Articles Tagged with Hostile work environment

sexual harassment violates New Jersey lawA recent decision by New Jersey’s Appellate Division makes it clear that a court must have clear proof an employee agreed to arbitration before an employer can force an employee to arbitrate her case.

Nikki Cordero applied for a job with Fitness International, LLC, also known as LA Fitness International.  A few days later, LA Fitness interviewed Ms. Cordero and offered her the position.

On Ms. Cordero’s first day of work, the Gym’s General Manager, Ryan Farley, had her electronically sign a series of documents that he said she needed to sign before she could start her training.  According to Ms. Cordero, she did so without seeing what she was signing.

Yesterday, a unanimous New Jersey Supreme Court ruled that two racially offensive slurs uttered by a supervisor can be enough to create a hostile work environment in violation of the New Jersey Law Against Discrimination (“LAD”).

Armando Rios, Jr. is Hispanic.  He worked for Meda Pharmaceutical, Inc. as its Director of Brand Marketing.  His immediate supervisor, Tina Cheng-Avery, was Meda’s Senior Director of Commercial Operations.

Two Racial Slurs Enough to Create Hostile Work EnvironmentMr. Rios claims Ms. Cheng-Avery made two racial slurs toward him.  First, he claims that when he was discussing his plans to purchase a new house, Ms. Cheng-Avery said “it must be hard for a Spi*k to have to get FHA loans.”  Second, he claims that the following month, when he and Ms. Cheng-Avery were casting actresses for a television commercial for one of Meda’s products, Ms. Cheng-Avery said one of the actress auditioning “would work … if she didn’t look too Spi*ky.”  Ms. Cheng-Avery denies she made either of those comments.

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