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ILLINGWORTH v. NESTLE U.S.A., INC.

Civil Action No. 95-2409(JCL).

926 F.Supp. 482 (1996)

Donald D. ILLINGWORTH, Plaintiff, v. NESTLE U.S.A., INC., t/a Nestle Food Company, Defendant.

United States District Court, D. New Jersey.

May 21, 1996.

Attorney(s) appearing for the Case

David Schechner, Schechner & Targan, West Orange, NJ, for Plaintiff.

Vincent E. Reilly, McElroy, Deutsch & Mulvaney, Morristown, NJ, for Defendant.

OPINION

LIFLAND, District Judge.

This case presents the question of whether an employer can violate the handicap provision of the New Jersey Law Against Discrimination ("LAD") when, at the time it decided to fire the employee, it indisputably lacked knowledge of the employee's handicap. After canvassing New Jersey law and cases interpreting federal antidiscrimination statutes, the Court holds that the employer's knowledge of the employee's handicap is an...

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