07/08/2010

News / Division on Civil Rights Issues Finding of Probable Cause in Case Where Manufacturing Firm Discharged Worker Whose Hand Was Crushed

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.

http://www.nj.gov/oag/newsreleases10/pr20100707a.html

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