Hernandez v. Region Nine Housing Corp.

Decision Date26 November 1996
Citation684 A.2d 1385,146 N.J. 645
Parties, 73 Fair Empl.Prac.Cas. (BNA) 1231 Wilfredo HERNANDEZ, Plaintiff-Appellant, v. REGION NINE HOUSING CORP., New Brunswick UAW Associates, and Joan Wilk, Defendants-Respondents.
CourtNew Jersey Supreme Court

Jeffrey E. Fogel, Newark, argued the cause for plaintiff-appellant.

Thomas J. Giblin (Giblin & Lynch, attorneys), Union, argued the cause for defendants-respondents Region Nine Housing Corp. and New Brunswick UAW Associates.

James A. Tarella, Brunswick, argued the cause for defendant-respondent Joan Wilk (Tarella & Liftman, attorneys).

Jennifer S. Goldstein, a member of the California bar, argued the cause for amicus curiae The U.S. Equal Employment Opportunity Commission (C. Gregory Stewart, General Counsel, attorney; Mr. Stewart and Ms. Goldstein, on the brief).

Denise Reinhardt, Newark, submitted a brief on behalf of amicus curiae New Jersey Employment Lawyers' Association (Reinhardt &amp Schachter, attorneys; Ms. Reinhardt, Nancy M. Macirowski and Susan Kraham, on the brief).

The opinion of the Court was delivered by

HANDLER, J.

The issue raised in this appeal is whether an individual who under the Federal Civil Rights Act of 1964 received an adverse administrative determination from the United States Equal Employment Opportunity Commission on a claim of discrimination based on national origin is thereafter precluded from filing suit under the New Jersey Law Against Discrimination in the State Superior Court, Law Division, on a claim arising from the same facts.

I

Region Nine Housing Corporation/New Brunswick UAW Associates (Region Nine), hired plaintiff Wilfredo Hernandez, a United States citizen of Hispanic origin, as a maintenance worker in February 1991. On July 30, 1991, Region Nine, reportedly acting in response to tenant complaints, suspended Hernandez along with three other Hispanic workers for two days, with pay, for speaking Spanish in the lobby of the apartment building where they worked. In order to return to work, Hernandez was required to submit a letter praising the terms and condition of his employment. On reinstatement, Region Nine ordered Hernandez not to speak Spanish in public areas of the building during work hours. Subsequently, on October 28, 1991, Region Nine terminated Hernandez for unsatisfactory work performance.

On November 4, 1991, Hernandez filed a complaint with the New Jersey Division of Civil Rights (DCR) alleging that he was unlawfully suspended and terminated because of his national origin. On February 26, 1992, plaintiff filed a claim with the United States Equal Employment Opportunity Commission (EEOC) alleging his suspension and termination violated Title VII of the Federal Civil Rights Act of 1964. 42 U.S.C.A. §§ 2000e to 2000e-17 (Title VII). On June 4, 1992, before the DCR had taken any action on his complaint, Hernandez voluntarily withdrew his complaint from the DCR.

The EEOC investigated Hernandez's claim and issued a "determination" letter on May 19, 1993. The EEOC found that Region Nine's English-only policy was discriminatory and violative of Title VII because such a prohibition could not be justified as a business necessity. However, the EEOC failed to find reasonable cause to believe that Hernandez's termination was discriminatory; it found that Region Nine terminated Hernandez for poor work performance in accordance with Region Nine's warning/termination system. On January 21, 1994, the EEOC issued Hernandez a Notice of Right to Sue, which informed Hernandez that he had ninety (90) days from receipt of the notice to bring suit in federal district court; if he failed to sue within that time he would be barred from pursuing his Title VII claim in the district court.

On May 24, 1994, Hernandez filed suit in the Superior Court, Law Division against his employer, Region Nine, and its regional manager, Joan Wilk, alleging that his suspension and discharge violated New Jersey's Law Against Discrimination (LAD). N.J.S.A. 10:5-1 to -42. The Law Division granted Region Nine's motion for summary judgment concluding that plaintiff's claim was precluded by the adverse EEOC determination. The Appellate Division affirmed. 286 N.J.Super. 676, 670 A.2d 95 (1996). This Court granted plaintiff's petition for certification. 144 N.J. 377, 676 A.2d 1092 (1996).

