Carreras-Melendi v. Raritan Valley Community College, Federal

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MONTGOMERY, CHAPIN & FETTEN, P.C.
745 Route 202/206
Suite 101
Bridgewater, New Jersey 08807
(908) 203-8833
Attorneys for plaintiff, Teresa Carreras-Melendi
Our file No. GP 19,907 SOM-2
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
x
TERESA CARRERAS-MELENDI,
Civ.
Plaintiff,
-againstCOMPLAINT
RARITAN VALLEY COMMUNITY
COLLEGE and NANCY JORDAN,
NANCY MOORE
Defendants.
Jury Trial Demanded
The plaintiff, TERESA CARRERAS-MELENDI, by her attorneys, the law offices of
Montgomery, Chapin & Fetten, P.C., for her Complaint against the defendants, RARITAN VALLEY
COMMUNITY COLLEGE (hereinafter "Raritan"),NANCY JORDAN, and NANCY MOORE
states as follows:
PARTIES
1.
The plaintiff, TERESA CARRERAS-MELENDI, was at all times relevant to this
cause of action a citizen and resident of the State of New Jersey, in the County of Somerset.
2.
The defendant, RARITAN VALLEY COMMUNITY COLLEGE, on information
and belief, is a New Jersey corporation engaged in educational activities, located in Branchburg,
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New Jersey.
3.
The defendant, NANCY JORDAN, is a natural person who, on information and
belief, at all times in question, resided in the State of New Jersey, County of Somerset.
4.
The defendant, NANCY MOORE, is a natural person who, on information and belief,
at all times in question, resided in the State of New Jersey, County of Somerset.
JURISDICTION AND VENUE
5.
This action arises under Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e, etseq. ("Title VII") and jurisdiction is founded on the existence of questions
pleaded herein under these statutes according to U.S.C. § 1331. This court also has pendent
jurisdiction over plaintiffs claims pleaded herein under New Jersey State statutes and/or common
law.
6.
Venue is proper in this district because at all times relevant to this action, defendants
RARITAN VALLEY COMMUNITY COLLEGE, et al's principal place of business was within this
district and a substantial part of the events or omissions giving rise to this action in regard to all
defendants occurred in this district and in that this matter involves questions of violations of federal
statutes.
7.
Plaintiff has complied with all conditions precedent in bringing this action. Plaintiff
timely filed with the Equal Employment Opportunity Commission (EEOC) charge of discrimination
against the defendants. The plaintiff received a notice of right to sue from the EEOC within 90 days
of the filing of this Complaint. (See attached Determination of EEOC, dated 2/21/12 (Ex. A), and
Notice of Right to Sue letter dated June 7, 2012. (Ex. B).
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BACKGROUND
8.
In August of 2009, the plaintiff was hired as an administrative assistant by the
defendant,
9.
During all relevant times, plaintiff's supervisor at RARITAN VALLEY
COMMUNITY COLLEGE was NANCY JORDAN.
10.
During all times relevant to this action, NANCY JORDAN was an officer and dean
or director of the defendant, RARITAN VALLEY COMMUNITY COLLEGE.
11.
During all relevant times NANCY MOORE was Vice President of Human Resources
of RARITAN VALLEY COMMUNITY COLLEGE.
12.
Beginning on or about the commencement of plaintiff's employment, there were
numerous incidents wherein the plaintiff was subjected to derogatory, ethnic and racist comments
regarding ethnic backgrounds of various employees, and others who were associated with the
defendant, RARITAN VALLEY COMMUNITY COLLEGE . Although far from an exhaustive list,
some illustrative examples of the derogatory, ethnic and racist comments made by defendant,
NANCY JORDAN, are set forth below.
13.
Among other things, during her tenure with the defendants, the defendant, NANCY
JORDAN, stated that Asians are smarter, Hispanics are typically poor in math, and that an AfricanAmerican student would probably have to attend a traditionally African-American college.
14.
The defendant also made comments about certain parts of the population being
"White Trash" and made similar comments about other ethnic and racial groups repeatedly and
continually during plaintiff's employment with the defendants
15.
In addition, the plaintiff was informed that Dean JORDAN informed an individual
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that because she was married to a Mexican man, that she was also to be considered Mexican and a
minority.
16.
The plaintiff was informed that Dean JORDAN had also verbalized disparaging and
stereotypical remarks about people of Italian heritage. The plaintiff heard commentary from an
African-American woman that the defendant, JORDAN, made her feel that the reasons she was
included in committees was primarily because she was African-American.
17.
The derogatory, ethnic and racist comments by NANCY JORDAN were severe,
pervasive, frequent and unwelcome.
18.
On or about September 7, 2010 the plaintiff filed a grievance against NANCY
JORDAN based upon the derogatory and offensive racial and ethnic commentary routinely uttered
by the defendant, NANCY JORDAN, in the presence of the plaintiff.
19.
The grievance was filed with the Human Resources Department. The plaintiff was
further informed that NANCY JORDAN had previous complaints similar to the grievance that the
plaintiff had filed.
20.
Plaintiff acted reasonably in the filing of a grievance against NANCY JORDAN.
21.
Her grievance was investigated by an attorney retained by the defendants.
22.
The plaintiff was presented with a self-serving document purporting to exculpate the
defendants through the attorney hired by RARITAN VALLEY COMMUNITY COLLEGE and was
ordered to sign it.
23.
Plaintiff was threatened and intimidated and informed that plaintiff could not leave
a room without signing the exculpatory document.
24.
The plaintiff disagreed with the findings that found her grievance had no foundation.
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25.
Plaintiff wrote on the exculpatory document that she did not agree with the findings.
26.
