employee; provided
further, that it shall not be an unlawful employment practice to require the
retirement of any employee who, for the two-year period immediately before
retirement, is employed in a bona fide executive or a high policy-making
position, if that employee is entitled to an immediate non-forfeitable annual
retirement benefit from a pension, profit sharing, savings or deferred
retirement plan, or any combination of those plans, of the employer of that
employee which equals in the aggregate at least $27,000.00; and provided
further that an employer may restrict employment to citizens of the United
States where such restriction is required by federal law or is otherwise
necessary to protect the national interest.

���� The provisions of subsections
a. and b. of section 57 of P.L.2003, c.246 (C.34:11A-20), and the provisions of
section 58 of P.L.2003, c.246 (C.26:8A-11), shall not be deemed to be an
unlawful discrimination under P.L.1945, c.169 (C.10:5-1 et seq.).

���� For the purposes of this
subsection, a "bona fide executive" is a top level employee who
exercises substantial executive authority over a significant number of
employees and a large volume of business.� A "high policy-making
position" is a position in which a person plays a significant role in
developing policy and in recommending the implementation thereof.

���� For the purposes of this
subsection, an unlawful employment practice occurs, with respect to
discrimination in compensation or in the financial terms or conditions of
employment, each occasion that an individual is affected by application of a
discriminatory compensation decision or other practice, including, but not
limited to, each occasion that wages, benefits, or other compensation are paid,
resulting in whole or in part from the decision or other practice.

���� In addition to any other
relief authorized by the "Law Against Discrimination," P.L.1945,
c.169 (C.10:5-1 et seq.) for discrimination in compensation or in the financial
terms or conditions of employment, liability shall accrue and an aggrieved
person may obtain relief for back pay for the entire period of time, except not
more than six years, in which the violation with regard to discrimination in
compensation or in the financial terms or conditions of employment has been
continuous, if the violation continues to occur within the statute of
limitations.

���� Nothing in this subsection
shall prohibit the application of the doctrine of "continuing
violation" or the "discovery rule" to any appropriate claim as
those doctrines currently exist in New Jersey common law.� It shall be an
unlawful employment practice to require employees or prospective employees to
consent to a shortened statute of limitations or to waive any of the
protections provided by the "Law Against Discrimination," P.L.1945,
c.169 (C.10:5-1 et seq.).

���� b.��� For a labor
organization, because of the race, creed, color, national origin, ancestry,
age, marital status, civil union status, domestic partnership status,
affectional or sexual orientation, gender identity or expression, disability,
pregnancy or breastfeeding, or sex of any individual, or because of the
liability for service in the Armed Forces of the United States or nationality
of any individual, to exclude or to expel from its membership such individual
or to discriminate in any way against any of its members, against any applicant
for, or individual included in, any apprentice or other training program or
against any employer or any individual employed by an employer; provided,
however, that nothing herein contained shall be construed to bar a labor
organization from excluding from its apprentice or other training programs any
person on the basis of sex in those certain circumstances where sex is a bona
fide occupational qualification reasonably necessary to the normal operation of
the particular apprentice or other training program.

���� c.���� For any employer or
employment agency to print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of application
for employment, or to make an inquiry in connection with prospective employment,
which expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, gender identity or expression, disability, nationality,
pregnancy or breastfeeding, or sex or liability of any applicant for employment
for service in the Armed Forces of the United States, or any intent to make any
such limitation, specification or discrimination, unless based upon a bona fide
occupational qualification.

���� d.��� For any person to take
reprisals against any person because that person has opposed any practices or
acts forbidden under this act or because that person has sought legal advice
regarding rights under this act, shared relevant information with legal counsel,
shared information with a governmental entity, or filed a complaint, testified
or assisted in any proceeding under this act or to coerce, intimidate, threaten
or interfere with any person in the exercise or enjoyment of, or on account of
that person having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected by this act.

���� e.���� For any person, whether
an employer or an employee or not, to aid, abet, incite, compel or coerce the
doing of any of the acts forbidden under this act, or to attempt to do so.

