A New Jersey appeals court affirms a $525,000 jury award against a Newark company for creating a hostile workplace environment.
Before she was lost her job in 2011, Marilyn Velez said her supervisor told her they should go out for drinks, stared at her breasts, and talked about engaging in a three-way assignation.
Then she was let go.
A New Jersey appeals court this week affirmed a $525,000 jury award against Velez's employer for creating a hostile workplace environment and unlawful retaliation against the former customer service representative.
"The award does not shock the judicial conscience and was supported by the evidence," said the three-judge panel in an opinion that was issued on Monday.
The ruling was first reported by the New Jersey Law Journal.
According to the court documents, Velez was employed at RockTenn Co., a corrugated box company in Newark, where she was worked from November 2010 until April 2011.
Velez said that within days of being hired, her boss began to engaged "in a course of sexually harassing behavior." She said the supervisor, Raymond Perry, showed her a picture of his girlfriend, and told her about their sexual relationship and recent break up. Velez, who is Latino, said Perry also told her repeatedly that he loved Latino women, and touched her hand inappropriately.
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During a company holiday party, she said he announced in the presence of other employees that his girlfriend was trying to convince him to "have a threesome."
He also prevented her from completing mandatory training, which required her to work in other departments--telling her it was unnecessary.
In early 2011, with RockTenn's sales declining, the court records said senior company managers looked to cut labor costs and Velez was ultimately targeted for downsizing by Perry "due to a reduction in business." The termination came days after the company hired another customer service representative, the court documents noted.
After she was let go, Velez filed a complaint, alleging that she had complained about Perry to human resources, but no action had been taken. While she admitted during depositions that she never called the company's compliance hotline, she said she made at least nine complaints to the HR director.
At trial, Perry denied the allegations of harassment, but an Essex County jury awarded the a $525,000 in damages to Velez for emotional distress and economic loss.
RockTenn appealed, arguing that the actions did not "rise to the level of actionable harassment," and taken collectively, were not "extreme or pervasive enough to alter one's working conditions. The company also said there was no showing of a link between the allegations and the termination of Velez, and that the court had made errors that should have mandated a new trial.
In a ruling written by Appellate Division Judge Greta Gooden Brown and joined by Judges Jose Fuentes and Marie Simonelli, the three-judge panel upheld the jury award, rejecting contentions that there was no showing that Perry's actions "were sufficiently pervasive or severe to alter the working conditions," or had failed to establish that the conduct occurred because of her gender.
Rejecting all of the company's arguments for a reversal, Gooden Brown said the law "does not require a plaintiff to suffer serious psychological harm in order to recover on a hostile work environment sexual harassment claim." The judge said it was "the harasser's conduct, not the plaintiff's injury" that must be severe or pervasive.
"We reject each point and affirm," she said.
Attorneys for Velez and for RockTenn did not return calls for comment.
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.