Following Plaintiff's filing of a grievance alerting RARITAN VALLEY
COMMUNITY COLLEGE the defendants commenced a course of conduct retaliating against her
and treating her in a disparate fashion and negative fashion.
27.
The retaliation by the defendants included assigning the plaintiff to a position in the
Office of College Advancement, which the defendants knew was going to be eliminated.
28.
The plaintiff made the decision to accept this different position, as plaintiff did not
want to be unemployed.
29.
Thereafter, the plaintiff was told that she was going to be unable to work in any
position, notwithstanding the fact that everyone was pleased with her work performed.
30.
Other positions became open, and none of those positions were offered to her.
31.
Plaintiff was ultimately informed that she would be unemployed as of April 1, 2011.
32.
In order to attempt to preserve her employment at RVCC, the plaintiff wrote a letter
on or about March 22, 2011, and the defendants refused to meet with plaintiff to discuss retaining
her.
33.
Defendant, NANCY MOORE was, at all relevant times, a Vice President and Director
of Human Resources for RARITAN VALLEY COMMUNITY COLLEGE.
34.
NANCY MOORE participated in the acts of retaliation against Plaintiff by aiding and
abetting NANCY JORDAN in her acts or discrimination and/or by ratifying the actions of NANCY
JORDAN and by participating in the decision to terminate the employment of Plaintiff.
35.
On or about February 21, 2012 (Exhibit A), the U.S. Equal Employment Opportunity
Commission issued a Determination, finding that the respondent's defenses to her claim did not
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withstand scrutiny, and the Commission determined that there was reasonable cause to believe that
the respondent (the instant defendants) had discriminated against the charging party on a count
retaliation (Exhibit A).
36.
Thereafter, on June 7, 2012, the U.S. Equal Employment Opportunity Commission
provided to plaintiff a Notice of Right to Sue (attached hereto as Exhibit B).
37.
The foregoing harassment and retaliation demeaned plaintiff and caused her severe
emotional and mental anguish and other damages including, but not limited to loss of income and
benefits.
COUNT 1
38.
Plaintiff repeats and re-alleges the preceding paragraphs of this complaint as though
fully set forth at length herein.
39.
Plaintiff is an employee and entitled to protection under Title VII.
40.
The defendants are employers within the meaning of Title VII.
41.
The defendants, through their agents, servants, representatives, employees,
intentionally discriminated against the plaintiff due to plaintiff's complaints by engaging in racial
profiling and other discrimination which was sufficiently severe, frequent and/or pervasive , in
violation of Title VII, so as to create a hostile working environment.
42.
As a result of the foregoing unlawful discriminatory practices, the plaintiff demands
judgment against the defendants as follows: back pay, front pay and benefits; compensatory
damages, including damages for mental anguish and pain and suffering; punitive damages; attorney's
fees and costs; and for such other relief as this Court deems just and proper.
COUNT 2
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43.
Plaintiff repeats and re-alleges the preceding paragraphs of this complaint as though
fully set forth at length herein.
44. Thereafter, the plaintiff was retaliated against, which affected the terms and conditions
of her employment and which constituted a negative job action.
45.
As a result of the foregoing unlawful discriminatory practices, the plaintiff demands
judgment against the defendants as follows: back pay, front pay and benefits; compensatory
damages, including damages for mental anguish and pain and suffering; punitive damages; attorney's
fees and costs; and for such other relief as this Court deems just and proper.
COUNT 3
46.
Plaintiff repeats and re-alleges the preceding paragraphs of this complaint as though
fully set forth at length herein.
47.
The defendants failed to provide a reasonable avenue for complaint and remedies
when it knew that it should have taken appropriate remedial action.
48.
As a result of the foregoing unlawful discriminatory practices, the plaintiff demands
judgment against the defendants as follows: back pay, front pay and benefits; compensatory
damages, including damages for mental anguish and pain and suffering; punitive damages; attorney's
fees and costs; and for such other relief as this Court deems just and proper.
COUNT 4
49.
Plaintiff repeats and re-alleges the preceding paragraphs of this complaint as though
fully set forth at length herein.
50.
Pursuant to the New Jersey Law Against Discrimination, it is an unlawful
discriminatory practice for an employer to discriminate and retaliate against an employee due to
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plaintiff's complaints about racial profiling, ethnic harassment, and other racially and ethnically
based harassment,
51.
The defendants engaged in unlawful discriminatory practice under the New Jersey
Law Against Discrimination, N.J. S .A. 10:5-12, by subjecting the plaintiffto harassment and creating
a hostile work environment that affected the terms and conditions of the plaintiff's employment.
52, This conduct was severe and pervasive enough to make the plaintiff as a reasonable
person to believe that the conditions of her employment were altered and rendered the working
environment hostile and abusive,
53.
As a result of the foregoing, plaintiff demands judgment as follows: back pay, front
pay and benefits; compensatory damages, including damages for mental anguish and pain and
suffering; punitive damages; attorney's fees and costs; and for such other relief as this Court deems
just and proper.
COUNT 5
54.
Plaintiff repeats and re-alleges the preceding paragraphs of this complaint as though
fully set forth at length herein.
55.
Pursuant to the New Jersey Law Against Discrimination, it is an unlawful
discriminatory practice for an employer to discriminate and retaliate against an employee due to
plaintiff's complaints about racial profiling, ethnic harassment, and other racially and ethnically
based harassment.
56,
The actions of defendants complained of herein were acts of retaliation in violation
of N.J.S.A. 10:5-12
57.
As a result of the foregoing, plaintiff demands judgment as follows: back pay, front
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pay and benefits; compensatory damages, including damages for mental anguish and pain and
suffering; punitive damages; attorney's fees and costs; and for such other relief as this Court deems
just and proper.
