JANSEN v. FOOD CIRCUS SUPERMARKETS, INC.


110 N.J. 363 (1988)

541 A.2d 682

DANIEL JANSEN, PLAINTIFF-APPELLANT, v. FOOD CIRCUS SUPERMARKETS, INC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 25, 1988.


Attorney(s) appearing for the Case

Stephen B. Hunter argued the cause for appellant (Klausner & Hunter, attorneys).

Gary E. Fox argued the cause for respondent (Ansell, Fox, Zaro & McGovern, attorneys; Patricia F. Stefanile, on the brief).

Lynn B. Norcia, Deputy Attorney General, argued the cause for amicus curiae Division on Civil Rights (W. Cary Edwards, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel).

Louis Bucceri submitted a brief on behalf of amicus curiae Epilepsy Foundation of America (Bucceri & Pincus, attorneys).

Linda D. Headley, Assistant Deputy Public Advocate, submitted a brief on behalf of amicus curiae Epilepsy Foundation of New Jersey (Alfred A. Slocum, Public Advocate, attorney).


The opinion of the Court was delivered by POLLOCK, J.

On this appeal, the basic issue is whether the employer, Food Circus Supermarkets, Inc. (Food Circus), reasonably concluded that the epilepsy of its former employee, Daniel Jansen, presented a materially enhanced risk of harm to him or other employees. Acting on that conclusion, Food Circus terminated Jansen's employment. The Chancery Division found that the employer reasonably...

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