The restaurant industry is physically demanding. As a server, bartender, host, or line cook, you spend hours on your feet, carrying heavy trays, navigating slippery floors, and dealing with the relentless pace of a busy shift. When you find out you are pregnant, you might naturally worry about how you will manage the physical toll. But what you should never have to worry about is whether your boss will fire you because of it.
Unfortunately, pregnancy discrimination is rampant in the hospitality industry. Restaurant managers often make illegal assumptions about a pregnant employee’s ability to work. They might cut your shifts, move you to a less lucrative section, refuse to let you carry a water bottle, or simply take you off the schedule entirely, claiming you are a “liability.”
If you work in a New Jersey restaurant and are being pushed out because you are expecting a child, you need to know that your employer is breaking the law. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, Our employment attorneys fight for the rights of hospitality workers. We know how restaurant owners try to hide discrimination behind excuses like “slow business” or “customer complaints.” We are here to expose the truth and protect your livelihood.
The Law Protects Pregnant Restaurant Workers
In New Jersey, pregnant workers are protected by some of the strongest anti-discrimination laws in the country, specifically the New Jersey Law Against Discrimination (NJLAD) and the federal Pregnant Workers Fairness Act (PWFA).
Under these laws, it is strictly illegal for a restaurant owner or manager to:
- Fire you because you are pregnant.
- Refuse to hire you because you are pregnant.
- Cut your hours or shifts because they assume you need rest.
- Demote you from a high-tipping position (like bartending or serving) to a lower-paying role (like hosting or rolling silverware) against your will.
- Force you to take unpaid leave before you are medically required to do so.
Your employer must treat you exactly the same as any other employee who is similar in their ability or inability to work. If a manager allows a server with a sprained ankle to take extra breaks, they must allow a pregnant server to do the same.
Your Right to Reasonable Accommodations
One of the most common ways restaurants violate the law is by refusing to provide reasonable accommodations. The physical nature of restaurant work means that as your pregnancy progresses, you may need slight adjustments to your job duties to stay safe and healthy.
Under the NJLAD and the PWFA, your employer must provide reasonable accommodations for your pregnancy, childbirth, or related medical conditions, unless doing so would cause an “undue hardship” on the business.
In a restaurant setting, reasonable accommodations often include:
- More frequent bathroom breaks.
- Permission to carry and drink water while on the floor.
- A stool to sit on during slow periods or while rolling silverware.
- Assistance with heavy lifting (e.g., having a busser carry heavy trays or kegs).
- Temporary transfer to lighter duty (if such duty exists and is available).
- Modified scheduling to accommodate severe morning sickness or prenatal appointments.
If you provide a doctor’s note requesting that you not lift more than 20 pounds, your manager cannot simply say, “If you can’t carry a tray, you can’t work here.” They must engage in an interactive process with you to find a solution that allows you to keep working.
Recognizing the “Slow Fade”
In the restaurant industry, managers rarely say, “I am firing you because you are pregnant.” Instead, they use the “slow fade.” This is a form of constructive discharge, designed to make you quit so they don’t have to fire you.
Watch out for these retaliatory tactics:
- The Shift Squeeze: You go from working five prime dinner shifts a week to two slow lunch shifts.
- The Section Downgrade: You are consistently assigned the worst section in the restaurant, drastically reducing your tips.
- Hyper-Scrutiny: Suddenly, you are being written up for minor infractions (like being two minutes late or a uniform violation) that everyone else gets away with.
- The “Liability” Guilt Trip: Managers making comments like, “Are you sure you should be carrying that?” or “I’m just worried you’re going to slip and sue us.”
These actions are illegal. Cutting your shifts to force you out is legally the same as firing you.
How to Protect Your Job and Your Income
If you are experiencing pregnancy discrimination in your restaurant, you must take immediate steps to protect yourself.
- Get It in Writing: Restaurant communication is often verbal. Change that. If your manager cuts your shifts, text or email them asking why. If you need an accommodation, submit the doctor’s note via email and keep a copy.
- Document Your Income: Because so much of a restaurant worker’s income is tip-based, it is crucial to document your earnings. Keep track of your shifts, your sections, and your tips before and after you announced your pregnancy to prove financial damages.
- Do Not Quit: If the environment becomes hostile, do not walk out mid-shift or resign without speaking to a lawyer first. Quitting can make it much harder to pursue a legal claim.
- Talk to an Employment Lawyer: Hospitality workers often feel they have no power against management. That is exactly what your employer wants you to think. An experienced attorney can level the playing field.
Frequently Asked Questions (FAQ)
Q: My manager said it’s a “safety hazard” for me to be on the floor with a big belly and forced me to take leave. Is that legal?
A: No. An employer cannot force you to take leave based on their own assumptions about your safety or what is “best” for you. As long as you are able to perform the essential functions of your job (with or without a reasonable accommodation), the decision of when to stop working is entirely up to you and your doctor.
Q: I asked for a stool to sit on between tables, and my boss said “servers don’t sit.” What are my rights?
A: Under the New Jersey Law Against Discrimination, providing a stool for a pregnant employee to rest is explicitly listed as an example of a reasonable accommodation. Unless the restaurant can prove that providing a stool would cause a severe disruption to their business (which is highly unlikely), denying this request is illegal.
Q: I am a bartender and the smell of certain liquors is making me sick. Can I ask to be moved to the serving floor temporarily?
A: Yes, you can request a temporary transfer as a reasonable accommodation. Your employer must engage in an interactive process to see if this is feasible. If there are open serving shifts available, or if they routinely allow staff to swap roles, they should accommodate your request.
We Fight for Hospitality Workers
You work hard for your money, and you deserve to enjoy your pregnancy without the constant fear of losing your job. Restaurant owners who discriminate against pregnant women must be held accountable for the financial and emotional distress they cause.
At our firm, we are not intimidated by aggressive restaurant groups or corporate hospitality chains. We know how to uncover the truth behind sudden shift cuts and pretextual firings. We will fight aggressively to recover your lost wages, secure compensation for your emotional distress, and ensure your rights are respected.
If you are a restaurant worker facing pregnancy discrimination, contact us today for a confidential consultation. Let us handle the legal fight so you can focus on your growing family.