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  Director's Findings 2009  
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  Cause findings are issued by the Director at the conclusion of an investigation. There are three types of findings.    
  A Finding of Probable Cause is issued when an investigation reasonably concludes that probable cause exists to credit the allegations of the Verified Complaint.  
  A Finding of No Probable Cause is issued when an investigation reasonably concludes that no probable cause exists to credit the allegations of the Verified Complaint.  
  An Agency Determination is issued when an investigation reasonably concludes that probable cause exists to credit some allegations of the Verified Complaint and no probable cause exists with respect to other allegations of the Verified Complaint. Agency Determinations are considered findings of probable cause with respect to the credited allegations.  
     
     
 
2009 Compendia (not yet available)
 
  Case summaries are provided for descriptive purposes only and are not part of the Director's decision.  
     
 

11/2/2009

Richard Daugherty & Director, DCR v Vanco USA, LLC

DCR Docket No. EC04HB52974

Complainant alleged that Respondent discharged him because of his disability. Specifically, Complaint alleged that in July 2006 he notified Respondent that he would need surgery, and would be out of work for two days. Complainant was out of work September 7 and 8, 2006 and Respondent discharged him on September 19, 2006.

10/26/2009

Joyce Baker & Director, DCR v Woman to Woman

DCR Docket No. EU 13 HB53590

Complainant alleged that she was discriminated against based upon her disability. To support her claim, Complainant alleged that she was denied a reasonable accommodation, docked one day’s pay and discharged from employment.

9/25/2009

Carl Carpenter & Director, DCR v CBM and Vincent Milo, Supervisor, Individually

DCR Docket No. EC24WB60143

Complainant alleges that Respondents subjected him to a racially hostile work environment and discharged him from his position as a carpenter because of his race (Black) and reprisal. To support his claim, Complainant alleged that Respondent Vincent Milo who was a supervisor, kept referring to him at work as ‘shop boy’ and calling him ‘nigger.’ Complainant alleged that on July 18, 2008, he complained about this to Respondent CBM/s General Manager, Vincent Gianfrancesco. Complainant alleged that he was discharged on August 14, 2008, and that Respondent told him he was being discharged for doing a job incorrectly. Complainant denied that he did a job incorrectly and alleged that he was discharged in retaliation for complaining about racial harassment.

9/21/2009

Minnie Davis, & Director, DCR v Galilee Baptist Church & Reverend John H. Harris, Jr.

DCR Docket No. EL11WB-53908

Complainant, who was employed as a secretary at Respondent Galilee Baptist Church
(GBC), alleged that she was repeatedly subjected to sexual harassment by Respondent John H. Harris, Jr., Pastor, and that Respondent Harris subjected her to reprisal for rejecting his sexual advances. Complainant alleged that on March 28, 2008, she addressed a memo to Respondent GBC’s Board reporting that she was repeatedly being sexually harassed by Respondent Harris. Complainant alleged that after submitting the memo, she was stripped of many of her duties, and was required to work every Saturday. On June 3, 2008, after the filing of the complaint in this matter, Respondent terminated Complainant’s employment.

7/23/2009

Paul Nathan & Director, DCR v Bank of New York, Charles Ferrari & Walter Gorski, Individually

DCR Docket No. EJ09WB52897

Complainant alleged that he was differentially treated and subjected to hostile environment harassment because of his sexual orientation and race, and he was subsequently retaliated against for objecting to acts forbidden by the New Jersey aw Against Discrimination. Complainant alleged that since 2004, and continuing until August 2006, he was differentially treated as a machine operator by his supervisor, Walter Gorski. Specifically, it was alleged that Mr. Gorski would not provide Complainant help in running his machine which required heavy lifting. However, non-Black employees received assistance.

7/20/2009

Arsine Zuccari & Director, DCR v Mays Landing Village Condominium Association

DCR Docket No. HA12HW60428

Complainant alleged that she was being discriminated against based on her disability. Specifically, Complainant alleged Respondent issued violations against her for having a service dog, a 35-40 lb. Australian Shepherd which Respondent claimed was a pet. Complainant alleged that Respondent has a one pet only rule and those pets have to be 20 lbs. or less. Complainant alleged Respondent issued a violation to her after she obtained a second smaller dog for a pet. Complainant alleged Respondent falsely issued a violation, because her service animal is not a pet.

7/10/2009

Clifford B. Aaron & Director, DCR v 88 Café and Johnny Wong, Individually

DCR Docket No. PG10WB60508

Complainant alleges that he was discriminated against based on his disability when he was denied seating in the main dining room because he was accompanied by his guide dog, Alto. Complainant asserts he provided Respondent with identification to confirm he is a person with a disability. Complainant also asserts he presented identification to show that his guide dog, Alto, was trained and certified by an approved facility and authorized to accompany Complainant. Finally, Complainant alleges that as a result of Respondent’s refusal to grant access to seating available to any patron, Complainant summoned the police.

6/11/2009

Jon Stokes & Director, DCR v Plumbers & Pipefitters Local Union No. 9

DCR Docket No. EN12RU60182

Complainant alleged that Respondent removed him from his shop steward position because of his race. To support his claim, Complainant alleged that Respondent’s business agent told him he was being removed because union workers at the job complained about him, but he performed his shop steward duties in a manner that met Respondent’s legitimate expectations. Complainant alleged that he was removed because of his race and replaced by Angelo Rotondo, a Caucasian employee.

6/11/2009

Gurlene Exavier & Director, DCR v Sterling Jewelers d/b/a Kay Jewelers & Mercell Berry, Store Manager, Individually

DCR Docket No. EC06WB60442

Complainant alleged that Respondent Mercell Berry, Store Manager, sexually harassed her. Complainant alleged that incidents of sexual harassment included, but were not limited to, Respondent Berry asking her out on dates, rubbing up against her, and making remarks such as ‘you’re so sexy’ and ‘can I kiss you?’ Complainant alleged that on August 17, 2008 Respondent Berry discharged her because she rejected his sexual advances.

6/2/2009

Joyce Riedel& Director, DCR v OKT-AT LLC d/b/a The Jersey Diner

DCR Docket No. ED05HB54092

Complainant alleged that she was discriminated against based upon a perceived disability when Respondent’s owner, Aytekin Pul discharged her for not providing medical certification.

4/15/2009

Toni Caraballo & Director, DCR v Glendora Family Practice

DCR Docket No. ED15HB-53390

Complainant alleged that she was discriminated against based on her disability when she was denied reasonable accommodation and subsequently discharged from her medical assistant position. Complainant alleged that due to her disability, and its after effects, she took medical leave from June 8, 2007 to June 25, 2007. Complainant further alleged that on July 13, 2007 she presented Respondent with a doctor’s note, requesting a reasonable accommodation of light duty, and/or a reduced work schedule, for six weeks. Complainant alleged that Respondent discharged her on July 14, 2007, asserting that she could not be accommodated. Moreover, Complainant alleged that Respondent could have reasonable accommodated her without incurring any undue hardship.

 
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