Epstein Becker Green attorneys recently helped a major retail client achieve a victory in a disability discrimination lawsuit brought in New Jersey by one of the client’s former employees.

The case began in March 2018, when the plaintiff filed a pro se complaint in a New Jersey Superior Court. The plaintiff claimed that, upon returning from lower back surgery in December 2011, he was disabled and needed work restrictions, such as “no lifting, no pushing or carrying heavy stuff.” He also claimed that our client ignored these restrictions and assigned him to perform work that required lifting five-gallon cans of paint and heavy machinery. In addition, the plaintiff claimed that, because of our client’s conduct, he underwent surgery and other invasive procedures and will allegedly endure a lifetime of chronic pain and medication.

Epstein Becker Green, on behalf of our client, filed a Rule 12(b)(6) motion to dismiss the plaintiff’s complaint for failure to state a claim upon which relief may be granted or, in the alternative, for a more definite statement.

In April 2019, the court granted our client’s motion to dismiss the plaintiff’s complaint without prejudice. The court pointed out that that the complaint did not contain enough factual allegations about the underlying incidents for the court to find that the plaintiff stated a plausible claim for relief. But because the plaintiff was representing himself, the court gave him time to file an amended complaint. However, the plaintiff did not file an amended complaint by the court’s May deadline, so the court closed the case.

Results may vary depending on your particular facts and legal circumstances.


Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.