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Tuesday, September 23, 2014

BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS A-3252-12T1

 BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS 
A-3252-12T1 
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.