A New Jersey appeals court has upheld the dismissal of a Gulf War veteran’s lawsuit claiming a psychological exam required of aspiring firefighters represents disability discrimination.

Frank Rivera was turned down for employment as a firefighter in Cranford based on a psychologist’s conclusion that he should not be hired. Rivera filed a suit claiming he suffered discrimination based on actual or perceived disability and based on military service. His complaint asserted that the New Jersey Law Against Discrimination prohibits employers from requiring job applicants to take medical examinations that are not job-related and that he was unlawfully subject to such an examination.

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