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1 N.J.A.R. 342

Ramapo College of N.J., Ramapo College Trustees & George Potter, President; Alaya, Flavia v
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Citation: 1 N.J.A.R. 342
Decision Date: 1980
Synopsis: Petitioner, a female professor, alleged that she was discriminated against in 1971, when she was hired as an associate rather than a full professor and that the discrimination continued until 1973 when she was promoted to full professor. She further contends that her salary still reflects these acts of discrimination. Although her complaint was filed in 1975, the professor asserted that N.J.S.A. 10:5-10, which provided that complaints under New Jersey's Law Against Discrimination must be filed within 180 days of the alleged act of discrimination, was inapplicable since the violations were of a continuing nature. In the absence of applicable New Jersey cases, the administrative law judge examined recent developments under the analogous federal statute. The present complaint was dismissed as barred by N.J.S.A. 10:5-10, since the 1975 filing was untimely as to acts occurring in 1971 and 1973 and the complaint did not allege any discriminatory acts occurring within 180 days of the filing of the complaint. Additionally, the complaint, coupled with the agency's investigation, did not indicate that a discriminatory salary or seniority system perpetuated past discriminatory acts. Thus, a motion to dismiss the complaint was granted. Mumtaz B. Bari, Deputy Public Advocate for Complainant (Stanley Van Ness, Public Advocate of New Jersey, Attorney) Aron M. Schwartz, Deputy Attorney General for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney)
Statute(s) Cited: 10:5-10