Teens win civil
rights suit
Youths say sub shop
employer subjected them to racial slurs
BY LINDA STEIN, The
Times (nj.com) from the Web, February 28, 2007
TRENTON, NJ -- Two black
teenagers who say they were subjected to racial slurs while working their first
job at a Subway sandwich shop have been awarded more than $62,000 each.
State Division on Civil Rights Director J. Frank Vespa-Papaleo found the
teenagers experienced a "racially hostile" work environment at the restaurant
and that their only choice was to quit their $6.50 an hour jobs.
In addition to the award, Vespa-Papaleo assessed the privately owned Subway
franchise on Quakerbridge Road in Lawrence and Dipen Patel, who was identified
as its manager in the complaint, an additional $10,000 penalty each, payable to
the state, and ordered them to pay $27,000 in attorney fees.
Robert Wilborn and Bayshawn Wells, both 17 and seniors at Lawrence High School,
said in their complaint that Patel called them the "n-word" almost daily.
"It was horrifying," Wilborn said in an interview yesterday. "It made me
really think about other jobs and how managers are going to be. It was
shocking at first."
Wells said, "It was crazy ... shocking. I wasn't expecting anyone in that
kind of authority to say anything like that to us."
Patel, reached by phone yesterday, denied using racial slurs. He also said
he had not been informed about the civil rights ruling.
"I never heard of this," Patel said. "My lawyer told me there was no
problem."
Patel also said he never actually worked at the Subway.
"I went there to help my father," he said. "I never worked there. I
just helped my father with the computers."
Patel's father, who also worked at the store, is a co-owner, according to the
complaint. He was not identified by name or considered a defendant.
Patel said his uncle is Rupesh Trivedi, identified in the complaint as the store
owner and a defendant in the case.
Trivedi and attorney Arthur Swidler, who represents Patel and Trivedi, could not
be reached for comment.
Leslie Wilborn, Robert's mother, said she was shocked when her son told her what
was going on.
"It was really devastating," Leslie Wilborn said. "I never thought I'd
experience racism like that toward my son."
Both teenagers, who have been friends since first grade, began working at the
sandwich shop in 2005. They said Patel had assigned them tasks, scheduled
their hours and signed their paychecks.
Wells quit in July 2006 because "Mr. Patel's constant use of the racial slur
made him feel real sad," the ruling said.
Robert Wilborn testified that he, too, quit because Patel allegedly "degraded
him" and told him "I own you," according to the ruling.
Customers and their friends heard them called the "n-word" which was
humiliating, the teenagers said.
The boys' mothers testified that they saw changes in their sons from working at
the Subway, with both becoming despondent.
"Ever since that happened, I'm scared to work somewhere else," Wells said.
"It hurts your trust."
Leslie Wilford said that she contacted Subway headquarters when she found out
how the teens were treated. But because the store was a franchise, she
said, she was told to take it up with the owner. She then decided to take
the teenagers to the Civil Rights division to file a complaint.
"The impact of what has happened to these two young African-American boys,
trying to make some money over the summer has left a lasting impression upon
them," she said. "We as a society have a long way to go. Yes, great
strides have been made but racism will always lurk its nasty head and to most of
the world, blacks are still seen as the lowest human beings on the face of the
earth."
The Civil Rights division sees some cases each year concerning the use of the
"n-word," said Lee Moore, a spokesman for the attorney general. "However,
this specific-type of case involving severe and pervasive use against minors in
the workplace is not generally seen," he said.
The Civil Rights ruling was made by default because Patel, Trivedi and Swidler
did not file responses to the teenagers' complaint.
Each teenager will receive $62,433 when he turns 18, the ruling said. The
money is for $2,433 in back wages as well as pain and humiliation.
Also, store employees are required to "cease and desist" making such remarks and
to put up posters listing the rules for public employment.
Both teens, who play basketball, football and run track for Lawrence, plan to go
to Hudson Valley Community College in New York next year. They were
scouted by the football coach, Wells said.
Wells plans to use his award for college tuition but Wilborn plans to invest his
in real estate.
Linda Stein can be reached at
lstein@njtimes.com or (609) 989-6437
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