In Delanoy v. Twp. of Ocean, the New Jersey Supreme Court affirmed a published opinion from the Appellate Division that in turn reversed the order of the Law Division granting summary judgment in favor of the defendants. Plaintiff was a police officer who was pregnant and sought accommodation from her employer. But the standard operating procedure for pregnant women for light-duty was different than the standard operating procedure for other workers who needed light duty. So, Plaintiff sued under the Pregnant Workers Fairness Act, which amended the state’s Law Against Discrimination. The Supreme Court largely relied on the Appellate Division’s opinion but noted that the theory of liability was honed down during the appellate process. The Supreme Court requested “plaintiffs — and their attorneys — bringing claims under subsection (s) of the PWFA to identify the theories on which their causes of action rely.” The Supreme Court remanded with orders to grant summary judgment and injunctive relief for the plaintiff.
