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8 N.J.A.R. 27

Hayman, Betty M. Vo Funk, George & H.F.E. Corporation, t/a Shop N' Bag
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Citation: 8 N.J.A.R. 27
Decision Date: 1984
Synopsis: Petitioner alleged that the respondents were guilty of unlawful dis- crimination based upon race with respect to their alleged refusal to employ petitioner in contravention of N.J.S.A. 10:5-4 and 10:5-12(a). The administrative law judge assigned to the case found that peti- tioner, a black woman, had vigorously pursued employment as a cashier with respondent, that she was qualified for the position but that respon- dent hired a white female for the position based upon respondent's determination that black employees were unreliable. The judge noted that while the reasons provided for hiring the white female were pre- mised upon legitimate managerial prerogatives, the evidence convinc- ingl establishes that such reasons were pretextual and petitioner was not hired because of her race. Accordingly, the judge awarded damages for back pay and emotional distress. Upon review by the Division on Civil rights, the agency adopted the decision of the administrative law judge. David Griffiths, Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Stacy L. Moore, Esq., for respondents (Parker, McCay & Criscuolo, attorneys) Initial Decision
Statute(s) Cited: 10:5-4