���� f.���� (1) For any owner,
lessee, proprietor, manager, superintendent, agent, or employee of any place of
public accommodation directly or indirectly to refuse, withhold from or deny to
any person any of the accommodations, advantages, facilities or privileges thereof,
or to discriminate against any person in the furnishing thereof, or directly or
indirectly to publish, circulate, issue, display, post or mail any written or
printed communication, notice, or advertisement to the effect that any of the
accommodations, advantages, facilities, or privileges of any such place will be
refused, withheld from, or denied to any person on account of the race, creed,
color, national origin, ancestry, marital status, civil union status, domestic
partnership status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States or nationality of such person,
or that the patronage or custom thereat of any person of any particular race,
creed, color, national origin, ancestry, marital status, civil union status,
domestic partnership status, pregnancy or breastfeeding status, sex, gender
identity or expression, affectional or sexual orientation, disability,
liability for service in the Armed Forces of the United States or nationality
is unwelcome, objectionable or not acceptable, desired or solicited, and the
production of any such written or printed communication, notice or
advertisement, purporting to relate to any such place and to be made by any
owner, lessee, proprietor, superintendent or manager thereof, shall be
presumptive evidence in any action that the same was authorized by such person;
provided, however, that nothing contained herein shall be construed to bar any
place of public accommodation which is in its nature reasonably restricted
exclusively to individuals of one sex, and which shall include but not be
limited to any summer camp, day camp, or resort camp, bathhouse, dressing room,
swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or
school or educational institution which is restricted exclusively to
individuals of one sex, provided individuals shall be admitted based on their
gender identity or expression, from refusing, withholding from or denying to
any individual of the opposite sex any of the accommodations, advantages,
facilities or privileges thereof on the basis of sex; provided further, that
the foregoing limitation shall not apply to any restaurant as defined in
R.S.33:1-1 or place where alcoholic beverages are served.

���� (2)�� Notwithstanding the
definition of "a place of public accommodation" as set forth in
subsection l. of section 5 of P.L.1945, c.169 (C.10:5-5), for any owner,
lessee, proprietor, manager, superintendent, agent, or employee of any private
club or association to directly or indirectly refuse, withhold from or deny to
any individual who has been accepted as a club member and has contracted for or
is otherwise entitled to full club membership any of the accommodations,
advantages, facilities or privileges thereof, or to discriminate against any
member in the furnishing thereof on account of the race, creed, color, national
origin, ancestry, marital status, civil union status, domestic partnership
status, pregnancy or breastfeeding, sex, gender identity, or expression,
affectional or sexual orientation, disability, liability for service in the
Armed Forces of the United States or nationality of such person.

���� In addition to the penalties
otherwise provided for a violation of P.L.1945, c.169 (C.10:5-1 et seq.), if
the violator of paragraph (2) of subsection f. of this section is the holder of
an alcoholic beverage license issued under the provisions of R.S.33:1-12 for
that private club or association, the matter shall be referred to the Director
of the Division of Alcoholic Beverage Control who shall impose an appropriate
penalty in accordance with the procedures set forth in R.S.33:1-31.

���� g.��� For any person,
including but not limited to, any owner, lessee, sublessee, assignee or
managing agent of, or other person having the right of ownership or possession
of or the right to sell, rent, lease, assign, or sublease any real property or
part or portion thereof, or any agent or employee of any of these:

���� (1)�� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of
race, creed, color, national origin, ancestry, marital status, civil union
status, domestic partnership status, pregnancy or breastfeeding, sex, gender
identity or expression, affectional or sexual orientation, familial status,
disability, liability for service in the Armed Forces of the United States,
nationality, or source of lawful income used for rental or mortgage payments;

���� (2)�� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, familial status, disability, liability for service in the
Armed Forces of the United States, nationality or source of lawful income used
for rental or mortgage payments in the terms, conditions or privileges of the
sale, rental or lease of any real property or part or portion thereof or in the
furnishing of facilities or services in connection therewith;

���� (3)�� To print, publish,
circulate, issue, display, post or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement,
publication or sign, or to use any form of application for the purchase,
rental, lease, assignment or sublease of any real property or part or portion
thereof, or to make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real property, or part
or portion thereof which expresses, directly or indirectly, any limitation,
specification or discrimination as to race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity, or expression, affectional or
sexual orientation, familial status, disability, liability for service in the
Armed Forces of the United States, nationality, or source of lawful income used
for rental or mortgage payments, or any intent to make any such limitation, specification
or discrimination, and the production of any such statement, advertisement,
publicity, sign, form of application, record, or inquiry purporting to be made
by any such person shall be presumptive evidence in any action that the same
was authorized by such person; provided, however, that nothing contained in
this subsection shall be construed to bar any person from refusing to sell,
rent, lease, assign or sublease or from advertising or recording a
qualification as to sex for any room, apartment, flat in a dwelling or
residential facility which is planned exclusively for and occupied by
individuals of one sex to any individual of the exclusively opposite sex on the
basis of sex provided individuals shall be qualified based on their gender
identity or expression;

���� (4)�� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or

���� (5)�� To refuse to rent or
lease any real property to another person because that person's family includes
children under 18 years of age, or to make an agreement, rental or lease of any
real property which provides that the agreement, rental or lease shall be
rendered null and void upon the birth of a child.� This paragraph shall not
apply to housing for older persons as defined in subsection mm. of section 5 of
P.L.1945, c.169 (C.10:5-5).