WHEREFORE, plaintiff asserts her rights under U.S. Const. Amend. 7 and demands a trial
by jury on all issues in accordance with Fed. R. Civ. P. 38, and prays as follows:
A.
On Count 1, back pay, front pay and benefits; compensatory damages, including
damages for mental anguish and pain and suffering to the maximum amount authorized by statute;
punitive damages; attorney's fees and costs; and for such other and further relief as to this court
deems just and proper.
B.
On Count 2, back pay, front pay and benefits; compensatory damages, including
damages for mental anguish and pain and suffering to the maximum amount authorized by statute;
punitive damages; attorney's fees and costs; and for such other and further relief as to this court
deems just and proper.
C.
On Count 3, back pay, front pay and benefits; compensatory damages, including
damages for mental anguish and pain and suffering to the maximum amount authorized by statute;
punitive damages; attorney's fees and costs; and for such other and further relief as to this court
deems just and proper.
D.
On Count 4, back pay, front pay and benefits; compensatory damages, including
damages for mental anguish and pain and suffering to the maximum amount authorized by statute;
punitive damages; attorney's fees and costs; and for such other and further relief as to this court
deems just and proper.
E.
On Count 5, back pay, front pay and benefits; compensatory damages, including
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damages for mental anguish and pain and suffering to the maximum amount authorized by statute;
punitive damages; attorney's fees and costs; and for such other and further relief as to this court
deems just and proper,
JURY DEMAND
The plaintiff hereby demands a trial by jury as to all issues in this case.
Electronically signed:
s/Glenn A. Montgomery, Esq.
MONTGOMERY, CHAPIN & FETTEN, P.C.
Attorneys for Plaintiff
745 Route 202/206, Suite 101
Bridgewater, NJ 08807
gmontgomery@mcfnj law. corn
(908) 203-8833
Phone:
Fax:
(908) 203-8839
DATED: June 22, 2012
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EXHIBIT A
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Newark Area Office
1 Newark Center, 21" Floor
Newark, NJ 07102-5233
Intake information Group: (800) 889-400o
intake Information Group 1TY: (800) 669-6820
Newark Status une: (866) 408-8075
Newark Direct Dial: (973) 645-4684
TTY (973) 645-3004
FAX (973) 845-4524
DETERMINATION
Charging Party
Teresa Carreras-Melendi
56 Reinhart Way
Bridgewater, NJ 08807
Charge No: 524-2011-00895
Respondent
Raritan Valley Community College
c/o Mark J. Blunda, Esq.
Apruzzese, McDermott, Mastro & Murphy
P.O Box 112
Liberty Corner, NJ 07938
On behalf of the U.S Equal Employment Opportunity Commission ("Commission"), I issue the
fallowing determination on the merits of the subject charge filed under Title VII of the Civil
Rights Act of 1964, as amended. Respondent Raritan Valley Community College is an employer
within the meaning of Title VII of the Civil Rights Act of 1964, as amended. All requirements
far coverage have been met.
Charging Party alleges that she was discriminated against due to retaliation when she was
discharged from her position shortly after engaging in the protected activity of opposing
discriminatory behavior, specifically insensitive and inappropriate racial comments about
specific student groups. She filed a formal complaint against her supervisor with Human
Resources, and shortly after steps were taken to terminate her employment.
Respondent denies discriminating against Charging Party. Respondent contends that Charging
Party's complaint was investigated and no evidence of discrimination was found. At Charging
Party's request she was transferred to an open position, a temporary position filling in for an
individual going out on maternity leave. This individual did not return from leave, however,
Charging Party did not apply for her position or any other position with the college for 20112012.
The Commission's investigation reveals that Charging Party was placed in a temporary position
filling in for a colleague who was going out on maternity leave after a discussion with Human
Resources in which a transfer was determined to be the best course of action in eliminating the
alleged hostile work environment. Charging Party was told that after her colleague returned
from leave she would be used as a floater. In anticipation of Charging Party's colleague
returning from leave, she made contact on multiple occasions with Human Resources to discuss
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her employment going forward, but these attempts proved futile. Contrary to Respondent's
contention, Charging Party's colleague did return from maternity leave, but gave her notice
approximately a week later. Respondent never contacted Charging Party regarding this
information and did not give her an opportunity to interview for the position. The agreement to
use Charging Party as a floater was not honored, and based on information and belief, it was
concluded that Charging Party was a problem employee.
Based on the above, Respondent's asserted defense does not withstand scrutiny and the
Commission has determined that there is reasonable cause to believe that Respondent has
discriminated against Charging Party on account retaliation.
This determination is final. Title VII requires that, if the Commission determines that there is
reasonable cause to believe that violations have occurred, it shall endeavor to eliminate the
alleged unlawful employment practices by informal methods of conference, conciliation, and
persuasion. Having determined that there is reason to believe that violations have occurred, the
Commission now invites Respondent to join with it in an effort toward a just resolution of this
matter. Enclosed is a letter outlining the proposed terms of conciliation.
Disclosure of information obtained by the Commission during the conciliation process may only
be made in accordance with Title VII and the Commission's Procedural Regulations. The
confidentiality provisions of Sections 706 and 709 of Title VII and Commission Regulations
apply to information obtained during conciliation.
If Respondent declines to enter into conciliation discussions, or when the Commission's
representative is unable to secure an acceptable conciliation agreement, the Director shall so
inform the parties, advising them of the court enforcement alternatives available to aggrieved
persons and the Commission.
On bel f of the Commission:
rrado Gigant
Area Director
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EXHIBIT B
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EEOC Form 161-A (11/09)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE
(CONCILIATION FAILURE)
To:
Teresa Carreras-Melendi
56 Reinhart Way
Bridgewater, NJ 08807
From:
Newark Area Office
1 Newark Center
21st Floor
Newark, NJ 07102
On behalf of person(s) aggrieved whose Identity is
CONFIDENTIAL (29 CFR §1601.7(a))
EEOC Charge No.
