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GIMELLO v. AGENCY RENT-A-CAR SYSTEMS, INC.

250 N.J. Super. 338 (1991)

594 A.2d 264

JOSEPH R. GIMELLO, COMPLAINANT-RESPONDENT, v. AGENCY RENT-A-CAR SYSTEMS, INC., RICK BRINDISI AND VINCENT GARRENTON, RESPONDENTS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 1991.

Attorney(s) appearing for the Case

Maxine H. Neuhauser argued the cause for appellant Agency Rent-A-Car (Epstein, Becker & Green and Mackevich & Burke, attorneys; M. Elaine Jacoby and James E. Mackevich, of counsel; Maxine H. Neuhauser on the brief.

Joel S. Selikoff and Steven R. Cohen argued the cause for respondent Joseph R. Gimello (Selikoff & Cohen, attorneys; Joel S. Selikoff and Steven R. Cohen, of counsel and on the brief).

Lynn B. Norcia, Deputy Attorney General, argued the cause for respondent Division of Civil Rights (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Lynn B. Norcia on the brief).

Before Judges KING, LONG and R.S. COHEN.

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

In this case the complainant, Joseph Gimello, claimed that he was a victim of a discriminatory discharge from employment. He claimed that he was fired because of his obesity, a condition unrelated to his ability to do his job as office manager for a car rental agency. His employer claimed that he was terminated because of inadequate job performance. The Director...

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