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1 N.J.A.R. 249

Jersey Shore Medical Center; Dumont, Bruce T. v
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Citation: 1 N.J.A.R. 249
Decision Date: 1980
Agency: DIVISION ON CIVIL RIGHTS
Synopsis: Dumont asserts that his dismissal from his position as a security guard was due to his age and thus in violation of the New Jersey Law Against Dis- crimination, N.J.S.A. 10:5-4.1 and 10:5-12(a). The Medical Center claimed that at age 74, Dumont's ability to perform the job of security guard was questionable and thus good cause existed for his termination. The administrative law judge found that although Dumont was qualified for the position which he had held for four years, he had bcen told by his superior that he was being dismissed because of his advanced age. Tes- timony indicated that Dumont had received 'excellent' job ratings, a merit award for outstanding job perfi)rmancc and had restrained unruly patients as the need arose. The judge found that Dumont had established a prima .[[wie case of age discrimination by a preponderance of the evidence and that the Medical Center had failcd to .justify its conduct. The Center had failed to prove that the position of security guard came within any exception to unlawful age discrimination and attempts to discredit Dumont's job perfor- mance were found to be unconvincing. The administrative law judge ordered that Dumont receive reinstatement and all money and benefits which he would have received had he not been dismissed plus interest, in addition to $2,000 in humiliation damages. Evan Jahos, Esq., for Petitioner (Meth, Wood, Jahos & Brocge, Attor- neys) Judith E. Rodnet, Deputy Attorney General, for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney) Albert Zager, Esq., for Respondent (Carton, Nary, Witt & Arvanitis, Attorneys)
Statute(s) Cited: 10:5-4.1