Christina M. Gerety and John Gerety, Husband and Wife, Plaintiffs-Respondents v. Atlantic City Hilton Casino…

Summary

The Supreme Court of New Jersey reversed the trial court’s finding that Atlantic City Hilton Casino’s neutral medical leave policy violated the New Jersey Law Against Discrimination and remanded for further proceedings. The Court held that the policy, which provides equal leave to men and women and exceeds statutory minimums, does not constitute disparate impact discrimination under the LAD. A dissent argued that the policy does impose a disparate impact on women and should be required to accommodate pregnancy.