EEOC Representative
Telephone No.
524-2011-00805
Amparo Soto,
Enforcement Supervisor
(973) 645-6021
TO THE PERSON AGGRIEVED:
This notice concludes the EEOC's processing of the above-numbered charge, The EEOC found reasonable cause to believe
that violations of the statute(s) occurred with respect to some or all of the matters alleged in the charge but could not obtain a
settlement with the Respondent that would provide relief for you, In addition, the EEOC has decided that it will not bring suit
against the Respondent at this time based on this charge and will close its file in this case. This does not mean that the EEOC
is certifying that the Respondent is in compliance with the law, or that the EEOC will not sue the Respondent later or intervene
later in your lawsuit if you decide to sue on your own behalf.
- NOTICE OF SUIT RIGHTS (See the additional information attached to this form)
Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you.
You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your
lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state law may be different,)
Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the
alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years)
before you file suit may not be collectible.
If you file suit, based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission
Enclosures(s)
(2
Corra
JUN 0 7 2012
c--c
Glgante,
Director
CC.
Nancy Moore
Human Resources
RARITAN VALLEY COMMUNITY COLLEGE
56 Reinhart Way
Banchburg, NJ 08876
(Date Mailed)
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Encio•yre yeti EEOC
Form 181-A l 1/09)
INFORMATION RELATED TO FILING SUIT
UNDER THE LAWS ENFORCED BY THE EEOC
(This information relates to filing suit in Federal or State court under Federal law.
If you also plan to sue claiming violations of State law, please be aware that time limits and other
provisions of State law may be shorter or more limited than those described below.)
PRIVATE SUIT RIGHTS
—
Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA),
the Genetic Information Nondiscrimination Act (GINA), or the Age
Discrimination in Employment Act (ADEA):
In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within
90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90day period is over, your right to sue based on the charge referred to in this Notice will be lost. If you Intend to
consult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and its envelope, and tell
him or her the date you received it. Furthermore, in order to avoid any question that you did not act In a timely
manner, it is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as
indicated where the Notice is signed) or the date of the postmark, if later.
Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate
State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide
after talking to your attorney. Filing this Notice is not enough. You must file a "complaint' that contains a short
statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter
alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged in
the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some
cases can be brought where relevant employment records are kept, where the employment would have been, or
where the respondent has its main office. If you have simple questions, you usually can get answers from the
office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or
make legal strategy decisions for you.
PRIVATE SUIT RIGHTS --
Equal Pay Act (EPA):
EPA suits must be filed In court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back
pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For
example, if you were underpaid under the EPA for work performed from 7/1/08 to 12/1108, you should file suit
before 7/1/10 — not 12/1/10 -- in order to recover unpaid wages due for July 2008. This time limit for filing an EPA
suit is separate from the 90-day filing period under Title VII, the ADA, GINA or the ADEA referred to above.
Therefore, if you also plan to sue under Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA
claim, Kit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.
ATTORNEY REPRESENTATION
Title VII, the ADA or GINA:
If you cannot.fford or have been unable to obtain a lawyer to represent you, the U.S. -District Court having jurisdiction
in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be
made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your
efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above,
because such requests do not relieve you of the requirement to bring suit within 90 days.
ATTORNEY REFERRAL AND EEOC ASSISTANCE --
All Statutes:
You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any
questions about your legal rights, Including advice on which U.S. District Court can hear your case. If you need to
inspect or obtain a copy of information In EEOC's file on the charge, please request it promptly in writing and provide
your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files
are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge
file, please make your review request within 6 months of this Notice. (Before filing suit, any request should be
made within the next 90 days.)
IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO THIS OFFICE.
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Enclosures(s)
oc:
Mike J. Blunda, Esq.
APRUZZESE, MCDERMOTT, MASTRO & MURPHY
Somerset Hills Corporate Center
25 Independence Blvd., P.O. Box 112
Liberty Corner, NJ 07938
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FACTS ABOUT FILING
AN EMPLOYMENT DISCRIMINATION SUIT
IN FEDERAL COURT IN NEW JERSEY
You have received a document which is the final determination or other final action of the
Commission. This ends our handling of your charge. The Commission's action is effective
upon receipt. Now, you must decide whether you want to file a private lawsuit in court. This
fact sheet answers several commonly asked questions about filing a private lawsuit.
WHERE SHOULD I FILE MY LAWSUIT?
Federal District Courts have strict rules concerning where you may file a suit. You may file a
lawsuit against the respondent (employer, union or unemployment agency) named in your
charge. The appropriate court is the district court which covers either the county where the
respondent is located or the county where the alleged act of discrimination occurred. New
Jersey has three federal districts:
The United States District Courts for the District of New Jersey are located at:
Martin Luther Kim Building & U.S. Courthouse
50 Walnut Street, Room 4015
Newark, New Jersey 07101
(973) 645-3730
Clarkson S. Fisher Building & U.S, Courthouse
402 East State Street, Room 2020
Trenton, New Jertey 08608
(609) 989-2065
Mitchell H. Cohen Buildina & U,S. Courthouse
Fourth & Coopers Streets, Room 1050
Camden, New Jersey 08101
(609) 757-5021
WHEN MUST I FILE MY LAWSUIT?
Your private lawsuit must be filed in U.S. District Court within 90 days of the date you
receive the enclosed final action. Once this 90 day period is over, unless you have filed
suit, you will have lost your right to sue.
DO I NEED A LAWYER?