���� h.��� For any person,
including but not limited to, any real estate broker, real estate salesperson,
or employee or agent thereof:

���� (1)�� To refuse to sell, rent,
assign, lease or sublease, or offer for sale, rental, lease, assignment, or
sublease any real property or part or portion thereof to any person or group of
persons or to refuse to negotiate for the sale, rental, lease, assignment, or
sublease of any real property or part or portion thereof to any person or group
of persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments, or to represent that any real property or portion thereof is
not available for inspection, sale, rental, lease, assignment, or sublease when
in fact it is so available, or otherwise to deny or withhold any real property
or any part or portion of facilities thereof to or from any person or group of
persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States, or nationality;

���� (2)�� To discriminate against
any person because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States, nationality, or source of lawful income used for rental or
mortgage payments in the terms, conditions or privileges of the sale, rental,
lease, assignment or sublease of any real property or part or portion thereof
or in the furnishing of facilities or services in connection therewith;

���� (3)�� To print, publish,
circulate, issue, display, post, or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement,
publication or sign, or to use any form of application for the purchase,
rental, lease, assignment, or sublease of any real property or part or portion
thereof or to make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real property or part
or portion thereof which expresses, directly or indirectly, any limitation,
specification or discrimination as to race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
familial status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States, nationality, or source of
lawful income used for rental or mortgage payments or any intent to make any
such limitation, specification or discrimination, and the production of any
such statement, advertisement, publicity, sign, form of application, record, or
inquiry purporting to be made by any such person shall be presumptive evidence
in any action that the same was authorized by such person; provided, however,
that nothing contained in this subsection h., shall be construed to bar any
person from refusing to sell, rent, lease, assign or sublease or from
advertising or recording a qualification as to sex for any room, apartment,
flat in a dwelling or residential facility which is planned exclusively for and
occupied exclusively by individuals of one sex to any individual of the
opposite sex on the basis of sex, provided individuals shall be qualified based
on their gender identity or expression;

���� (4)�� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or

���� (5)�� To refuse to rent or
lease any real property to another person because that person's family includes
children under 18 years of age, or to make an agreement, rental or lease of any
real property which provides that the agreement, rental or lease shall be
rendered null and void upon the birth of a child.� This paragraph shall not
apply to housing for older persons as defined in subsection mm. of section 5 of
P.L.1945, c.169 (C.10:5-5).

���� i.���� For any person, bank,
banking organization, mortgage company, insurance company or other financial
institution, lender or credit institution involved in the making or purchasing
of any loan or extension of credit, for whatever purpose, whether secured by
residential real estate or not, including but not limited to financial
assistance for the purchase, acquisition, construction, rehabilitation, repair
or maintenance of any real property or part or portion thereof or any agent or
employee thereof:

���� (1)�� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States, familial status or nationality, in the granting,
withholding, extending, modifying, renewing, or purchasing, or in the fixing of
the rates, terms, conditions or provisions of any such loan, extension of
credit or financial assistance or purchase thereof or in the extension of
services in connection therewith;

���� (2)�� To use any form of
application for such loan, extension of credit or financial assistance or to
make record or inquiry in connection with applications for any such loan,
extension of credit or financial assistance which expresses, directly or
indirectly, any limitation, specification or discrimination as to race, creed,
color, national origin, ancestry, marital status, civil union status, domestic
partnership status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States, familial status or
nationality or any intent to make any such limitation, specification or
discrimination; unless otherwise required by law or regulation to retain or use
such information;

���� (3)�� (Deleted by amendment,
P.L.2003, c.180).

���� (4)�� To discriminate against
any person or group of persons because of the source of any lawful income
received by the person or the source of any lawful rent payment to be paid for
the real property; or

���� (5)�� To discriminate against
any person or group of persons because that person's family includes children
under 18 years of age, or to make an agreement or mortgage which provides that
the agreement or mortgage shall be rendered null and void upon the birth of a
child.� This paragraph shall not apply to housing for older persons as defined
in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).

