The New Jersey Division on Civil Rights (DCR) recently issued a probable-cause finding against an employer and its owner. The owner admittedly used the “n” word in the presence of an Asian employee who has a biracial child and a black fiance.
Facts
In February 2008, Shi-Juan Lin started working as a bookkeeper and secretary at Dane Construction. She worked in the office with Pat Buckley, the company’s owner, and an office manager. Lin is of Asian heritage, and her fiance, who is also the father of her child, is black. Buckley and the office manager were both aware of the race of Lin’s fiance and son.
During her approximately four months of employment, Lin alleged that Buckley routinely used the “n” word in her presence and when referring to a coworker. She complained to Buckley that the language offended her because her son is biracial, but Buckley laughed in response. She also complained to the office manager about the comments, but he did nothing to remedy the situation. Finally, she alleged that Buckley referred to her “Oriental ass” on one occasion, and she again complained to the office manager. On June 13, Lin resigned, allegedly because the workplace comments were so intolerable that she felt she had no alternative.
Discrimination Claim
Lin filed a charge against Dane Construction and Buckley with the DCR alleging she was subjected to a hostile work environment on the basis of race and national origin and forced to resign. The DCR investigated her claims and conducted a fact-finding conference. During the investigation, Buckley admitted to using the “n” word several times and in front of Lin on at least one occasion. Based on Buckley’s admission and the isolated comment relating to Lin’s national origin, the DCR found probable cause existed to support her allegation of harassment and constructive discharge.
Bottom Line
In a press release addressing the division’s finding, the DCR director noted, “The conduct charged in this case is troubling. There is simply no room for it in any workplace.” He pointed to an employer’s duty to respect employees and remedy discriminatory treatment brought to its attention. It is essential that all employers have well-drafted policies prohibiting harassment and discrimination and effective mechanisms for redressing any problematic comments or conduct in the workplace.