Immanuel Simmons, of Harrison, says he informed managers he could not lift more than 50 pounds due to spinal fusion surgery, according to the suit.
A 66-year-old New Jersey man with a back injury has filed a lawsuit against ShopRite of Kearny, claiming managers fired him because the store needed someone “more durable.”
A spokeswoman for ShopRite declined to comment on the lawsuit or make a statement, citing pending litigation. “Despite this, plaintiff continued to perform his duties. However, due to the pain, the plaintiff moved at a slightly slower pace than his other co-workers,” the suit says. The store manager allegedly said, “this was not normally done,” but referred Simmons to an upper-level manager. After again showing his X-rays, the upper-level manager allegedly said to Simmons, “We’re not too far off in age,” according to the suit.
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