���� j.���� For any person whose
activities are included within the scope of this act to refuse to post or
display such notices concerning the rights or responsibilities of persons
affected by this act as the Attorney General may by regulation require.

���� k.��� For any real estate
broker, real estate salesperson or employee or agent thereof or any other
individual, corporation, partnership, or organization, for the purpose of
inducing a transaction for the sale or rental of real property from which
transaction such person or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, ancestry, marital status,
civil union status, domestic partnership status, familial status, pregnancy or
breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States, nationality, or source of lawful income used for rental or
mortgage payments of the owners or occupants in the block, neighborhood or area
in which the real property is located, and to represent, directly or
indirectly, that this change will or may result in undesirable consequences in
the block, neighborhood or area in which the real property is located,
including, but not limited to the lowering of property values, an increase in
criminal or anti-social behavior, or a decline in the quality of schools or
other facilities.

���� l.���� For any person to
refuse to buy from, sell to, lease from or to, license, contract with, or trade
with, provide goods, services or information to, or otherwise do business with
any other person on the basis of the race, creed, color, national origin, ancestry,
age, pregnancy or breastfeeding, sex, gender identity or expression,
affectional or sexual orientation, marital status, civil union status, domestic
partnership status, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments of such other person or of such other person's family
members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers, or
customers.� This subsection shall not prohibit refusals or other actions (1)
pertaining to employee-employer collective bargaining, labor disputes, or
unfair labor practices, or (2) made or taken in connection with a protest of
unlawful discrimination or unlawful employment practices.

���� m.�� For any person to:

���� (1)�� Grant or accept any
letter of credit or other document which evidences the transfer of funds or
credit, or enter into any contract for the exchange of goods or services, where
the letter of credit, contract, or other document contains any provisions requiring
any person to discriminate against or to certify that he, she or it has not
dealt with any other person on the basis of the race, creed, color, national
origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, marital status, civil union
status, domestic partnership status, disability, liability for service in the
Armed Forces of the United States, or nationality of such other person or of
such other person's family members, partners, members, stockholders, directors,
officers, managers, superintendents, agents, employees, business associates,
suppliers, or customers.

���� (2)�� Refuse to grant or
accept any letter of credit or other document which evidences the transfer of
funds or credit, or refuse to enter into any contract for the exchange of goods
or services, on the ground that it does not contain such a discriminatory provision
or certification.

���� The provisions of this
subsection shall not apply to any letter of credit, contract, or other document
which contains any provision pertaining to employee-employer collective
bargaining, a labor dispute or an unfair labor practice, or made in connection with
the protest of unlawful discrimination or an unlawful employment practice, if
the other provisions of such letter of credit, contract, or other document do
not otherwise violate the provisions of this subsection.

���� n.��� For any person to aid,
abet, incite, compel, coerce, or induce the doing of any act forbidden by
subsections l. and m. of section 11 of P.L.1945, c.169 (C.10:5-12), or to
attempt, or to conspire to do so. Such prohibited conduct shall include, but
not be limited to:

���� (1)�� Buying from, selling to,
leasing from or to, licensing, contracting with, trading with, providing goods,
services, or information to, or otherwise doing business with any person
because that person does, or agrees or attempts to do, any such act or any act
prohibited by this subsection; or

���� (2)�� Boycotting, commercially
blacklisting or refusing to buy from, sell to, lease from or to, license,
contract with, provide goods, services or information to, or otherwise do
business with any person because that person has not done or refuses to do any
such act or any act prohibited by this subsection; provided that this
subsection shall not prohibit refusals or other actions either pertaining to
employee-employer collective bargaining, labor disputes, or unfair labor
practices, or made or taken in connection with a protest of unlawful
discrimination or unlawful employment practices.

���� o.��� For any multiple listing
service, real estate brokers' organization or other service, organization or
facility related to the business of selling or renting dwellings to deny any
person access to or membership or participation in such organization, or to
discriminate against such person in the terms or conditions of such access,
membership, or participation, on account of race, creed, color, national
origin, ancestry, age, marital status, civil union status, domestic partnership
status, familial status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States or nationality.

���� p.��� Nothing in the
provisions of this section shall affect the ability of an employer to require
employees to adhere to reasonable workplace appearance, grooming and dress
standards not precluded by other provisions of State or federal law, except
that an employer shall allow an employee to appear, groom and dress consistent
with the employee's gender identity or expression.

