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Complaint for Reverse Discrimination Upheld
Author: Scarinci Hollenbeck, LLC
Date: May 6, 2014
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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.
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