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7 N.J.A.R. 289

Exxon Company, U.S.A. and L.F. Sullivan; Andersen, Leif v
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Citation: 7 N.J.A.R. 289
Decision Date: 1979
Synopsis: Complainant alleged that respondent violated the Law Against Discrimination in refusing to hire him because of his physical condi- tion. The administrative law judge assigned to the case found that com- plainant had had a spinal operation in 1960 but that he had made a successful recovery. In 1973 complainant was refused employment with respondent because he was found not to be physically qualified for the position for which he applied based upon a cursory examina- tion by respondent's doctor. The judge determined that although complainant was physically handicapped within the meaning of N.J.S.A. 10:5-5(q) at the time he applied for the job, he was physi- cally capable of performing the job. Accordingly, the judge con- cluded that respondent had discriminated against complainant based on physical handicap. Upon review of this decision by the Division on Civil Rights, the Director adopted the findings of fact and conclusions of law of the administrative law judge. The Director modified the judge's determi- nation as to damages, finding that aside from the judge's determina- tion as to humiliation damages, there was insufficient basis in the record to support the other elements of the damage award. Accord- ingly, the Director ordered the parties to submit additional materials on the question of damages. Arlhur N. Marlin, Jr., Esq., for complainant (Martin & Hart, attorneys) John F, Tulb, Esq., for respondents (Charles E. Beck, Esq., attor- iley)
Citation Tracker modified-Div. on Civil Rights; affirmed -App. Div., A-2940-79, 2/25/81 (unreported); affirmed in part, modified p. 89 N.J. 483 (1982) [Updated through 1991]