II

The LAD embodies this State's strong public policy to fight "discrimination against any of its inhabitants, because of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, or nationality." N.J.S.A. 10:5-3. This Court has described the goal of the LAD as being "nothing less than the eradication 'of the cancer of discrimination."' chilla v. Layman, 109 N.J. 319, 334, 537 A.2d 652 (quoting Jackson v. Concord Co., 54 N.J. 113, 124, 253 A.2d 793 (1969)), cert. denied 488 U.S. 826, 109 S.Ct. 75, 102 L. Ed.2d 51 (1988). In order to further this goal and afford the greatest protection to the victims of discrimination, the Legislature has directed that the LAD be interpreted liberally. Montells v. Haynes, 133 N.J. 282, 298, 627 A.2d 654 (1993).%1

Title VII embraces a similar national policy to combat discrimination. 42 U.S.C.A. §§ 2000e to 2000e-17. Title VII, though, does not preempt state efforts at anti-discrimination legislation. 42 U.S.C.A. § 2000e-7. Title VII "was designed to supplement, rather than supplant, existing laws" outlawing discrimination in the workplace. Alexander v. Gardner-Denver Co., 415 U.S. 36, 48-49, 94 S.Ct. 1011, 1019-20, 39 L.Ed.2d 147, 158 (1974). Congress specifically intended to permit "an individual to pursue independently his rights under both Title VII and other applicable state ... statutes." Ibid. State courts have jurisdiction to adjudicate Title VII claims. Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820, 821, 110 S.Ct. 1566, 1567, 108 L.Ed.2d 834, 835 (1990).

There are, however, marked differences between the state and federal statutory schemes. The LAD provides a complainant with a choice of remedies in seeking redress for alleged discrimination. Persons may pursue their claims either administratively, by filing a verified complaint with the DCR, or judicially, by directly instituting suit in the Superior Court. N.J.S.A. 10:5-13. These remedy choices are "complementary," Shaner v. Horizon Bancorp., 116 N.J. 433, 440, 561 A.2d 1130 (1989) (superseded by statute on other grounds as recognized by Milazzo v. Exxon Corp. 243 N.J.Super. 573, 580 A.2d 1107 (Law Div.1990)), but mutually exclusive. Hermann v. Fairleigh Dickinson Univ., 183 N.J.Super. 500, 444 A.2d 614 (App.Div.), certif. denied, 91 N.J. 573, 453 A.2d 884 (1982).

The LAD provides the Director of the DCR with broad remedial authority to cure unlawful discrimination in cases brought before the Division. Shaner, supra, 116 N.J. at 438, 561 A.2d 1130; Castellano v. Linden Bd. of Educ., 79 N.J. 407, 417, 400 A.2d 1182 (1979) (Handler, J., concurring in part and dissenting in part); Sprague v. Glassboro State College, 161 N.J.Super. 218, 226, 391 A.2d 558 (App.Div.1978); see also Zahorian v. Russell Fitt Real Estate Agency, 62 N.J. 399, 409, 301 A.2d 754 (1973) ("[S]tatute vests the Director with remedial powers which have been broadly expressed legislatively ... and have been broadly applied judicially.").

In addition to having the power to enjoin further discriminatory practices by an employer, N.J.S.A. 10:5-17, the Director can award incidental monetary relief in the form of compensatory damages, Jackson v. Concord Co., supra, 54 N.J. at 124-25, 253 A.2d 793, as well as damages for pain and suffering or personal humiliation. Zahorian, supra, 62 N.J. at 409, 301 A.2d 754. The Director also has the power to award attorney fees. N.J.S.A. 10:5-27.1. A determination by the DCR is a "final order" and is appealable to the Appellate Division. N.J.S.A. 10:5-21; N.J.A.C. 13:4-15.3.

