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TRENTON
– The Division on Civil Rights announced
today it has issued two Findings of Probable
Cause against a Hudson County fitness club,
its former executives and a former pool
supervisor in connection with complaints
filed by two ex-employees that they were
sexually harassed on the job, then discharged
for reporting it.
Named as Respondents in the two Findings
of Probable Cause are TFC Partners, Inc.,
doing business as Newport Swim and Fitness
of River Drive South, Jersey City, former
club executives Jim Delaunay of Chester,
N.Y., and Gina Bucci, of Clifton, Passaic
County, and former pool and lifeguards supervisor
Orlando Pizarro, of Jersey City.
Sisters
Fiona O’Neill and Evangeline O’Neill,
both of Jersey City, worked at Newport Swim
and Fitness as lifeguards from July 2006
through 2007. Both were terminated in February
2007 after approaching club management and
alleging that Pizarro was sexually harassing
them.
Both young women then filed discrimination
complaints with the Division on Civil Rights
charging sexual harassment and retaliatory
discharge. Division Director Chinh Q. Le
subsequently joined the complaints on behalf
of the State.
“The
conduct alleged in these two cases is disturbing
– particularly in light of the fact
these employees took their concerns to club
management seeking help but, instead, ended
up being suspended and, ultimately, terminated,”
said Attorney General Paula T. Dow.
“Regardless
of age,” said Division Director Le,
“every employee has a right to work
in an environment that is harassment-free,
and any worker who believes he or she is
being discriminated against has a right
to report it without fear of reprisal. We
are committed to protecting the individual
rights and dignity of all employees.”
Fiona and Evangeline O’Neill both
told State Investigators they were subject
to sexually harassing comments from their
boss, Pizarro, throughout the time they
were under his supervision. Evangeline O’Neill,
who was a minor at the time, also charged
that Pizzaro touched her inappropriately.
According to both sisters, the alleged comments
by Pizzaro included not only references
to their bodies, but to his own anatomy,
sexual preferences and proclivities, and
his purported sexual encounters with women
at the club.
Pizarro, who is no longer employed at Newport
Fitness, has denied the harassment accusations.
However, several witnesses -- including
two additional female ex-employees who also
have filed harassment and retaliatory discharge
complaints with the Division on Civil Rights
-- “substantially corroborated”
the O’Neill sisters’ allegations,
according to the two Findings of Probable
Cause. Action by the Division regarding
the other two women’s harassment complaints
is pending.
Neither
Respondent Gina Bucci nor Respondent Jim
Delaunay are accused of any direct, sexually
harassing conduct toward the O’Neill
sisters. However the two executives, both
of whom are no longer employed by TFC, are
accused of failing to adequately address
the workplace sexual harassment charges
raised by the O’Neills.
In
addition Delaunay, the club’s general
manager, and Bucci, its vice-president of
human resources, have both acknowledged
that the O’Neills and their two other
female co-workers were suspended without
pay after airing their sexual harassment
concerns, ostensibly to keep them from tainting
TFC’s own internal investigation of
the matter.
Bucci
has also acknowledged that she declined
to meet with Fiona O’Neill, Evangeline
O’Neill and the other two co-workers
in early February 2007 -- despite the young
women’s stated willingness to assist
with TFC’s internal investigation
-- because the four suspended employees
wanted to bring along a private attorney
they’d retained.
The meeting between Bucci and the alleged
victims never took place and, approximately
two weeks later, TFC discharged the O’Neill
sisters and the other two female employees,
ostensibly for refusal to cooperate with
its internal investigation.
At
around the same time, Pizarro was discharged
as well. However, TFC blamed his firing
on “failure to show good judgment
as a manager” and contended it had
no relation to the sexual harassment allegations
against him.
The
two Findings of Probable Cause announced today
indicate that, based on the Division’s
investigation, there is sufficient evidence
that Fiona and Evangeline O’Neill were
subjected not only to “severe and pervasive”
sexual harassment by Pizarro, but that the
two young women and their two co-workers were
ultimately discharged by TFC because they
complained about the hostile work environment
at Newport Swim Fitness.
According to the Findings, State Investigators
found “evidence of TFC’s negligence
in failing to have in place an effective
system for preventing harassment of its
employees. The investigation suggests Respondent
lacked sufficient monitoring mechanisms
to inform itself of Pizarro’s conduct,
much of which appears to have taken place
in an open and boastful manner.”
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.
The
LAD provides that each Respondent found
to have committed a violation is subject
to a penalty of up to $10,000. 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 Findings of
Probable Cause, the two O’Neill cases
will be referred for a process known as
Conciliation. If Conciliation is not successful,
the matters 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.
Division
on Civil Rights Deputy Executive Director
Gary LoCassio, Newark Office Manager Lorraine
LeSter and legal specialist Benn Mestrich
handled the TFC matter on behalf of the
State.
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