Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 6, 2014
The Firm
201-896-4100 info@sh-law.comA former Caucasian employee of Petco filed a reverse discrimination lawsuit claiming the company posted Spanish signage with no English translation and allowed him to repeatedly be taunted by his Hispanic co-workers. U.S. District Judge Freda Wolfson, sitting in Trenton, ruled that the lawsuit can proceed after she denied the dismissal of claims lodged under the New Jersey Law Against Discrimination (LAD).
As the only white employee working on the Petco distribution center floor, the plaintiff, Frank McQuillan, claims he has been subjected to a hostile work environment. McQuillan has worked for Petco as an “order picker” since 2012, which means he prepares orders to be shipped from the warehouse.
In determining that McQuillan met the heightened pleading standards required in a reverse-discrimination lawsuit, Judge Wolfson stated that there was sufficient causal connection between the plaintiff’s status as a white person and the harassment he allegedly was subjected to at Petco. The judge felt it was clear the plaintiff was treated differently because he is white.
In addition to the Spanish-only signage, McQuillan’s allegations included his Hispanic workers referring to him by using derogatory Spanish terms, improper conduct by management, and refusal to provide him with a scanning headset (which allows workers to work faster) that was provided to Hispanic employees hired after him.
McQuillan suffered a shoulder injury in January of 2013. A physician from Petco’s health carrier informed Petco’s management team that he could return to work on a light duty restriction, but McQuillan was told no such positions were available. As a result, McQuillan sought workers’ compensation benefits. Petco informed McQuillan’s lawyer to “just tell him he’s fired.”
Petco moved to dismiss McQuillan’s five claims under LAD. Judge Wolfson denied the motion as to three of those claims and dismissed the other two without prejudice. McQuillan was permitted to amend the two claims of disability discrimination because he failed to allege that Petco replaced him (or attempted to replace him) after his firing. McQuillan’s complaint was quickly amended to cure the deficiency and refiled.
If you have any questions about the case discussed or would like to discuss your company’s policies and procedures, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!