COREY DICKSON VS. COMMUNITY BUS LINES, INC., ET AL. (L-0633-16, PASSAIC COUNTY AND STATEWIDE) (A-3857-17T3)
In this case, the court holds that a perceived disability claim based on obesity under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49, must be grounded upon direct or circumstantial evidence that defendants perceived the plaintiff to be disabled due to a medical condition that caused him or her to be overweight. Such proof is absent from this record and, accordingly, the court determined that summary judgment was correctly granted.