No, you do not need a lawyer to file a private suit. You may file complaint in federal court
without a lawyer which is called a pro se complaint. Every district court has either a clerk or
staff attorney who can assist you in filing pro se. To find out how to file a pro se complaint,
contact the clerk of the court having jurisdiction over your case who can advise you of the
appropriate person to assist you and of the procedures to follow, which may vary from
district to district,
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You may however wish to retain a lawyer in order to adequately protect your legal rights.
Whether you retain a private attorney or file pro se, you must file your suit in the appropriate
court within 90 days of receiving this mailing.
WHAT IF I WANT A LAWYER, BUT I CAN'T AFFORD ONE?
If you can't afford a lawyer, the U.S. District Court which has jurisdiction may assist you in
obtaining a lawyer. You must file papers with the court requesting the appointment of counsel.
You should consult with the office of the district court that assists pro complaints for specific
instructions on how to seek legal counsel. The appointment of counsel in any pro se complaint
is always at the discretion of the court.
Generally, the U.S. District Court charges a $350.00 filing fee to commence a lawsuit.
However, the court may waive the filing fee if you cannot afford to pay. You should ask the
office of the District Court that assists pro se complaints for information concerning the
necessary procedure to request that the filing fee be waived.
HOW CAN I FIND A LAWYER?
There are several attorney referral services operated by bar or other attorney organizations
which may be of assistance to you in finding a lawyer to assist you in ascertaining and
asserting your legal rights:
American Bar Association
(318) 988-5522
New Jersey State Bar Association
(732) 249-5000
Your County, City or Municipal Lawyers or Bar Association may also be of assistance.
HOW LONG WILL THE EEOC RETAIN MY CASE?
Generally the Commission's rules call for your charge to be destroyed after 2 years from the
date of a ,no cause determination or six months after other types of final actions. If you file suit,
and wish us to retain your file for more than the normal retention period, you or your attorney
should forward a copy of your•court complaint to this office within 10 days after you file suit. If
you file suit, you or your attorney should also notify this office when the lawsuit is
resolved.
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SETTLEMENT AGREEMENT AND RELEASE
WHEREAS, Plaintiff Teresa Carreras-Melendi ("Plaintiff") has filed a Complaint
venued in the United States District Court for the District of New Jersey bearing the Civil Action
No. 3:12-ev-03838-JAP-LHG, (hereinafter, the "Action"), alleging, inter alia, claims pursuant to
Title VII of the Civil Rights Act Of 1964, as amended 42 U.S.C. 2000(e), et seq., and the New
Jersey Law Against Discrimination, N.J,S,A, 10;5-1, et seq., (hereinafter, the "Claims"), against
Defendants Raritan Valley Community College ("the College"), Nancy Jordan ("Jordan"), and
Nancy Moore ("Moore"), (collectively referred to as "Defendants"); and
WHEREAS, on March 5, 2014, all parties to this Action, together with their respective
legal counsels, attended a settlement conference for the purpose of resolving the disputed issues
between them, at which time all of the aforementioned individuals and entities agreed to a full
and final settlement of all Claims at issue herein; and
WHEREAS, the parties agree that there is no admission of liability associated with any
of the allegations of the complaint referenced herein or any claims plaintiff may or may not have
asserted regarding her employment with the defendants, and after an opportunity to consider and
to confer with counsel of their ohoice, wish to resolve the expense and disruption of continued
litigation between them and have reached a voluntary agreement with respect to the disputed
issues, and with a full understanding of the terms of this Agreement, desire to memorialize their
settlement herein (hereinafter "Settlement Agreement");
NOW, THEREFORE, in consideration of the mutual covenants contained herein and as
set forth in further detail herein, the parties agree as follows:
1,
incorporation of Initial Settlement Agreement/Entire Agreement, The
material terms and conditions of the Parties' agreement on March 5, 2014, are incorporated
herein. This agreement sets forth the entire understanding between the Parties concerning the
subject matter hereof, and no Party, has relied upon any other representation, express or implied,
which is not expressly contained therein.
No Admission of Liability, It is understood and agreed that nothing contained in
2.
this Agreement shall be construed as an admission of liability or a violation of any law, public
policy or contract on the part of Defendants or any of their parents, partners, members, affiliates,
divisions, subsidiaries, predecessors, agents, beneficiaries, insurers, reinsurers, attorneys,
administrators, directors, officers, stockholders, trustees, employees, heirs, successors and
assigns, all such liability being specifically denied. It is expressly agreed that there is no
prevailing party in this litigation and Plaintiff understands that all attorneys' fees and costs she
may have recovered in connection with this litigation is encompassed in the settlement payment
specified below,
3.
Settlement Payment, In exchange for the promises made by Plaintiff, and the
execution by Plaintiff of this Agreement, and the execution by Plaintiff's attorneys of any
document, record, order, affidavit, or other writing necessary to effectuate dismissal with
prejudice of any claim(s) made by Plaintiff against the Defendants in any court whatsoever, or
before any agency, or before any other regulatory body, and any other document necessary to
effectuate the terms of this Agreement, the Defendant, the College agrees to pay Plaintiff in
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accord with this agreement, and to pay Plaintiff and her attorney within sixty (60) days following
execution of this Agreement by Plaintiff and the Defendants the following:
(A)
Payment of One Hundred and Five Thousand Dollars ($105,000.00) to Plaintiff
shall be made in one lump sum payment by check to the attorney trust account of
Montgomery, Chapin & Fetten, P.C. and Plaintiff, Teresa Carreras.Melenedi, The
College will issue an IRS Form 1099 only to Montgomery, Chapin & Fetten, P.C.
Plaintiff acknowledges that she has been paid all final compensation due and
owing her under any contract, plan or policy provided by and with Defendants,
and for which Plaintiff was entitled to, or eligible for, during her employment
with Defendants up to and including the date of this Settlement Agreement.