The provision for an election of remedies conferring the right to bring a LAD claim directly in the Superior Court as an alternative to administrative relief was expressly authorized by a 1979 amendment to the LAD. L. 1979, c. 404; N.J.S.A. 10:5-13. A court's remedial power under the LAD is similar to that vested in the DCR. Shaner, supra, 116 N.J. at 440, 561 A.2d 1130. Judicial and administrative actions brought under the LAD are intended to be of similar purpose and effect. Id. at 441, 561 A.2d 1130. In addition, the court may award complete compensatory damages and punitive damages. N.J.S.A. 10:5-13.

Unlike the LAD, Title VII does not provide for an election between administrative and judicial remedies. Claimants under Title VII proceed on a single track. A complaining employee cannot institute suit directly in federal district court; rather, he or she must first file a charge of discrimination with the EEOC. 42 U.S.C.A. §§ 2000e-5(b), (c), (e); Alexander, supra, 415 U.S. at 47, 94 S.Ct. at 1019, 39 L.Ed.2d at 157. The complainant must then await either the outcome of the EEOC investigation, or the expiration of 180 days, before being given notice of the right to sue in federal district court. 42 U.S.C.A. §§ 2000e-5(b), (c), (e). On receipt of the notice of the right to sue, the plaintiff has ninety (90) days in which to file suit. 42 U.S.C.A. § 2000e-5(b). Title VII's exhaustion-of-administrative-remedies requirement is an essential component of the federal statutory scheme because it provides the EEOC the first opportunity to investigate discriminatory work practices and enables the EEOC to perform its statutory role of obtaining voluntary compliance and promoting conciliatory efforts. Patterson v. McLean Credit Union, 491 U.S. 164, 180-81, 109 S.Ct. 2363, 2374-2375, 105 L.Ed.2d 132, 153 (1989).

The Code of Federal Regulations enumerates the powers vested in the EEOC to investigate claims of discrimination....

To continue reading

Request your trial
57 cases
  • Hurley v. Atlantic City Police Dept.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 11 mai 1999
    ...of the cancer of discrimination.' " See Taylor v. Metzger, 152 N.J. 490, 706 A.2d 685, 693 (1998) (quoting Hernandez v. Region Nine Hous. Corp., 146 N.J. 645, 684 A.2d 1385 (1996)) (additional citations omitted). Indeed, in this case, plaintiff has an especially compelling argument that def......
  • Nubenco Enterprises v. Inversiones Barberena
    • United States
    • U.S. District Court — District of New Jersey
    • 25 mars 1997
    ...94 N.J. 1, 5, 462 A.2d 133, (1983)); Cafferata, 251 N.J.Super. at 261, 597 A.2d 1101)). See also Hernandez v. Region Nine Housing Corp., 146 N.J. 645, 661, 684 A.2d 1385 (1996) (failure to raise claim in EEOC administrative forum will not bar later attempt to litigate in Superior Court beca......
  • Todaro v. Township of Union
    • United States
    • U.S. District Court — District of New Jersey
    • 17 novembre 1998
    ...fair opportunity to litigate the issues and with the same remedial opportunities as the second forum." Hernandez v. Region Nine Housing Corp., 146 N.J. 645, 661, 684 A.2d 1385 (1996) (quoting Perry v. Tuzzio, 288 N.J.Super. 223, 230, 672 A.2d 213 (App. Defendant asserts that plaintiffs' FLS......
  • Taylor v. Metzger
    • United States
    • New Jersey Supreme Court
    • 18 février 1998
    ...the goal of the LAD as being 'nothing less than the eradication of the cancer of discrimination.' " Hernandez v. Region Nine Hous. Corp., 146 N.J. 645, 651-52, 684 A.2d 1385 (1996) (quoting Fuchilla v. Layman, 109 N.J. 319, 334, 537 A.2d 652, cert. denied, 488 U.S. 826, 109 S.Ct. 75, 102 L.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT