THOMSON v. SANBORN'S MOTOR EXPRESS, INC.


154 N.J. Super. 555 (1977)

382 A.2d 53

IRENE THOMSON AND DIVISION ON CIVIL RIGHTS, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, RESPONDENTS, v. SANBORN'S MOTOR EXPRESS, INC., APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1977.


Attorney(s) appearing for the Case

Mr. Herbert Burstein of the New York Bar argued the cause for appellant (Messrs. Russo, Tumulty and Nester, attorneys; Mr. Joseph Nester, of counsel; Mr. James F. Maher of the New York Bar, on the brief).

Mr. Joseph M. Gorrell, Deputy Attorney General, argued the cause in behalf of respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mrs. Erminie L. Conley, Deputy Attorney General, of counsel).

Before Judges CONFORD, MICHELS and PRESSLER.


The opinion of the court was delivered by MICHELS, J.A.D.

We must decide whether an employer's policy prohibiting the contemporaneous full-time employment of relatives in the same department or terminal as applied to spouses is violative of the proscription against "discrimination because of marital status" set forth in the Law Against Discrimination, N.J.S.A. 10:5-1 et seq. The Director of the Division on Civil Rights (Division) found such a violation...

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