���� q.� (1) For any employer to
impose upon a person as a condition of obtaining or retaining employment,
including opportunities for promotion, advancement or transfers, any terms or
conditions that would require a person to violate or forego a sincerely held
religious practice or religious observance, including but not limited to the
observance of any particular day or days or any portion thereof as a Sabbath or
other holy day in accordance with the requirements of the religion or religious
belief, unless, after engaging in a bona fide effort, the employer demonstrates
that it is unable to reasonably accommodate the employee's religious observance
or practice without undue hardship on the conduct of the employer's business.�
Notwithstanding any other provision of law to the contrary, an employee shall
not be entitled to premium wages or premium benefits for work performed during
hours to which those premium wages or premium benefits would ordinarily be
applicable, if the employee is working during those hours only as an
accommodation to his religious requirements. Nothing in this subsection q.
shall be construed as reducing:

���� (a)�� The number of the hours
worked by the employee which are counted towards the accruing of seniority,
pension or other benefits; or

���� (b)�� Any premium wages or
benefits provided to an employee pursuant to a collective bargaining agreement.

���� (2)�� For an employer to
refuse to permit an employee to utilize leave, as provided for in this
subsection q., which is solely used to accommodate the employee's sincerely
held religious observance or practice.� Except where it would cause an employer
to incur an undue hardship, no person shall be required to remain at his place
of employment during any day or days or portion thereof that, as a requirement
of his religion, he observes as his Sabbath or other holy day, including a
reasonable time prior and subsequent thereto for travel between his place of
employment and his home; provided that any such absence from work shall,
wherever practicable in the reasonable judgment of the employer, be made up by
an equivalent amount of time and work at some other mutually convenient time,
or shall be charged against any leave with pay ordinarily granted, other than
sick leave, and any such absence not so made up or charged, may be treated by
the employer of that person as leave taken without pay.

���� (3) (a) For purposes of this
subsection q., "undue hardship" means an accommodation requiring
unreasonable expense or difficulty, unreasonable interference with the safe or
efficient operation of the workplace or a violation of a bona fide seniority
system or a violation of any provision of a bona fide collective bargaining
agreement.

���� (b)�� In determining whether
the accommodation constitutes an undue hardship, the factors considered shall
include:

���� (i)��� The identifiable cost
of the accommodation, including the costs of loss of productivity and of
retaining or hiring employees or transferring employees from one facility to
another, in relation to the size and operating cost of the employer.

���� (ii)�� The number of
individuals who will need the particular accommodation for a sincerely held
religious observance or practice.

���� (iii)� For an employer with
multiple facilities, the degree to which the geographic separateness or
administrative or fiscal relationship of the facilities will make the
accommodation more difficult or expensive.

���� (c)�� An accommodation shall
be considered to constitute an undue hardship if it will result in the
inability of an employee to perform the essential functions of the position in
which he or she is employed.

���� (d)�� (i) The provisions of
this subsection q. shall be applicable only to reasonable accommodations of
religious observances and shall not supersede any definition of undue hardship
or standards for reasonable accommodation of the disabilities of employees.

���� (ii)�� This subsection q.
shall not apply where the uniform application of terms and conditions of
attendance to employees is essential to prevent undue hardship to the
employer.� The burden of proof regarding the applicability of this subparagraph
(d) shall be upon the employer.

���� r.���� For any employer to
take reprisals against any employee for requesting from, discussing with, or
disclosing to, any other employee or former employee of the employer, a lawyer
from whom the employee seeks legal advice, or any government agency information
regarding the job title, occupational category, and rate of compensation,
including benefits, of the employee or any other employee or former employee of
the employer, or the gender, race, ethnicity, military status, or national
origin of the employee or any other employee or former employee of the
employer, regardless of whether the request was responded to, or to require, as
a condition of employment, any employee or prospective employee to sign a
waiver, or to otherwise require an employee or prospective employee to agree,
not to make those requests or disclosures.� Nothing in this subsection shall be
construed to require an employee to disclose such information about the
employee herself to any other employee or former employee of the employer or to
any authorized representative of the other employee or former employee.