Plaintiff waives any and all claims or rights to any other compensation of any
kind or nature whatsoever which was asserted or could have been asserted in the
Action. Those claims include, without limitation, claims for lost wages (both back
pay and front pay), physical stress, pain and suffering, and emotional stress,
distress, and/or trauma, humiliation, dislocation and deprivation, and other
irreparable harm resulting from the strain of this controversy; and anxiety caused
by lack of information, uncertainty and resultant planning difficulty; career
disruption; adjustment problems; damage to career and personal life, and personal
injuries, including any and all medical expenses and attorneys' fees. It is
expressly understood and agreed by Defendants and Plaintiff that Defendants do
not make any representations or guarantees concerning any actual or potential tax
liability whatsoever that Plaintiff and/or her counsel may incur as a result of this
settlement, To the extent there are any tax consequences to Defendants arising
from the payment of the Settlement Amount other than those normally attendant
to 1099 income, Plaintiff agrees to indemnify and hold Defendants harmless for
all additional taxes, interest and penalties, except for any employer contribution to
any tax authority that may be owed.
Release of Claims by Plaintiff. In consideration of the promises and actions
4,
described herein, Plaintiff (hereinafter "Releasor" or "P'laintiff') has, by executing this
Agreement, remised, released, and forever discharged the College and all of its related entities,
departments or divisions, Nancy JOrdan, in her individual and official capacity, Nancy Moore, in
her individual capacity, employees, officers, directors, attorneys, agents, servants,
representatives, assigns, successors, insurance or risk carriers, included but not limited to AIG,
providers, funds or other coverage providers, and all of their respective heirs, successors and
assigns (hereinafter "Releasees"), of and from all and every manner of judgment, action, cause,
suit, debt, grievance, sum of money, account, reckoning, bond, bill, collective bargaining claim,
covenant, contract, controversy, agreement, damage, claim, execution and demand of every type
whatsoever, in law or in equity, which Plaintiff ever had, or now has, against the Releasees, for
anything that has happened up until now, including but not limited to any claims arising out of
the employment of Plaintiff with the College or heir interactions with present or former
employees of the College; and, including but not limited to any claims arising out of Plaintiff's
relationship with the Defendants or, for any other reasons which were asserted or could have been
asserted by her under any local, state or federal statute, constitution, ordinance, contract or the
common law, including, but not limited to, all claims under: the Age Discrimination in
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Employment Act of 1967, as amended, 29 U.S.C. § 6, et Leg, ("ADEA"); Title VII of the Civil
Rights Act of 1964, as amended 42 U.S.C. §§ 2000e, et seg., ("Title VII"); the Reconstruction
Era Civil Rights Act, as amended, 42 U.S.C. §§ 1981, § 1983, et seq, ("Civil Rights Act"); the
Civil Rights Act of 1991, as amended, 42 U.S.C. § 1981a, ei
("CRA of 1991"); the
Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seg ("ADA"); the Family and Medical
Leave Act, 29 U.S.0. §§ 2601, et seq. ("FMLA"); the Fair Labor Standards Act, 29 U.S.C. §
201, et sea, ("FLSA"); the Employee Retirement Income Security Act of 1974, as amended, 29
U.S.C. § 1001, g ggg ,, ("ERISA"); the Equal Pay Act, 29 U.S.C. § 201, gi
(EPA"); the
Rehabilitation Act, 29 U.S.C. §§ 701, et sew. ("RA"); the Pregnancy Discrimination Act, 42
U.S.G. §§ 2000, et seq. ("PDA"); the Whistleblower Protection Statutes, 10 U.S.C. § 2409, 12
U,S,C, § 1831j, 31 U.S.0, § 5328, 41 U.S.C. § 265, (collectively as "WPS"); the Sarbanes-Oxley
Act, 18 U.S.C. 1514A, the False claims Act, 31 U.S.C. §§ 3729, et seq.; the New Jersey Civil
Rights Act, N.J.S.A. 10:6-1, et seg; ("NJCRA").; the New Jersey Law Against Discrimination,
N.J.S.A, 10:5-1, et sea. ("LAD"), the New Jersey Family Leave Act, N.J.S.A. 34:11B-1,
seq.
("FLA"); the New Jersey Conscientious Employee Protection Act, 1NT.J.S,A, 34;19-1,
("CEPA"); the New Jersey Worker Freedom from Intimidation Act, N.J.S.A, 34:19-9, g seq.; the
New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 et
the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2510 — 20; the Employee
Polygraph Protection Act, 29 U.S.C. §§2001 — 2009, N.J.S.A. 2C;40A-1; the New Jersey
Smokers' Rights Law; the New Jersey Genetic Privacy Act; the New Jersey Fair Credit
Reporting Act; the New Jersey Statutory Provision Regarding Retaliation/Discrimination for
Filing a Workers' Compensation Claim; the New Jersey Wage and Hour Law, NJ,S,A, 34:1156a, et pag, ("WHL"); the New Jersey Discrimination in Wages Law, N.J.S.A, 34:11.56,1, tt
seq. ("DWL"); the New Jersey Workers' Compensation Law, N.J.S.A. 34:15-39.1, et mst,
("NIWC"); and the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et mg, ("WPL).
Plaintiff acknowledges that as a result of executing this Agreement and the General Release that
accompanies it, she is releasing all Claims against the Defendants under the Age Discrimination
in Employment Act ("ADEA") and the Older Workers Benefit Protection Act ("OWBPA"). As
such, Plaintiff acknowledges that:
a.
