Legal Opinion · Dissent

Andersen v. Exxon Co.

Supreme Court of New Jersey

Decided May 24, 1982Published

1DissentSchreiber, J.

A prospective employer who relies in good faith on the expertise of an independent medical doctor that an applicant is not physically capable of performing the job has not violated the Law Against Discrimination. I believe an interpretation of the law leading to the opposite result is contrary to the intent of the Legislature as expressed in the statute. Moreover, I would not charge a supervisory employee with violation of the Law Against Discrimination when that employee does not make company policy but merely administers it. Nor do I believe that *504the Law Against Discrimination authorizes…

2Cases cited10 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Board of Trustees of Keene State College v. SweeneySupreme Court of the United States · 1978
  4. Peper v. Princeton University Board of TrusteesSupreme Court of New Jersey · 1978
  5. Jackson v. Concord CompanySupreme Court of New Jersey · 1969

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