Teens fight for rights on the job
State sees rise in suits alleging harassment
BY KATE COSCARELLI, Star-Ledger from the Web, January 13, 2005
Newark, NJ Jan.12 -- High school student Antonella Lena took a job as a clerk at Kmart in Hazlet as part of a work-study program at school a few years ago.
The Keyport teenager quickly learned about a dark side of the workplace. Her boss grabbed her breasts, rubbed his private parts against her, and once pulled ribbons from her hair, saying he liked it when she wore her hair down, she claimed.
After a few months, Lena said, she was fed up. Afraid she wouldn't be able to fulfill her graduation requirements, she made a very grown-up decision:
She hired a lawyer, filed suit charging sexual harassment and sought back pay plus punitive damages in federal court.
"I believe I was discriminated against because of my sex," she said in court papers filed in federal court.
Roughly 138,000 teenagers work in New Jersey, and nearly 5 million have jobs around the country, labor statistics show.
For most, a first job means a taste of freedom. But for some, it also means facing discrimination and harassment.
To a generation for whom sexual harassment was a topic covered in grade school and who grew up watching TV shows like "Judge Judy," seeking redress is no longer a matter of asking mom or dad to intervene.
A small but growing number are now turning to the legal system, according to employment lawyers and civil rights experts.
"It's been a steady increase," said Jacqueline McNair, an attorney for the U.S. Equal Employment Opportunity Commission.
"This is not something that is new," she said of harassment against teens.
"It is just that the teenagers just never spoke out about it."
In 2001, the EEOC handled seven lawsuits involving teenagers alleging workplace harassment.
In each of the last two years, the agency handled nearly 30 suits, and there are 37 cases pending, said David Grinberg, a spokesman.
At least three of those ongoing cases involve New Jersey teens, said McNair.
Lawyers in New Jersey say they are also seeing more teenage clients. And the state Division on Civil Rights is gearing up to go into schools to educate students about their rights at work.
"It's a problem that deserves some very serious attention," said Frank Vespa-Papaleo, director of the state agency.
"We are just starting to realize at agencies and institutions that kids ... have rights that are largely ignored."
The cases almost always involve young women who are targeted by older men, experts say.
Last year, a Burger King franchise in the St. Louis suburb of Peerless Park, Mo., paid $400,000 to settle an EEOC suit over the alleged sexual harassment of seven teenage girls.
And the federal agency recently sued Heather's Hospitalities in Nyack, charging that several young women were tormented by an older male chef to the point that they quit their jobs.
The case is pending in the U.S. District Court for the Southern District of New York.
A handful of cases have involved teenage boys. In 2000, a boy from Paterson, just out of high school, got a job at Babies R Us in Paterson.
For months, other workers mocked him, saying he was effeminate and whistling at him.
One night, another employee tackled him and stripped him of his pants, said McNair, who handled the case.
"All of this was supposed to be a joke. For him, it wasn't a joke," she said.
The EEOC filed suit on his behalf. And in 2003, the company paid a $205,000 settlement and agreed to institute training.
For many victims, the damage inflicted is significant. Court papers often tell of victims who say they were humiliated and sought psychological counseling.
"It is more difficult to shake off the feeling you were treated inappropriately at a sensitive time in ... life," said Frank Vernoia, a Livingston lawyer who recently settled two cases involving young women working in restaurants who were harassed by older men.
Despite the fact that more teenagers are turning to the courts, there are many hurdles that prevent or discourage suits.
For one, private attorneys are sometimes not interested in pursuing them because the part-time workers make so little money that damages can be small, said Kevin Kiernan, an employment lawyer in Montclair.
Plus, young people generally don't have to support themselves, so they have the flexibility to quit when bad conduct starts.
The problem is also complicated because few teenagers know their rights, said Nancy Martin, a Red Bank lawyer.
And even if they do, many are too embarrassed or afraid to say anything.
"The newer you are to the work environment, the less you know about your rights," said Vespa-Papaleo.
"It's hard for adults to come forward most times ... and for students and children, it's even harder."
The first time Lena visited Scott Arnette's Red Bank law office, she brought a friend to lend moral support.
And it took a number of visits before she was willing to talk about what happened.
"Initially she was scared bordering on terrified," said Arnette. "We had several conversations to explain what the law could do for her and what she would have to go through."
The case settled privately in 2001 with Kmart admitting no wrongdoing, he said.
Lena is now in college studying fashion in New York City, according to her lawyer.
Now state and federal agencies are beginning to educate teenage workers about their rights.
Last fall, the EEOC kicked off a "Youth@Work" program that sends lawyers into schools, including Cherokee High School in Marlton, to talk about employment rights.
As part of the program, the National Restaurant Association pledged to promote training for young workers and hold forums on the issue.
In addition, the state civil rights agency is planning to go into schools and work with the business community to educate students about their rights, said Vespa-Papaleo.
"It is important for people to know you don't have to be 18 to be protected," he said.
Kate Coscarelli covers the business of law. She may be reached at
kcoscarelli@starledger.com or (973) 392-4147.
(Posted 1-12-05)
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