Discrimination law in New Jersey was made clearer on July 17, 2013 with a New Jersey Supreme Court decision against the United Parcel Service (UPS).
In October 2005, a UPS manager, Michael Battaglia, reported to his superiors about allegedly sexually suggestive remarks made by another employee, Wayne DeCraine, about a female employee, despite the fact that the female employee was not in the room and did not hear the remarks. Per UPS policy designed to improve employees’ workplace behavior, DeCraine was required to write a report of the incident and include an explanation as to why his behavior was unacceptable.
After some time passed, DeCraine was promoted and became Battaglia’s manager. DeCraine allegedly continued to make lewd comments about women employees and Battaglia continued to make reports to DeCraine’s superiors. As a result, Battaglia was demoted.
Battaglia filed a lawsuit against UPS for illegal retaliation under New Jersey’s Law Against Discrimination Act. He won his lawsuit with a jury trial in Superior Court in March 2009. The jury awarded Battaglia a total of $1 million:
UPS challenged the verdict, and won on appeal. The appellate court based its decision on the fact that since no female employee had heard the offensive remarks, there was no victim.
However, when the N.J. Supreme Court heard the case, the judges ruled unanimously to overturn the appellate ruling and reinstate the jury verdict in favor of Battaglia and against UPS. The Court held that so long as the conduct complained of is a violation of the Law Against Discrimination, it does not matter if a victim is identified or not.
If you are being retaliated against for reporting workplace discrimination, learn your rights by speaking with an experienced discrimination lawyer.