TRENTON
– Attorney General Peter C. Harvey
and Division on Civil Rights Director
J. Frank Vespa-Papaleo announced today
that the State has issued a Finding of
Probable Cause in the case of a woman
who accused her former employer of creating
a hostile work environment by displaying
explicit photos of nude women in areas
where she was required to work.
According to Harvey, complainant Susan
Clayton, of Dover, Morris County, filed
a sexual discrimination complaint against
her former employer, Instant Printing,
Inc. and her manager, Peter Medore, earlier
this year. The Attorney General explained
that a Finding of Probable Cause means
the Division on Civil Rights has concluded
its investigation, and has determined
there is probable cause to substantiate
the claims of sexual harassment.
"The
conduct alleged in this complaint is demeaning,
and a direct affront to working women.
Moreover, it constitutes a violation of
the New Jersey Law Against Discrimination
(LAD), " said Harvey. "Employers
must understand that people do not forfeit
their right to be treated with dignity
and respect once they report for work.
Under the LAD, employers cannot subject
workers to discriminatory or harassing
comments of any kind."
Director Vespa-Papaleo said Clayton, who
was employed as a graphic artist/designer
at Instant Printing, alleges that her
supervisor, Medore, repeatedly left photos
of nude women downloaded from the Internet
on her desk, and posted other photos of
nude and partially-clad women on the wall
near a copy machine at the Instant Printing
facility where she worked in Hardyston,
Sussex County.
Clayton told investigators she repeatedly
objected to the photos, which included
images of scantily-dressed lingerie models,
several photos of nude women in suggestive
poses, and one photo of a nude woman sitting
at a computer typing with the caption
"Casual Friday."
Clayton alleges that, despite her repeated
complaints to upper management, she was
subjected to display of the photos on
a routine basis from October 2000 until
she left her job in May 2002.
An employee at Instant Printing since
October 1999, Clayton contends in her
complaint that she was ultimately forced
to leave the job because Instant Printing's
management ignored her pleas for action,
and she could no longer tolerate the situation.
"Our
investigation produced credible evidence
that Ms. Clayton was sexually harassed,
and that management took what was essentially
a ‘boys will be boys' view of the
matter," said Director Vespa-Papaleo.
" There is also sufficient evidence
to support Ms. Clayton's claim that her
employer created a work environment so
intolerable that she had no recourse but
to leave. This kind of conduct cannot,
and will not, be tolerated. No woman –
in fact no employee – in New Jersey
should have to confront this type of conduct
at their workplace."
According to Vespa-Papaleo, the case will
now move into a phase known as conciliation,
a form of alternative dispute resolution
(ADR) in which the parties make a final
attempt to resolve the case.
If it is not resolved at conciliation,
the matter will be referred to the New
Jersey Office of Administrative Law, where
an Administrative Law Judge will hold
a formal hearing, or non-jury trial, on
the merits of the case. The Administrative
Law Judge's Initial Decision will either
be rejected, affirmed, or modified by
the Division Director. The agency's Final
Decision may be appealed to the Appellate
Division of the New Jersey Superior Court.
If found in violation of the LAD, the
respondents are subject to a potential
fine, payable to the State, of up to $10,000,
for a first offense. They could also be
directed to pay damages to the victim
for "pain and humiliation" and
compensatory damages, as well as reimbursement
of legal fees and costs.
The Division on Civil Rights is responsible
for enforcement of the New Jersey Law
Against Discrimination and the Family
Leave Act. Specifically, the Division
investigates allegations of discrimination
in employment, housing, places of public
accommodation and credit.
The Division has six offices located Newark,
Trenton, Atlantic City, Camden, Jersey
City and Paterson, and recently established
its first-ever Disabilities and Public
Accommodations Unit. Further information
about the Division is available on its
Web site: www.NJCivilRights.org.
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