Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Complaint for Reverse Discrimination Upheld

Author: Scarinci Hollenbeck, LLC

Date: May 6, 2014

Key Contacts

Back

A 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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"
How Understanding Bankruptcy Trends Can Benefit Your Business post image

How Understanding Bankruptcy Trends Can Benefit Your Business

The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

Author: Brian D. Spector

Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
SEC Takes Actions Against Issuers for Failure to File Form D post image

SEC Takes Actions Against Issuers for Failure to File Form D

In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

Author: Kenneth C. Oh

Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"
What Are FIRPTA Withholding Requirements? post image

What Are FIRPTA Withholding Requirements?

If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]

Author: Jesse M. Dimitro

Link to post with title - "What Are FIRPTA Withholding Requirements?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: