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TRENTON
– The Division on Civil Rights announced
today it has issued a Finding of Probable
Cause against an Essex County manufacturing
firm in connection with the discharge of
an employee shortly after her hand was severely
injured in an industrial accident on company
premises.
Named
as Respondent in the Finding of Probable
Cause is the Royal Aluminum Company, Inc.,
which manufactures insulated glass units
at a factory in Newark.
In
a complaint filed by former employee Nereira
Berrospi Juares and joined by Division on
Civil Rights Director Chinh Q. Le, Royal
Aluminum is charged with terminating Juares
shortly after her left hand was crushed
in a machine and she was restricted by a
physician to light duty.
According
to the Finding of Probable Cause, Juares
was injured on October 30, 2009 –
her third day on the job -- when her work
glove became caught in a machine. She was
treated for a crush injury and directed
by the physician to avoid work until November
2, when she would be re-evaluated. On that
date, she was told the severe swelling and
bruising of her left hand necessitated further
rest. On November 4, Juares was cleared
to return to work on a “light duty”
basis and provided Royal Aluminum a physician’s
note documenting that restriction. Two days
later she was terminated.
“The
Law Against Discrimination was designed
precisely to address the kind of conduct
alleged here – a complete disregard
of the civil rights of someone injured on
the job,” said Division Director Le.
“We simply cannot tolerate employers
who exploit our most vulnerable workers
– people who are just trying to earn
an honest living.”
According
to the Finding of Probable Cause, Royal
Aluminum Vice-President Jeff Papa told State
Investigators Juares was slated for discharge
before her accident because of poor job
performance. However, Papa acknowledged
that Juares had only worked at Royal Aluminum
for two full days at that point, and that
no one at the company had raised a concern
with her about her performance. Royal Aluminum
was also unable to provide any documentation
to support its claim.
Papa
also maintained that Royal Aluminum was
not in violation of the LAD because Juares
did not belong to a protected class at the
time of her discharge. Specifically, Papa
contended that Juares could not be classified
as “disabled” because of her
hand injury.
However,
according to the Finding of Probable Cause,
the term “disability” is broadly
construed within the meaning of the LAD,
and is not limited to “severe”
or “immutable” disabilities.
The LAD definition of disability includes
a “physical disability, infirmity,
malformation or disfigurement which is caused
by bodily injury.”
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 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 a Finding of
Probable Cause, the Royal Aluminum case
will be referred for a process known as
Conciliation. If Conciliation is not successful,
the matter will be referred for a non-jury
trial before an Administrative Law Judge.
Once the trial is completed, the presiding
Administrative Law Judge will issue a written
Initial Decision.
Director
Le thanked Division on Civil Rights Investigator
Elbia Concepcion, Newark Office Manager
Lorraine LeSter and Legal Specialist Benn
Meistrich for their work on the Royal Aluminum
case.
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