TRENTON
-- Attorney General Peter C. Harvey and
Division on Civil Rights Director J. Frank
Vespa-Papaleo announced today that New
Jersey has issued a Finding of Probable
Cause against an Ocean County laboratory
firm for allegedly denying employment
to an otherwise-qualified job applicant
because of his religion.
Named as a Respondent in the Finding of
Probable Cause document is the Lab Corporation
of America, located in Toms River. The
company is accused of denying employment
as a phlebotomist to Stuart Aron, a qualified
candidate who was otherwise regarded favorably
by management, because his Orthodox Jewish
faith would preclude him from working
on Saturdays.
A Finding of Probable Cause means the
State has finished its investigation,
and has determined there is sufficient
evidence to support a reasonable suspicion
that the actions of the Lab Corporation
of America violated the New Jersey Law
Against Discrimination (LAD).
“If
true, these are troubling allegations,”
said Attorney General Harvey. “It
is the responsibility of all employers
in New Jersey to provide reasonable accommodations
for employees who practice a particular
religion—whether Judaism, Christianity,
Buddhism, or Islam. Hiring someone else
in lieu of providing a reasonable accommodation
is not only unacceptable, it is against
the law.”
According to the Complaint and Finding
of Probable Cause documents, Aron, who
resides in Lakewood, responded to a job
listing for a phlebotomist with the Lab
Corporation of America and was interviewed
for the position on May 15, 2002. The
job listing did not make specific mention
of Saturday hours.
According to internal company documents
reviewed by State investigators, Aron
was clearly regarded favorably by management
in the wake of his interview, said Division
on Civil Rights Director Vespa-Papaleo.
However, Aron noted on his application
that, because of his religious beliefs,
he would be unavailable to work on Saturdays.
Six weeks later, Aron was advised he would
not be hired.
The Finding of Probable Cause revealed
that the person ultimately hired by Lab
Corporation of America, although apparently
well qualified, was interviewed long after
Aron was interviewed. Considering that
Aron met or surpassed the criteria for
the posted job, and that he did well in
the interview, the company’s actions
are suspected of being discriminatory,
Vespa-Papaleo explained in his Finding.
“Our
investigation revealed that Mr. Aron was
a qualified job candidate who applied
for a position that was advertised, was
interviewed and was rated favorably by
company managers, but was rejected after
acknowledging that his religious beliefs
would, on a limited basis, require an
accommodation,” said Vespa-Papaleo.
“At
this time of upcoming religious holidays,
employers are reminded to be especially
mindful of their legal responsibilities
to people of faith,” Vespa-Papaleo
added. “Employers can receive guidance
on religious accommodations by contacting
the Division or reading our free Fact
Sheet on Religious Discrimination. The
Fact Sheet is available in English, Spanish,
Arabic and Punjabi, and is available in
the “Publications” section
of our Web site at www.NJCivilRights.org
.
Now that the Division has issued a Finding
of Probable Cause, the case will be referred
for 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 ALJ will then issue a written Initial
Decision.
The New Jersey 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. Respondents who have violated the
LAD within the past five years are subject
to a penalty of up to $25,000, while those
who have been convicted of two or more
violations within the past seven years
are subject to a penalty of up to $50,000.
The Division on Civil Rights is responsible
for enforcement of the LAD 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 in Newark, Trenton,
Atlantic City, Camden, Jersey City and
Paterson. Further information about the
Division is available on its Web
site or to file a Complaint persons
may call the Division toll-free at 1-866-405-3050.
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