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8 N.J.A.R. 249

Hardwick, Carol v Newark Morning Ledger Co., which publishes a newspaper known as The Star-Ledger;
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Citation: 8 N.J.A.R. 249
Decision Date: 1983
Synopsis: Complainant alleged that as a former employee of respondent, she had been discriminated against on the basis of race. The administrative law judge assigned to the case found that com- plainant had worked in respondent's advertising department and although while individuals who held her position had been assigned an assistant, complainant had been given no such assistance. Complai- nant had also been required to perform additional job duties which had not been expected of white employees. In addition, the judge found that when such help had been requested by complainant, it was denied. When complainant was unable to meet newly imposed work deadlines, she was told she would have to transfer to a lesser paying position and after complaining of the situation to her section manager, she was terminated. The judge concluded that respondent had failed to present a legit- imate non-discriminatory reason for refusing to treat complainant as it treated white employees, and thus determined that racial discrimina- tion had been the motivation behind complainant's dismissal and complainant was thus entitled to damages for lost wages. The judge concluded, however, that complainant had failed to establish entitle- ment to damages for pain and suffering. Upon review, this initial decision was modified by the Division on Civil Rights. The Director found that complainant was subjected to discriminatory terms and conditions of employment in addition to discriminatory termination. The Director found that complainant had been demoralized and upset by the treatment she received from re- spondent and thus was entitled to an award for humiliation damages. In addition, the Director determined that the judge had erroneously deducted unemployment benefits from the backpay award since un- employment benefits would be subject to repayment by complainant. The Director also ordered that complainant's termination be ex- punged from her work record. Susan L. Reisner, Deputy Attorney General, for complainant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Edward F. Lamb, Esq., for respondent (Robinson, Wayne, Levin, Riccio & La Sala, attorneys) Bruce H. Berry, Esq., New York counsel for respondent (Sabin, Bermant & Blau, attorneys)
Citation Tracker modified-Div. on Civil Rights; affirmed -App. Div., A-1084-83, 9/27/84 (unreported); certification denied-99 N.J. 215 (1984) [Updated through 1991]