Nurse Can Proceed With Perceived Disability Claim
A nurse will be allowed to pursue her claim that she was fired by a hospital because of a belief that she was physically unable to perform her job, the New Jersey Supreme Court ruled on Tuesday.
July 12, 2017 at 02:03 PM
9 minute read
A nurse will be allowed to pursue her claim that she was fired by a hospital based on a belief that she was physically unable to perform her job, the New Jersey Supreme Court ruled on Tuesday.
In a unanimous decision, the court affirmed a majority ruling of a split Appellate Division panel that said existing issues of material fact should allow plaintiff Maryanne Grande a chance to show that she was fired from Saint Clare's Health System even though she was physically able to perform her job.
What is an “essential function” of a job is a fact issue, to be decided by a jury, the court said.
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