THE MAGAZINE

Discrimination

The New Jersey Supreme Court has ruled that a company did not discriminate against a pregnant employee when it allowed her only 26 weeks of medical leave in a single year. A company policy, the 26-week rule was applied equally to all employees so it could not be considered discriminatory. In a dissenting opinion, three of the court’s seven judges claimed that the policy should be considered discriminatory because only women will be forced to use the policy for pregnancy-related conditions, thus limiting the amount of medical leave available to women. Because this situation would never apply to a male employee, the judge argued, the pregnant employee should have prevailed in the case. (Gerety v. Atlantic City Hilton Casino, New Jersey Supreme Court, No. A-33-04, 2005)

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