She has been advised to consult with an attorney of her choosing concerning the
legal significance of this Agreement and General Release, and she has done so;
She has read and fully understands the terms and conditions of this Agreement
b,
and the General Release;
The consideration, the money being paid to her, is a benefit that she is not
c.
otherwise entitled to receive, The amount of money being paid to her is sufficient
and adequate to support his promises, covenants and release as set forth in this
Agreement and General Release;
She has been offered twenty one (21) days to consider this Agreement and
d.
General Release before executing this Agreement and General Release and has
been advised by her attorneys that any changes to this Agreement that may be
agreed upon by the parties after she has received this Agreement and General
Release, whether material or immaterial, do not restart this period for
consideration; and
e,
She has been advised that during the seven (7) day period following his execution
of this Agreement and General Release, she may revoke his acceptance of this
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Agreement and General Release by delivering a written notice to the attorneys for
the Defendants (as identified below) and advising the attorneys that she wants to
revoke her acceptan?e:
Attorneys for Defendants, Richard P. Flaum, Esq.
DiFrancesco, Bateman, Coley, Yospin, Kunzman,
Davis, Lehrer & Flaum, P.C.
15 Mountain Blvd. Warren, NJ 07059
Plaintiff has been advised that this Agreement and General Release shall not
become effective or enforceable until after the seven (7) day revocation period has
expired,
Plaintiff expressly understands and acknowledges that it • is possible that unknown losses
claims exist or that present losses may have been underestimated in amount or
severity. Plaintiff expressly accepts and assumes the risk of such unknown or underestimated
losses or claims and acknowledges and agrees that the benefits to be provided to her pursuant to
this Agreement fully compensate her for such risks. Plaintiff acknowledges that none of the
benefits given to her pursuant to this Agreement have been assigned or are subject to alienation
(i.e., personal bankruptcy). Furthermore, Plaintiff specifically releases any and all claims which
were or could have been asserted in the matter of TERESSA CARRERAS-MELENDI vs.
RARITAN VALLEY COMMUNITY COLLEGE, NANCY JORDAN and NANCY
MOORE, filed in the United Stated District Court of New Jersey, bearing the Civil Action No,
3:12-cv-03838-JAP-LHG,
Or
Neutral Employment Reference. The Defendants agree that if contacted by any
S.
party in the future, whether or not that contact is in connection with Plaintiff's application for
employment, it shall only provide that party with the dates in which Plaintiff was employed by
the College and the last positiOn held. Plaintiff shall direct all inquiries regarding his
employment solely to the College's Human Resource Department,
6.
Confidentiality. The parties agree that they shall not affirmatively disclose or
discuss the contents of this agreement-to any third party, other than their spouses, legal counsel, tax
or financial advisor; or except to the extent necessary for the payment of Federal and State income
taxes, if any, to facilitate a structured settlement disbursement, as necessary to enforce rights under
this Agreement, or to the extent required by law, legal process, subpoena or lawful court order,
Further, if the disclosure is sought by subpoena or demand for a judicial order or other legal
process, Plaintiff shall give Defendant prompt written notice thereof, and copies of all papers
seeking, and all orders compelling disclosure, shall be provided as soon as is practicable for the
purpose that Defendant may seek to prevent disclosure. In the event that this Settlement
Agreement, or the material terms thereof, are disclosed or otherwise made public such that the
information is no longer confidential in nature, then the obligations set forth in this Paragraph to
maintain the confidentiality of this Settlement Agreement shall be null and void. In the event that
this Paragraph is rendered null and void by disclosure of such confidential information, all parties
nonetheless agree to uphold their Non-Disparagement obligations as set forth in the following
Paragraph.
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7.
Mutual Non-Disnarazement. The parties agree not to defame, disparage or demean
each other in any manner whatsoever including any and all comments uttered or published orally,
in writing or via technology/social media, and except as required by law or in connection with
any litigation or administrative proceeding in which the party making such statement has been
subpoenaed and is required by law to give testimony.
Plaintiff agrees not to issue, publish, make or disseminate any statement or knowingly
make any comment or take any ,action, whether privately or publicly, which in fact or by
implication tends to disparage Defendants, any Releasee, or any employee of the College.
Additionally, Defendants agree not to issue, publish, make or disseminate any statement or
knowingly make any comment or take any action, whether privately or publicly, which in fact or
by implication tends to disparage Plaintiff.
If any public comment is made by any party to this action, such statement will be limited
to the fact that the matter has been resolved. In the event any party to this Settlement Agreement
breaches this Paragraph 8, any party that is reasonably construed to be the subject of the
unauthorized comments shall be permitted to pursue a summary action for enforcement of this
Agreement and, if said party prevails in that summary action it will be entitled to recover as
damages the reasonable counsel fees and costs incurred in pursuing that action,
8.
No Future Employment. Plaintiff agrees that she shall not apply in the future for
employment with the College, and. that the College is under no obligation to hire her for
employment or re-employment.
Taxability. Plaintiff understands and agrees that payment of the monies herein
9.
set forth is in the nature of compensation for any and all claims alleged in this Action. No
deductions or withholding shall be made from the lump sum payment to Plaintiff in Paragraph
3(A) above. Plaintiff has full and complete responsibility for any taxes, penalties or assessments
of any kind which may become due in connection with the aforesaid payment. Plaintiff further
agrees to accept full, complete, sole and entire responsibility for any tax liability, interest or
penalty that may be assessed or incurred by the Defendants as a result of not withholding taxes
on the monies paid pursuant to thig Agreement and Plaintiff agrees to indemnify the Defendants
an amount equal to such tax liability, interest or penalty. Plaintiff further agrees and understands
that the Defendants have made no representations regarding the tax treatment of the sum paid
pursuant to this Agreement, and Plaintiff further agrees to hold the Defendants harmless for any
such tax liability, interest or penalty.
