6/23/08

J.P. v. Cliffside Park Board of Education

Supplemental order

OAL DOCKET NO. CRT
DCR DOCKET NO.

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6/17/08

Jalieth Guy v. Southern New Jersey Technical School

OAL DOCKET NO. CRT 10486-07
DCR DOCKET NO. PH11HH-029109

Case Summary: Complainant filed a verified complaint with the Division alleging that Respondent refused to accommodate her disability in violation of the LAD. Specifically, Complainant had dyslexia and attention deficit disorder. She alleged that Respondent’s denial of a reasonable accommodation prevented her from attending classes in its licensed practical nursing program, and she was forced to withdraw from the school. Respondent maintained that it accommodated Complainant by providing her extra time to take tests. Respondent filed an answer denying any violation of the LAD. After issuance of a finding of probable cause and amending the verified complaint to include the Director as a complainant, the matter was transferred to the Office of Administrative Law as a contested matter.

Neither Respondent nor a representative appeared at a scheduled pre-hearing conference and two scheduled hearings. Respondent received appropriate notice in all instances, but refused to provide any explanation to the ALJ for its failure to appear. The Deputy Attorney General served a notice of motion to strike defenses together with supporting documents on Respondent. On March 17, 2008, the ALJ also served Respondent the DAG’s motion to strike and advised Respondent that it would be considered unopposed if there were no reply. Respondent failed to file any opposition to the motion, and on April 7, 2008, the ALJ ordered that Respondent’s defenses stricken and suppressed. The ALJ concluded that Respondent unlawfully discriminated against Complainant based upon her disabilities, in violation of the LAD. Specifically, Respondent failed to engage fully in the interactive process. In addition, the ALJ determined that Respondent did not satisfy its burden of demonstrating that allowing Complainant to tape classes would have caused it an undue burden. The ALJ awarded Complainant a refund of her tuition in the amount of $2,460.20 plus interest. Additionally, the ALJ awarded Complainant damages for emotional distress in the amount of $5,000.00.

The Director found that the ALJ properly entered an initial decision on the merits based on Complainant’s ex parte proofs because Respondent failed to appear at several scheduled proceedings, or provide any explanation for its non-appearance, despite being given appropriate notice. N.J.A.C. 1:1-14.6 (j), N.J.A.C. 1:1-14.4 (d). The Director noted that Respondent filed no exceptions to the ALJ’s initial decision, and made no other objections to the ALJ’s rulings.

The Director also awarded Complainant $2,646.59 as a refund of her tuition plus interest. In addition, the Director found the ALJ’s award of $5,000.00 for emotional distress insufficient and increased the amount to $15, 000.00. The Director agreed that the maximum penalty of $10,000.00 for a first violation of the LAD was appropriate and he therefore assessed that amount as a penalty. Finally, the Director found that the request for attorneys’ fees in the amount of $8,627.50 was proper.

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2/6/08

Moebis v. Hartford Life Private Placement and Pat Fox

OAL Dkt. No. CRT 6322-06
(ON REMAND CRT 6850-03)
DCR Dkt. No. EP11WB-47626-E

Case Summary: Complainant filed a verified complaint with the Division on Civil Rights alleging that his employer discriminated against him based on his age and his German ancestry, and that the employer refused to provide reasonable accommodations for his carpal tunnel syndrome. After an administrative hearing, Administrative Law Judge Solomon Metzger (ALJ) dismissed the complaint, concluding that the employer had provided reasonable accommodations for Complainant’s disability, and that Complainant failed to demonstrate that he was differentially treated or harassed based on his age or ancestry.

After considering exceptions and replies submitted by the parties and evaluating the evidence in the record, the Director adopted the ALJ’s dismissal of the complaint. The Director concluded that the employer’s efforts to provide reasonable accommodations for Complainant’s carpal tunnel syndrome were sufficient to meet its obligations under the LAD. The Director also concluded that Complainant failed to present evidence that he was treated less favorably than younger co-workers, and that Complainant failed to demonstrate that he was harassed because of his age or his ancestry.

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