Tuesday, September 23, 2014
BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS A-3252-12T1
BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS
We affirm the summary judgment dismissal of plaintiff's LAD complaint, alleging claims of hostile work environment and constructive discharge. Plaintiff experienced racial discrimi-nation by a fellow employee assigned to train him. When the incidents were disclosed to defendant, its mechanisms, including a formal anti-harassment and anti-discrimination policy, a developed complaint procedure and an investigation process, effectively resolved the discriminatory treatment identified by plaintiff and he precluded any further racial harassment. However, plaintiff maintains as a result of his disclosures, co-workers avoided him, which he insisted caused his constructive discharge.
We held plaintiff's complaints of perceived ostracism by fellow employees after he reported a co-worker's acts of racial discrimination are insufficient to support LAD claims of hostile work environment, retaliation or impose vicarious liability on the employer.