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TRENTON – The Division
on Civil Rights announced today it has issued
a Finding of Probable Cause against a Burlington
County construction company and one of its
supervisors for subjecting an African-American
carpenter to racial harassment, then firing
him after he reported it to company management.
Named as Respondents in the
Finding of Probable Cause are CBM Construction
Services of Mount Laurel, and former company
supervisor Vincent Milio. They are charged
in a complaint filed by former CBM employee
Carl Carpenter and Division on Civil Rights
Director Chinh Q. Le with subjecting Carpenter
to a racially hostile work environment, and
with firing him in retaliation for his reporting
of the treatment.
“There is no room for
racism in the workplace. Period,” said
Director Le. “Instead, we expect all
employees to demonstrate respect for the rights
and dignity of their co-workers. We also expect
employers to take allegations of discrimination
on the job seriously, and not retaliate against
those who report racial harassment.”
Carpenter, of Philadelphia,
began working for CBM Construction in December
2007. He was dismissed from his job as a carpenter
on August 14, 2008. Carpenter told Division
on Civil Rights investigators that, during
his employment with CBM, he was referred to
on several occasions with a specific racial
slur by his supervisor, Milio, and was also
called “shop boy” by Milio.
On one occasion, Carpenter
reported, Milio also made a joke about Carpenter
being unable to wipe the color off his face.
A former CBM foreman who is white told investigators
he witnessed that incident, and also heard
Milio speak to Carpenter in a racially derogatory
manner on one other occasion.
An African-American foreman
also supported Carpenter, telling investigators
that Milio frequently used racial slurs on
the job.
According to the Finding of
Probable Cause, Carpenter approached CBM officials
in July 2008 and complained about Milio’s
alleged conduct. The company’s general
manager then convened a meeting attended by
Carpenter, Milio and several management employees.
During that meeting, Carpenter
told investigators, the general manager asked
both Carpenter and Milio if they could resolve
their differences and, at one point, remarked
that Milio would remain with CBM until he
decided to retire. According to Carpenter,
the discussion culminated with an apology
and handshake from Milio, but approximately
a month later Carpenter was fired.
In their response to the Carpenter/DCR
complaint, officials at CBM Construction acknowledged
that Carpenter approached them about alleged
racial harassment by Milio. However, they
claim Carpenter later agreed that Milio did
not make any racially offensive remarks.
Milio, in a separate response
to the complaint, denied using racial slurs
and suggested Carpenter may have misinterpreted
a remark he once made in which he referred
to both himself and Carpenter as “just
shop boys.”
Both CBM and Milio also denied
that Carpenter was discharged in retaliation
for complaining about racial harassment. However,
in their separate responses to the complaint,
CBM and Milio gave conflicting reasons for
Carpenter’s discharge. CBM claimed that
Carpenter was discharged for attendance issues,
while Milio asserted that Carpenter was let
go for a completely different reason –
because he did a poor job grouting walls on
a construction job in Paramus. According to
the Finding of Probable Cause, a Division
review of CBM’s attendance and personnel
records, as well as witness interviews, provided
evidence to dispute both explanations for
Carpenter’s dismissal.
A Finding of Probable Cause
does not resolve a civil rights complaint.
Rather, it means the state has concluded its
preliminary investigation and determined there
is sufficient evidence to support a reasonable
suspicion the New Jersey Law Against Discrimination
(LAD) has been violated.
Investigation of the Carpenter
matter was conducted by Division on Civil
Rights Investigator Anthony Reeves and supervised
by Lorraine LeSter, manager of the Division’s
Trenton office. Division on Civil Rights Staff
Attorney Estelle Bronstein provided assistance
in preparing the Finding of Probable Cause.
The Law Against Discrimination
(LAD) provides that each Respondent found
to have committed a violation is subject to
a penalty of up to $10,000, provided he or
she has not been convicted of a previous violation
within the past five years. The LAD also provides
for other remedies, including compensatory
damages and injunctive relief, such as changes
in the employer's policies and management/staff
training.
Now that the Division has
issued a Finding of Probable Cause, the case
will be referred for a process known as Conciliation.
If Conciliation is not successful, the matter
will be referred to an Administrative Law
Judge for a hearing on the merits, which is
a non-jury trial. The Administrative Law Judge
will then issue a written Initial Decision.
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