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Posted on: March 15, 2021

NJ Supreme Court Decision Could Impact Municipal Employment Policies

The New Jersey Supreme Court released a decision this week that could have an impact on municipalities as an employer. Delanoy v. Twp. of Ocean considered for the first time the New Jersey Pregnant Workers Fairness Act (PWFA).

The New Jersey Supreme Court released a decision this week that could have an impact on municipalities as an employer. Delanoy v. Twp. of Ocean considered for the first time the New Jersey Pregnant Workers Fairness Act (PWFA). The PWFA amended existing portions of the NJ Law Against Discrimination (LAD) by including pregnancy or breastfeeding as a protected classification within the LAD prohibitions and protections.

The Court in the Delanoy case determined that the PWFA recognizes for pregnant and breastfeeding employees three distinct causes of action: 1) unequal or unfavorable treatment; 2) failure to accommodate; and 3) unlawful penalizations. In the matter at hand, the court determined that the differing standards the municipal police force applied to a pregnant officer, versus what is applied to an officer needing light duty for another reason, violated the PWFA because the policy for pregnant officers provided unfavorable treatment.

You should review this decision with your labor attorney and verify that your municipal employment policies align with the Court’s ruling.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

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