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8 N.J.A.R. 75

Rogers, Sylvester v. Campbell Foundry Company
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Citation: 8 N.J.A.R. 75
Decision Date: 1980
Agency: DIVISION ON CIVIL RIGHTS
Synopsis: Petitioner alleged that respondent had unlawfully refused to hire him because of a handicap, in violation of N.J.S.A. 10:5-4.1 and 10:5-12a. The administrative law judge assigned to the case found that as a result of a pre-employment physical, petitioner had been denied employ- ment because of a 'hilar shadow' on his X-ray. The administrative law judge concluded, however, that since medical testimony established that petitioner was not suffering from an infirmity, malformation or disfig- urement he was not handicapped within the meaning of N.J.S.A. 10:5(g). The Director of the Division on Civil Rights rejected the administra- tive law judge's conclusion. The Director determined that respondent's decision not to hire petitioner was based upon a perception of peri- tioner's predisposition to lung disease and future suitability for contin- ued employment. Thus, while petitioner's condition was not disabling, it was stigmatic which was sufficient to bring petitioner within the protec- tion of the Law Against Discrimination. In addition, the Director deter- mined that the Civil Rights laws prohibit denials of employment predicated on the fear of future disability of currently healthful individuals. Accordingly, the Director determined that there had been a violation of N.J.S.A. 10:5-4.1 and 10:5-12(a) and ordered the matter remanded to the administrative law judge for calculation of a back pay award. Kenneth I. Nowak, Deputy Attorney General, for petitioner and the Division on Civil Rights John A. Craner, Esq. and Stephen A. Satkin, Esq., for respondent (Craner & Nelson, attorneys) Initial Decision
Citation Tracker rejected, Div. on Civil Rights; affirmed -185 N.J. Super. 109 (App. Div. 1982); certification denied-91 N.J. 529 (1982) [Updated through 1991]