Kathleen J. Delanoy, Plaintiff-Respondent, v. Township of Ocean, Andrew Brannen, Steven Peters, Neil Ingenito, William Larkin, Christopher Siciliano, W. Michael Evans, William Garofalo, and Donna Schepiga, Defendants-Appellants., 2021 N.J. LEXIS 173

Summary

HOLDINGS: [1]-In an action by a police officer against her employer and others for violations of the New Jersey Pregnant Workers Fairness Act (PFWA), the appellate division properly reversed the summary judgment granted to defendants because the PWFA recognized for pregnant and breastfeeding employees three distinct causes of action within N.J.S.A. § 10:5-12(s); [2]-The first cause of action was for unequal or unfavorable treatment, which rendered defendants' employment policy facially invalid: [3]-The second cause of action was for reasonable accommodation because § 10:5-12(s) specifically addressed pregnancy accommodation and provided the elements and defenses to the claim; [4]-The third cause of action was for penalization, which arose when conditions of a designated accommodation were made particularly harsh.