Workers in Bergen County and across New Jersey have the right to a workplace free of harassment. A recent decision from the Appellate Division, Burga v. UniFirst Corp., demonstrates that courts will allow sexual harassment claims to move forward when there is evidence of a hostile work environment and inadequate employer response.
The Facts of the Case
Daniela Burga began working for UniFirst Corporation in 2019 as a customer service representative. Her role involved managing client accounts and working closely with route service managers. Four of her assigned routes were supervised by Victor Gomez, a UniFirst manager.
Soon after she started, Ms. Burga reported troubling behavior from Mr. Gomez. She testified that Mr. Gomez repeatedly commented about her appearance, requested to take her photograph, and at times took photos without her consent. Matters escalated when, during a team meeting, Mr. Gomez made an obscene and vulgar sexual gesture directed at her in front of her colleagues.
Ms. Burga knew Mr. Gomez had a history of harassment. Another female employee had previously reported him for similar behavior, and although UniFirst briefly suspended him, he remained employed. This history made Ms. Burga fearful that Mr. Gomez’s behavior toward her would continue.
When Ms. Burga reported Mr. Gomez’s conduct, UniFirst investigated and corroborated her account. Witnesses confirmed his lewd gesture, and Mr. Gomez admitted to taking her photograph. Despite these findings, UniFirst suspended Mr. Gomez for only three days, required him to retake harassment training, and issued a “final warning.” However, it did not remove him from the office or prevent from interacting with Ms. Burga.
Instead of taking steps to protect her from future harassment, UniFirst reassigned Ms. Burga from the client accounts she had worked hard to build. She testified that she felt like she had been punished for coming forward. Believing that her employer would not protect her from further abuse, she resigned.
The Appellate Division’s Decision
The trial court dismissed Ms. Burga’s claims, ruling that UniFirst had done enough to address the issue. The Appellate Division strongly disagreed, reversing the lower court’s ruling.
The appellate court found that Ms. Burga had presented sufficient evidence for a jury to decide whether UniFirst had subjected her to a hostile work environment in violation of the NJLAD. The judges noted:
- Mr. Gomez’s repeated comments and nonconsensual photos reasonably could be seen as harassment directed at her because of her sex.
- His obscene gesture during a team meeting was a serious and humiliating act that alone could support a hostile work environment claim.
- UniFirst’s remedial steps were inadequate, particularly given Mr. Gomez’s prior history of harassment.
The court also revived Ms. Burga’s constructive discharge claim. It emphasized that forcing her to give up her client accounts, while failing to ensure she would be protected from Mr. Gomez, could lead a jury to find her resignation was not voluntary but rather the product of intolerable working conditions.
Finally, the court held that UniFirst managers could face individual liability for aiding and abetting discrimination if they knowingly failed to take effective action to prevent it.
Why This Case Matters for Employees
For workers in Bergen County, this ruling reinforces several important points:
- A single severe incident of harassment can be enough to be legally actionable. Even one humiliating or obscene act can create a hostile work environment.
- If a company’s response to a harassment complaint leaves the victim vulnerable, the company can be liable.
- Resigning from a job based on a hostile work environment is not necessarily fatal to a wrongful termination claim. If the work conditions were sufficiently intolerable, employees may be able to pursue a constructive discharge claim.
- Managers sometimes can be personally accountable. Supervisors who ignore or minimize harassment complaints risk liability under the LAD.
This decision demonstrates protections for employees across New Jersey and makes clear courts will not tolerate superficial responses to workplace harassment.
Speak with a Bergen County Employment Lawyer
If you have faced sexual harassment, retaliation, or other forms of workplace discrimination, then you do not need to handle the situation alone. The experienced team of Bergen County employment lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. has helped employees across New Jersey assert their rights under the Law Against Discrimination. Call (201) 777-2250 or contact us online to schedule a consultation with an attorney today.