Although the Law Against Discrimination (LAD) is generally liberally construed in favor of the employee, employers still have the right to fire someone who can’t do the job. Fowler v. AT&T, 19 F. 4th. 292 (3rd Cir. 2021).

After plaintiff was employed from 1986 until 2016 in AT&T’s Technology Planning and Engineering unit, defendant announced a reduction in force in an effort “to eliminate positions no longer needed.” As a result of this company-wide downsizing, over 200 positions were eliminated, including approximately one-third of plaintiff’s unit. 

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