A Wayne woman claiming that an employee for Tiffany & Co. told her not to breast-feed in the store has legal basis to sue under New Jersey's Law Against Discrimination, a state judge ruled Tuesday.
Attorneys for the exclusive retailer had filed a summary judgment motion trying to block Rosa Almond's civil suit, arguing, among other things, that state law does not address breast-feeding per se. Superior Court Judge Burrell Ives Humphreys in Paterson ruled, however, that the law can be "liberally construed" in combination with other New Jersey statutes that do protect breast-feeding in places of "public accommodation."
Quoting past case law, the judge also noted that the law's overriding purpose is "nothing less than the eradication of the cancer of discrimination."
The judge did agree with Tiffany's other arguments that the woman's claim does not meet the legal criteria to sue for emotional pain and suffering. Attorneys for the plaintiff said they can still sue for other compensatory damages under the law. It was not immediately clear what the nature of those damages would be.
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