Case Summary

A front-of-the-house manager at a restaurant was subjected to sustained harassment by coworkers and her supervisor based on her age, disability, and perceived sexual orientation from the time of her hiring. Despite repeated complaints to management, no meaningful disciplinary action was taken. The harassment escalated to a physical assault when a kitchen staff member kicked her injured ankle. After the assault, coworkers made racially threatening remarks toward her, making her fear for her safety. She sued her supervisor, the restaurant, and the staff member who assaulted her for violations of the New Jersey Law Against Discrimination.

Background

The client was hired as a front-of-the-house manager at a restaurant. Prior to her employment, she had suffered injuries to her ankle that made it difficult for her to walk long distances, and she had a permanent handicapped parking permit as a result.

From the time of her hiring, she endured harassment from coworkers based on her disability, age, and race. Her supervisor referred to her as "old woman" or "liver spots." She regularly received comments such as, "Well, you're old. Of course you don't remember that." When she complained to her general manager and senior manager, she was told that "this is just the way things are" and that she needed to "deal with it."

She also faced harassment from kitchen staff, who made comments asking if she had a "hearing problem" or was "too old to hear properly." When she complained again, the kitchen staff was merely told to "stop harassing" her. No disciplinary action was taken. She subsequently made a formal complaint to the restaurant about the comments made regarding her age. A human resources representative told her an investigation had been completed and a remedy had been put in place, but would not tell her what action had actually been taken.

Kitchen staff continued to harass her about her use of the handicapped parking spot, accusing her of "cheating the system" and claiming there was "nothing wrong" with her. When she made clear to the executive chef that these comments offended her, the chef took no action to reprimand the staff. The most vocal kitchen staff member also referred to her as "gay." She complained again, and still no action was taken.

A few months later, the same kitchen staff member threatened and then physically assaulted her by kicking her injured ankle, yelling, "I told you not to park in the handicapped spot!" When she escaped, he called after her, "I didn't know anything was really wrong with you."

Following the assault, she took three sick days because she feared another attack. When she returned to work, kitchen staff yelled at her, "We're going to get you, Whitey!" as soon as she entered the kitchen. Terrified by the comment, she immediately left the premises and told her supervisor that it was not safe for her to continue working at the restaurant.