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2 N.J.A.R. 42

Wando Optical Corporation; Hunter, Joyce v
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Citation: 2 N.J.A.R. 42
Decision Date: 1980
Synopsis: Petitioner alleged that Wando Optical had discriminated against her on the basis of her race in violation of N.J.S.A. 10:5-4 and in particular N.J.S.A. 10:5-12(a) when it failed to contact her for an interview after she had filled out an application for an advertised position. The administrative law judge found that the corporation had established standardized criteria for accepting or rejecting employment applications; that these criteria had no relationship to the race of any applicant and had been uniformly applied to all applicants, including petitioner, regardless of race. The application of these employment criteria caused the petitioner to be rejected because her prior earnings were considered too high to qualify for the position open. Based on such findings, the administrative law judge concluded that the petitioner had failed to meet her burden of establishing that the corporation discriminated against her because of her race or that the reasons given for her rejection were a pretext for race discrimination. Accordingly, the complaint was dismissed. Joseph M. Gorre!!, Deputy Attorney General for Petitioner (John J. Degnan Attorney General, Attorney) Steven G. Wolschina, Esq., for Respondent (Brown, Connery, Kulp, Wille, Purnell & Greene, Attorneys)
Statute(s) Cited: 10:5-4 10:5-12(a)