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1 N.J.A.R. 300

Perry, Mabel B. v. Glen Rock, Bergen County Board of Education of the Borough of
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Citation: 1 N.J.A.R. 300
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Perry, a tenured guidance counselor employed since 1971 by the Board of Education of the Borough of Glen Rock, charged she had been denied equal access to supervisory employment by the Board because of her race. She also alleged that the Board improperly reduced her position from full time to half time. In a preliminary observation, the administrative law judge noted that although Perry had filed similar charges with the Equal Employment Opportunity Commission, state administrative agencies have no jurisdiction to give relief for such claims and the only alleged acts of employment discrimination to be considereed were those remediable under N.J.S.A. 5:10-1 etseq. The judge ruled that to meet her burden of establishing a prima facie case of racial discrimination Perry must demonstrate that similarly situated non- blacks were promoted in place or hired out-of-category while she was not, and when the Board offered non-discriminatory reasons for such action, to come forward with evidence that the Board's reasons were sham. The administrative law judge found that there was no credible evidence in the record to support Perry's allegations of racial discrimination and that any rejection of Perry's applications for supervisory positions were for reasonable standards. Further, Perry's reduction in time had been made for reasons of economy and had been carried out properly according to the standards ofN.J.S.A. 18A:28-9. Accordingly, the judge found that Perry had failed to sustain her burden of proof and the matter was dismissed. M. Karen Thompson, Esq., for Petitioner (Norris, McLaughlin & Marcus, Attorneys) Irving C. Evers, Esq., for Respondent (Parisi, Evers & Greenfield, State of New Jersey 301 Attorneys)
Rule(s) Cited: 6:3-1.10 6:4-1.1 6:4-1.6 10:87-4.8 
Statute(s) Cited: 5:10-1 et seq.