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7 N.J.A.R. 150

Pilot, Lynn v. Health, Department of
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Citation: 7 N.J.A.R. 150
Decision Date: 1982
Agency: DIVISION ON CIVIL RIGHTS
Synopsis: Petitioner appealed to the Division on Civil Rights alleging that her employer had discriminated against her because she was an epileptic. The administrative law judge assigned to the case determined that there were four issues to be addressed: 1) whether petitioner complied with a jurisdictional filing requirement; 2) whether petitioner was discriminated against because of her epileptic condition; 3) what remedy, if any, would be appropriate; and 4) from what date should any remedy be measured. The judge found that petitioner .suffers from Temporal Lobe Epi- lepsy but that since 1966 she had had a permanent appointment as a laboratory technician with the State Department of Health. The judge also found that given the limited nature of petitioner's seizures and the degree to which they were controlled through medication, no medical evidence had been introduced which would have indicated that petitioner was unable to work in any of the laboratory units of the Department of Health. Despite this, however, the judge deter- mined that the Department, without medical verification, had limited the scope of petitioner's work assignments and had denied her the experience necessary to place her in a competitive position for promo- tional consideration. In addition, the judge found that virtually all employees hired as laboratory technicians by the Department at the same time as the petitioner had received promotions. Overtime work had also been denied the petitioner because of ungrounded safety considerations. Accordingly, the administrative law judge concluded that the peti- tioner had shown that absent unwarranted discrimination based on her medical condition, she would have attained promotion and been State of New Jersey 151 granted overtime opportunities. The judge ordered that petitioner be promoted to senior laboratory technician with seniority and back pay with interest retroactive to August 1, 1972. Additionally, the peti- tioner was awarded monetary damages for pain and suffering and counsel fees. Charles J. Casale, Jr., Esq. for petitioner (Casale & Segal, attor- neys) Mumtaz B. Bari, Assistant Deputy Public Advocate, for petitioner (Stanley C. Van Ness, Public Advocate, attorney) Kathleen O. Marsh, Deputy Attorney General, for respondent (James R. Zazzali, Attorney General of New Jersey, attorney) Alexandra K. Finucane, Esq. for the Epilepsy Foundation of America Initial Decision
Statute(s) Cited: 10:5-2.1 10:5-4 10:5-5(g) 10:5-17 10:5-18 10:5-27.1 
Citation Tracker adopted-Div. on Civil Rights; affirmed -App. Div., A-5853-81, 9/28/83 (unreported) [Updated through 1991]