Pregnancy in Pieces: The Potential Gap in State and Federal Provided Pregnancy Leave


This Comment describes a New Jersey Supreme Court in detail, along with the current state of both federal and state leave laws and federal and state pregnancy discrimination laws. Next, this Comment argues that it is the interaction of federal and state leave laws that most often creates a gap in leave and that this gap produces a disparate impact on pregnant employees, which violates the Pregnancy Discrimination Act. It also examines the most common misinterpretations courts make when examining pregnant employees’ requests for recovery under anti-discrimination laws. In conclusion, this Comment advocates for the treatment of pregnancy as one singular condition under leave laws, because a holistic approach would more closely mirror women’s real world experience with pregnancy and prevent discriminatory gaps.


Labor and Employment Law | Law and Gender

Date of this Version

February 2006