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Pregnancy Leave Ruling Misses the Mark - New Jersey Law Journal


New Jersey's Supreme Court has ruled that an employer's refusal to extend leave for a woman experiencing complications from pregnancy didn't violate the state's Law Against Discrimination. It reached that conclusion by limiting its analysis to whether the employer's action constituted disparate treatment discrimination or created a disparate impact. The court, says Samuel Samaro, missed the real issue, of whether the plaintiff was disabled under the LAD and entitled to a leave as a reasonable accommodation.

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