On June 30, 1998, plaintiff was placed fifteenth out of forty-four on the ranking list. However, an individual who fails a medical or psychological examination may be placed on the next list, when compiled, and be retested at that time. The Edison Municipal Code mandated that a candidate not be eligible for hire if he or she fails any one of the required tests. The composite scores were used to rank individuals to determine the order of appointment to paid firefighter positions. Volunteers interested in becoming paid firefighters were required to pass a written test, a physical performance test, an initial and final oral examination, and an essay test. Plaintiff had served as a volunteer firefighter with the EFD since 1995. Plaintiff sued the Township of Edison, the Edison Fire Department (EFD), and the Fire Chief, alleging that defendants discriminated against him based upon familial status in violation of the LAD when they failed to hire him as a paid firefighter. The court also holds that nepotism in employment does not violate New Jersey public policy, and thus an employee terminated because of nepotism may not pursue a claim of wrongful discharge in violation of public policy. The court ruled that discrimination based on “familial status” is proscribed by the LAD only with regard to the fair housing and sale of property provisions of the statute. 19, 2004), holds that nepotism in employment is not prohibited by the Law Against Discrimination, N.J.S.A. In a case of first impression in New Jersey, the Appellate Division, in Bumbaca v.
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