NJ Court Denies Employer’s Request for IME of Plaintiffs Alleging Race Discrimination

Stating that “[e]motional distress is a recognized byproduct of discrimination,” the New Jersey Law Division recently held in the unpublished decision of McGhee v. Pathmark Stores, Inc. et al. that the three plaintiffs did not put their mental state in issue when they pled severe and continuing pain and suffering over a three-and-a-half year period as a result of race-based employment discrimination under the New Jersey Law Against Discrimination (LAD), and rejected the defendant employers’ application to conduct an independent medical examinations (IMEs) of the plaintiffs.