Daniel Jansen, Plaintiff-Appellant v. Food Circus Supermarkets, Inc., Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded, holding that an employer in a handicap discrimination case must prove with a reasonable degree of certainty that the employee’s disability presents a materially enhanced risk of substantial harm and that the disability reasonably precludes performance of the job; the lower courts erred by accepting the employer’s unsubstantiated safety justification.