Satkslactiollpf Liens and fudemnifieation t Plaintiff understands and agrees that
10.
all outstanding medical bills and liens, specifically including but not limited to Medicare and
Medicaid liens, and child support liens and tax liens, to the extent required to be paid by law,
shall be paid/satisfied by Plaintiff out of the proceeds of this settlement, Plaintiff agrees to
indemnify the Defendants for any amount which they can be deemed to pay as a result of
Plaintiffs non-compliance with the obligation assumed herein.
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11, Breach of Material Provision.
In the event a Party claims a breach of a
material provision of this Agreement, the Party has the right to seek injunctive relief and/or
monetary damages including, without limitation, injunctive relief and/or any monetary damages
the aggrieved Party believes they are entitled to, without the necessity of posting a bond, from an
appropriate court of competent jurisdiction. If, after a hearing on the merits, the Court rules that a
breach occurred, the Party claiming the breach may be entitled to injunctive relief and/or
monetary damages incurred as a result of the breach, as demonstrated to the Court by competent
evidence. In any proceeding to enforce the terms of this Agreement, the Agreement may be
introduced under seal in order to maintain its confidentiality. In any such lawsuit, the prevailing
Party shall be entitled to reasonable attorneys' fees and costs incurred in connection with any
such proceeding.
12,
No Other Claims.
Plaintiff represents and warrants that, no civil charge,
grievance or complaint has been made in any forum, or otherwise has been filed by her or on her
behalf against the Defendants.
13.
Choice of Law. This Agreement shall in all respects be interpreted, enforced, and
governed under the laws and jurisdiction of the State of New Jersey, unless pre-empted by
Federal law.
14.
Validity. Should any provision of this Agreement be declared or be determined
by any court or agency to be illegal or invalid, the validity of the remaining parts, terms, or
provisions shall not be affected thereby, and said illegal and invalid provision or term shall be
deemed not to be part of the Agreement.
Every attempt has been made to set forth the terms of this
15,
Clear Language.
Agreement with understandable language. Each party hereto has been told of their right to be
represented by an attorney of their choosing and to not sign this Agreement unless and until
he/she understands each and every sentence, paragraph, or part of this Agreement. By signing
this Agreement, each party acknowledges and agrees that he/she has carefully read and fully
understands all of the provisions of this Agreement.
All Parties hereto acknowledge that
16.
Voluntary and Knowing Agreement,
they have executed this Agreement after being given the opportunity to consult with legal
counsel, after considering the terms of the Agreement, and flirther acknowledge that they have
read this Agreement in its entirety, understand all of the terms and freely, voluntarily and
knowingly, without duress or coercion, assents to all the terms and conditions contained herein,
By signing below, all Parties indicate that they have carefully read and understand the
terms of this Agreement, enter into this Agreement knowingly, voluntarily and of their own
free will, understand its terms ' and significance and intend to abide by its provisions
without exception.
This Agreement shall inure to the benefit of and be binding
Who is Bound.
17.
upon the heirs, representatives, successors, and assignees of each of the parties to it. Each of the
Releasees who are not signatories to this Agreement is intended to be third party beneficiaries of
this Agreement. Each such Releasee shall be entitled to enforce this Agreement and each of its
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P.008/009
terms. Each Releasor not a signatory hereto shall also be deemed a beneficiary hereof and shall
be bound by the covenants and obligations of this Agreement. In the event of any breach of this
Agreement, an aggrieved Releasee may move to enforce the terms hereof
18. Joint Negotiation. The Agreement was negotiated at arms length and shall not
be construed against its drafter as all parties participated equally in its drafting.
19. Counterparts,
This Agreement shall be executed in counterparts, All such
counterparts shall be deemed to be originals and together shall constitute but one and the same
instrument.
(
ACKNOWLEDGMENT
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE TERMS AND
CONDITIONS OF THIS RELEASE AND WAIVER. I ACKNOWLEDGE THAT I HAD THE
OPPORTUNITY TO REVIEW THIS RELEASE AND WAIVER WITH MY ATTORNEYS,
MONTGOMERY, CHAPEN & FETTEN, PC AND/OR ANYONE ELSE OF MY CHOOSING,
AND TO DISCUSS WITH SUCH PERSONS THE TERMS AND CONDITIONS OF THIS
RELEASE AND WAIVER AND MY RIGHTS UPON EXECUTION, I AGREE AND
ACKNOWLEDGE THAT NO REPRESENTATIONS CONCERNING THE TERMS OR
EFFECT OF THIS RELEASE WERE MADE BY THE DEFENDANTS AND/OR ANY
AFFILIATES, OR THEIR ATTORNEYS OTHER THAN AS SET FORTH IN THE
DOCUMENT AND THAT I HAVE VOLUNTARILY SIGNED THIS RELEASE AND
WAIVER AS MY OWN FREE ACT WITH FULL KNOWLEDGE OF ITS TERMS AND
CONDITIONS, WHICH ARE FINAL AND BINDING UPON ME.
Teres, rreras Melendi
-
Dated:
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P.0091009
IN WITNESS WHEREOF, and intending to be legally bound hereby, the
Parties have executed this Agreement,
BY:
G ANN A. M NTGOMI,
Attorney for
Date:
BY:
, ESQ.
RICHARD F
Attorney for D endant
Raritan Valley Community College
Date: 5.- rLi-/
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■
JOHN H. SCHMID'I', ESQ.
Attorney for Defendant
Nancy Moore
Date:
N BEHALF OF RARITAN VALLEY
COMMUNITY COLLEGE
Date.
BY:
Date:
BY:
C
ELIZ
Attorney for Defends
Nancy Jordan
Date: 'W25"//.
AN ESQ.
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NANCY JO
Date:
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