���� s.���� For an employer to
treat, for employment-related purposes, a woman employee that the employer
knows, or should know, is affected by pregnancy or breastfeeding in a manner
less favorable than the treatment of other persons not affected by pregnancy or
breastfeeding but similar in their ability or inability to work.� In addition,
an employer of an employee who is a woman affected by pregnancy shall make
available to the employee reasonable accommodation in the workplace, such as
bathroom breaks, breaks for increased water intake, periodic rest, assistance
with manual labor, job restructuring or modified work schedules, and temporary
transfers to less strenuous or hazardous work, for needs related to the
pregnancy when the employee, based on the advice of her physician, requests the
accommodation, and, in the case of a
lactating
employee
[
breast feeding
her infant child
]

for such time as the employee desires
, the accommodation shall include
reasonable break time each day
paid at the employee�s regular rate of compensation,
job restructuring, and a modified work schedule
to the employee and a
suitable room or other location with privacy,
free from intrusion of other
employees or customers of the employer�s business, if applicable,
other
than a
[
toilet
stall
]

restroom
, in close proximity to the work area for the employee to
express breast milk for the child, unless the employer can demonstrate that
providing the accommodation would be an undue hardship on the business
operations of the employer.� The employer shall not in any way penalize the
employee in terms, conditions or privileges of employment for requesting or
using the accommodation. Workplace accommodation provided pursuant to this
subsection and paid or unpaid leave provided to an employee affected by pregnancy
or breastfeeding shall not be provided in a manner less favorable than
accommodations or leave provided to other employees not affected by pregnancy
or breastfeeding but similar in their ability or inability to work.� This
subsection shall not be construed as otherwise increasing or decreasing any
employee's rights under law to paid or unpaid leave in connection with
pregnancy or breastfeeding.

���� For the purposes of this
section "pregnancy or breastfeeding" means pregnancy, childbirth, and
breast feeding or expressing milk for breastfeeding, or medical conditions
related to pregnancy, childbirth, or breastfeeding, including recovery from
childbirth.

���� For the purposes of this
subsection, in determining whether an accommodation would impose undue hardship
on the operation of an employer's business, the factors to be considered
include: the overall size of the employer's business with respect to the number
of employees, number and type of facilities, and size of budget; the type of
the employer's operations, including the composition and structure of the
employer's workforce; the nature and cost of the accommodation needed, taking
into consideration the availability of tax credits, tax deductions, and outside
funding; and the extent to which the accommodation would involve waiver of an
essential requirement of a job as opposed to a tangential or non-business
necessity requirement.

���� t.���� For an employer to pay
any of its employees who is a member of a protected class at a rate of
compensation, including benefits, which is less than the rate paid by the
employer to employees who are not members of the protected class for
substantially similar work, when viewed as a composite of skill, effort and
responsibility.� An employer who is paying a rate of compensation in violation
of this subsection shall not reduce the rate of compensation of any employee in
order to comply with this subsection.� An employer may pay a different rate of
compensation only if the employer demonstrates that the differential is made
pursuant to a seniority system, a merit system, or the employer demonstrates:

���� (1)�� That the differential is
based on one or more legitimate, bona fide factors other than the
characteristics of members of the protected class, such as training, education
or experience, or the quantity or quality of production;

���� (2)�� That the factor or
factors are not based on, and do not perpetuate, a differential in compensation
based on sex or any other characteristic of members of a protected class;

���� (3)�� That each of the factors
is applied reasonably;

���� (4)�� That one or more of the
factors account for the entire wage differential; and

���� (5)�� That the factors are
job-related with respect to the position in question and based on a legitimate
business necessity.� A factor based on business necessity shall not apply if it
is demonstrated that there are alternative business practices that would serve
the same business purpose without producing the wage differential.

���� Comparisons of wage rates
shall be based on wage rates in all of an employer's operations or facilities.�
For the purposes of this subsection, "member of a protected class"
means an employee who has one or more characteristics, including race, creed,
color, national origin, nationality, ancestry, age, marital status, civil union
status, domestic partnership status, affectional or sexual orientation, genetic
information, pregnancy,
breastfeeding
sex, gender identity or
expression, disability or atypical hereditary cellular or blood trait of any
individual, or liability for service in the armed forces, for which subsection
a. of this section prohibits an employer from refusing to hire or employ or
barring or discharging or requiring to retire from employment or discriminating
against the individual in compensation or in terms, conditions or privileges of
employment.

(cf: P.L.2021, c.248, s.2)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would clarify
protections provided in the �Law Against Discrimination� to working mothers who
are breast feeding.� Specifically, the bill provides that an employer is
required to accommodate a lactating employee for as long as the employee desires.�
Additionally, the bill clarifies that lactating employees are entitled to
reasonable break time paid at the employee�s regular rate of compensation, job
restructuring, and a modified work schedule for the purpose of milk expression.

���� Further, the bill requires an
employer to provide a suitable room or other location with privacy, free from
intrusion of other employees or customers of the employer�s business, if
applicable, other than a restroom, for the purpose of milk expression. �