Filed Date: March 26, 2009
Closed Date: 2012
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This case involving minorities and women employed at the New Jersey Transit was filed on March 26, 2009, in the Superior Court of New Jersey, Essex County. The plaintiffs, represented by private counsel, sought monetary and injunctive relief, claiming that defendants engaged in a continuing pattern and practice of harassment, disparate treatment, discrimination and retaliation against minority employees (male and female), thereby violating state antidiscrimination law.
The complaint alleged that defendants engaged in discriminatory and retaliatory conduct toward minority employees, such as using racial slurs towards minority employees, thereby creating an hostile work environment; that defendants engaged in unfair and harsher discipline towards minority and female employees, that defendants retaliated against employees who complain or resist the discriminatory practices, that individuals who cooperated with the defendants were treated more favorably, that defendants failed to have or enforce an anti-harassment and anti-retaliation policy, and that defendants failed to supervise employees to ensure compliance with policies.
The requested relief included compensatory damages, punitive damages, and injunctive relief in the form of promotions as well as the removal of individual defendants from the office, as well as attorneys fees and costs.
Plaintiffs and defendants negotiated a settlement agreement in late September, 2009, awarding plaintiffs $5,800,000 (but no additional costs or attorneys' fees). Defendants also agreed to reinstate one plaintiff back to his former position as a detective in the New Jersey Transit Police Department, to train employees on equal employment opportunity practices, to pay mediation expenses, and to appoint for two years an ombudsman -- a New Jersey Transit employee chosen by New Jersey Transit and is not under the control of its police department, to ensure complaints of discrimination and retaliation are investigated fairly.
Summary Authors
Alice Liu (10/4/2012)
Smith, Nancy Erika (New Jersey)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New Jersey
Case Type(s):
Key Dates
Filing Date: March 26, 2009
Closing Date: 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs, men and women of African-American or Hispanic descent, are all current and former employees of New Jersey Transit Police department.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: $5,800,000
Order Duration: 2010 - 2012
Content of Injunction:
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
National origin discrimination
Race:
Affected Sex or Gender:
National Origin/Ethnicity: