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5 N.J.A.R. 208
- Roberts, Diane H. et al. v. Keansburg Board of Education and Samuel C. Capalbo
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- Citation: 5 N.J.A.R. 208
- Decision Date: 1983
- Agency: DEPARTMENT OF EDUCATION
- Synopsis: Complainants brought charges of sex discrimination against respon- dents alleging that respondent Capalbo created a sexually hostile and offensive work environment in violation of N.J.S.A 10:5-12(a) and that respondent Keansburg Board of Education either permitted or condoned such alleged acts of discrimination. The administrative law judge assigned to the case, found that, using an objective standard, respondent Capalbo as principal of the high school in which complainants taught subjected complainants to crude and vulgar language and offensive in quiries resulting in a hostile and intimidating work environment which was actionable under the New Jersey Law Against Discrimination. The judge rejected respondent's argument that the remarks, as speech, were protected by the Federal and State Constitutions. In addition, the judge determined that re- State of New Jersey 209 spondent Capalbo as a supervisor was, under N.J.S.A 10:5-12(a), an employer and not a co-worker and thus the Board of Education was also liable for his conduct. The judge determined that complainants were entitled to damages for pain, suffering and humiliation along with attorney fees. Kenneth I. Nowak, Esq., for complainants(Zazzali, Zazzali & Kroll, attorneys) Joseph D. Youssouf, Esq., for respondent Keansburg Board of Education Charles J. Uliano, Esq., for respondent Samuel C. Capalbo (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys)
- Statute(s) Cited: 10:5-12(a)
- Synopsis: Complainants brought charges of sex discrimination against respon- dents alleging that respondent Capalbo created a sexually hostile and offensive work environment in violation of N.J.S.A 10:5-12(a) and that respondent Keansburg Board of Education either permitted or condoned such alleged acts of discrimination. The administrative law judge assigned to the case, found that, using an objective standard, respondent Capalbo as principal of the high school in which complainants taught subjected complainants to crude and vulgar language and offensive in quiries resulting in a hostile and intimidating work environment which was actionable under the New Jersey Law Against Discrimination. The judge rejected respondent's argument that the remarks, as speech, were protected by the Federal and State Constitutions. In addition, the judge determined that re- State of New Jersey 209 spondent Capalbo as a supervisor was, under N.J.S.A 10:5-12(a), an employer and not a co-worker and thus the Board of Education was also liable for his conduct. The judge determined that complainants were entitled to damages for pain, suffering and humiliation along with attorney fees. Kenneth I. Nowak, Esq., for complainants(Zazzali, Zazzali & Kroll, attorneys) Joseph D. Youssouf, Esq., for respondent Keansburg Board of Education Charles J. Uliano, Esq., for respondent Samuel C. Capalbo (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys)