Terminated Employee to Receive $175,000 in Back Pay and At Least Three Years of Pension Credit

TRENTON – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has resolved a complaint alleging that the Camden City School District violated the Law Against Discrimination (LAD) by refusing to hire an employee into a new position due in part to the employee’s age.

Under the consent decree announced today, the Camden City School District agreed to resolve the matter by compensating the complainant for $175,487 in lost wages and providing the employee with pension credits for lost time in the work force.  The School District must also ensure that its policies, procedures, and employment decisions comply with the LAD, must provide anti-discrimination training to all teaching, clerical, and other office staff in the District, and must provide DCR with regular reports on hiring decisions for central office and clerical staff.

The matter resolved today arose out of an age discrimination complaint filed with DCR by a Camden City School District employee who worked for the district for 23 years and whose employment was terminated as part of a reduction in force.  Following termination, the employee applied for a new position within the district, but was not offered the position.  DCR’s investigation found sufficient evidence to create a reasonable suspicion that the school district discriminated against the complainant because of the complainant’s age.

“In New Jersey, no one is allowed to discriminate against a potential employee because of their age. It’s the law,” said Attorney General Platkin. “School districts, as institutions of learning and public trust, have a special responsibility to follow the law. When they don’t, we will hold them accountable.”

“New Jersey’s civil rights laws forbid age discrimination in employment.  This means employees or prospective employees cannot be treated differently based on their age,” said Sundeep Iyer, Director of the Division on Civil Rights. “The settlement announced today reflects our continuing commitment to protecting the rights of our residents who face discrimination in the workplace, whether based on age or any other protected characteristic under our civil rights laws.”

DCR’s investigation found that the school district chose a different candidate who it alleged was “more closely aligned” with the needs of the position.  The evidence, however, refuted the school’s contention that the chosen candidate’s qualifications were superior to the complainant’s qualifications, particularly since the complainant had worked directly with District students and teachers for 22 years and the candidate the District hired did not have similar experience.  The investigation also found that the complainant was invited to interview for the job, but the interview was conducted by an employee of the same rank who was not authorized to make hiring decisions.

Following DCR’s investigation and DCR’s issuance of a Finding of Probable Cause, Camden City School District agreed to resolve the matter through a Consent Decree and Order. Under the terms of the settlement, the District has agreed to compensate the employee for $175,487 in lost wages and to provide the employee with pension credits for lost time.  The District also agreed, among other things, to:

• Ensure that its policies, procedures, and employment decisions comply with the LAD and guard against discrimination;
• Ensure that all teaching, clerical, and other office staff in the District have completed anti-discrimination training that covers State and federal anti-discrimination laws;
• Provide DCR with regular reports on hiring decisions for central office and clerical staff; and
• Make a payment to DCR for administrative costs related to the investigation.                                                                                                        

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To view a Fact Sheet on age discrimination under the LAD, please visit https://www.njoag.gov/wp-content/uploads/2021/03/Fact-Sheet_Age-Discrimination.pdf.  Individuals who believe their rights under the LAD have been violated can file a complaint with DCR by visiting https://bias.njcivilrights.gov/ or calling 1-833-NJDCR4U (833-653-2748).

The New Jersey Division on Civil Rights enforces the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, and the Fair Chance in Housing Act, and works to prevent, eliminate, and remedy discrimination and bias-based harassment in employment, housing, and places of public accommodation throughout New Jersey.

To find out more information, go to www.njcivilrights.gov.

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