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TRENTON
– Attorney General Paula T. Dow and
Division on Civil Rights Director Chinh
Q. Le announced today that the Division
has issued a Finding of Probable Cause against
the owner of an electrical contracting firm
accused of subjecting a minority employee
to slurs and creating a hostile work environment
that led to her resignation.
Named as Respondents in
the Finding of Probable Cause are Dane Construction
of New Brunswick, Middlesex County, and
company owner Pat Buckley. They are accused
of subjecting former Dane Construction employee
Shi-Juan Lin to racial slurs on multiple
occasions, and of constructive discharge
for causing Lin to quit her job rather than
continue to suffer an alleged hostile work
environment.
Lin, of Carteret, Middlesex
County, was hired as a bookkeeper and secretary
by Dane Construction in February 2008. Her
employer was aware of her Asian heritage
and, through office conversation, also knew
that Lin’s fiancé was African-American,
and that the couple had a five-year-old
son together.
Despite that awareness,
the Finding of Probable Cause notes, State
investigators found sufficient evidence
that Lin was subjected to unlawful workplace
discrimination in the form of slurs aimed
at African-Americans and, on at least one
occasion, a remark directed at her that
was both racially discriminatory and sexually
harassing. The Finding of Probable Cause
notes that Lin approached both Buckley and
his office manager with her objections to
the remarks, but to no avail.
“The
conduct charged in this case is troubling.
There simply is no room for it in any workplace,”
said Division Director Le. “Employers
have a duty to set an example by showing
respect for the rights and dignity of all
employees, and by making clear they will
tolerate nothing less from their workers.
Employers also have a duty to stop discriminatory
treatment when it is brought to their attention.”
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.
According to the Finding
of Probable Cause, Buckley has denied using
racial slurs frequently, but acknowledged
using a slur on at least one occasion within
earshot of Lin. Buckley told state investigators
he once argued over the phone with an individual
he believed to be of Jamaican ethnicity,
and afterward used a slur to refer to the
man while in his office. Buckley told investigators
he may have uttered the slur a second time
while continuing to “rant” about
the incident near Lin’s work station.
Although he described it as an isolated
incident, Buckley also admitted that he
may have used racial slurs in “personal
conversations” around the office.
Shi-Juan Lin worked at Dane
Construction until June 13, 2008, when she
resigned without another job in place. She
told investigators she could no longer stand
the hostile work environment, which was
not confined solely to racist remarks. She
described one occasion in which her employer
commented appreciatively on the way her
jeans looked with respect to a particular
part of her “oriental” anatomy.
Buckley denied making the remark, which
he attributed to an unidentified construction
employee who may not have understood the
comment was inappropriate. However, the
office manager at Dane Construction acknowledged
that Lin subsequently complained about the
remark, and that no action was taken in
response to her complaint.
Investigation of the Dane Construction matter
was conducted by Division on Civil Rights
Investigator Agnes Roncaglio and supervised
by Atley Tyler, manager of the Division’s
Newark 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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