Morris County Auto Seller Agrees to Pay Ex-Employee
$60,000, Host Discrimination Training
News Release: AG Harvey, Civil Rights Division Announce Settlement in Workplace Discrimination Case; September 27, 2004
TRENTON – Attorney General Peter C. Harvey and Division on Civil Rights Director J. Frank Vespa-Papaleo announced today that New Jersey has entered into a settlement agreement that resolves allegations of workplace discrimination against a Morris County car dealership by requiring that the company pay a former employee $60,000, and have management staff undergo anti-discrimination training.
Under terms of the settlement agreement, Route 23 Honda, of Pompton Plains, has agreed to pay former Service Manager Andres Valencia $60,000 to compensate him for “humiliation, pain and suffering.”
In addition, the Division on Civil Rights will receive payment of $2,000 to cover administrative costs related to civilly prosecuting the case.
As part of the settlement, there is no admission of wrongdoing by either the dealership or its General Manager, Edward Whiteman III, who was named as an individual Respondent.
“This agreement is important because it provides an acknowledgment by the dealership of its obligation to treat all employees equally, with dignity, and respect,” said Attorney General Harvey.
“At the same time, the agreement calls for training that should ensure fairness by educating employees on New Jersey’s Law Against Discrimination (LAD).
Employers everywhere must recognize that, whether we are talking about opportunities for employment or conditions on the job, there is no room for discriminatory conduct in the workplace.”
Valencia, who is Columbian, filed a formal complaint with the Division on Civil Rights earlier this year.
In his complaint, Valencia alleged that he was a regular target for derogatory remarks about Hispanics made by Whiteman, his supervisor.
Valencia also accused the dealership of demoting him once he complained about Whiteman’s conduct, and of forcing him to resign through its failure to eliminate a hostile work environment.
The Division on Civil Rights subsequently investigated and, in June of this year, issued a Finding of Probable Cause.
In the Finding of Probable Cause document, Division Director J. Frank Vespa-Papaleo noted that Valencia’s accusations pertained to a period spanning from January 2001 to June 19, 2003, and focused on insulting and abusive remarks about Hispanics allegedly directed at Valencia by Whiteman.
Some of the alleged remarks included ‘dumb Columbian’ and ‘drug smuggler,’ “ said Vespa-Papaleo.
Valencia told Division investigators he originally sought help by reporting the alleged verbal harassment to other management personnel at Route 23 Honda.
Despite this, Vespa-Papaleo explained, the alleged comments by Whiteman continued, and Valencia was ultimately reassigned from his Service Manager position to the position of Internet Manager, which Valencia alleged was a demotion.
In the Finding of Probable Cause document, Vespa-Papaleo noted that Route 23 Honda denied subjecting Valencia to a hostile work environment, and contended that the reassignment of Valencia was a lateral move.
However, the Director also noted that State investigators interviewed a number of former Route 23 Honda employees, each of whom provided information corroborating the various allegations made by Valencia.
“Although it is important that Mr. Valencia is being compensated, an equally significant outcome of this agreement is the training that management staff at Route 23 Honda will undergo, and the heightened awareness and sensitivity that should result,” said Vespa-Papaleo.
“In addition to investigating and, where appropriate, civilly prosecuting discrimination, a key element of our mission at the Division on Civil Rights is prevention. Prevention starts with education.”
In addition to agreeing to pay its former employee compensation and have management staff undergo discrimination-related training, Route 23 Honda has agreed to not engage in any retaliatory conduct against Valencia.
Relative to the training aspect of the settlement, Director Vespa-Papaleo noted that training will be provided by the Division on Civil Rights, and will begin within
six-months.
The Division on Civil Rights in the Attorney General’s Office is responsible for enforcing 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.
Its offices are located in Atlantic City, Camden, Jersey City, Newark, Paterson, and Trenton.
Further information about the Division is available on its web site www.NJCivilrights.org
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