Flizack v. Good News Home for Women, Inc.

787 A.2d 228, 346 N.J. Super. 150, 2001 N.J. Super. LEXIS 465
CourtNew Jersey Superior Court Appellate Division
DecidedDecember 26, 2001
StatusPublished
Cited by11 cases

This text of 787 A.2d 228 (Flizack v. Good News Home for Women, Inc.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flizack v. Good News Home for Women, Inc., 787 A.2d 228, 346 N.J. Super. 150, 2001 N.J. Super. LEXIS 465 (N.J. Ct. App. 2001).

Opinion

787 A.2d 228 (2001)
346 N.J. Super. 150

Deborah FLIZACK, Plaintiff-Appellant,
v.
GOOD NEWS HOME FOR WOMEN, INC. and Ernestine Winfrey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Argued November 28, 2001.
Decided December 26, 2001.

*230 Elizabeth Zuckerman, Lawrenceville, argued the cause for appellant (Zuckerman & Fisher, attorneys; Ms. Zuckerman, on the brief).

Charles Z. Schalk, Somerville, argued the cause for respondents (Mauro, Savo, Camerino & Grant, attorneys; Mr. Schalk, of counsel and on the brief).

Before Judges BAIME, NEWMAN, and FALL[1].

*229 The opinion of the court was delivered by BAIME, P.J.A.D.

Plaintiff appeals from a summary judgment, dismissing her claims against defendants for violations of the Law Against Discrimination (N.J.S.A. 10:5-1 to-42) (LAD), intentional infliction of emotional distress, and breach of contract. She contends that her supervisor's racially charged comment and sexual misconduct created a hostile work environment and caused her severe mental anguish. She also claims that her employer violated provisions contained in its employment manual promising that it would not discriminate on the basis of race or gender. While we find that the contract claim was properly dismissed, we are satisfied that plaintiff's documentary submissions established a prima facie case of sexual harassment, racial discrimination, and intentional infliction of emotional distress.

I.

Because this case was decided by summary judgment, we view the evidence presented in a light most favorable to plaintiff. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 *231 (1995). The evidence assessed under that standard discloses the following facts.

Plaintiff was employed by defendant Good News Home for Women, Inc. (GNH) as a night monitor. GNH is a residential drug and alcohol treatment center for adult women. All of GNH's employees are women. Defendant Ernestine Winfrey is the director of GNH, and was plaintiff's supervisor. Plaintiff is white. Winfrey is African-American.

Following an acrimonious staff meeting, Winfrey approached plaintiff, forcing her to back into a table. Touching plaintiff with the front of her body, Winfrey exclaimed, "Are you still pissed at me ... [b]ecause if you are I am going to have to stare in them big blue eyes and pat those white titties." Simultaneously, Winfrey stroked plaintiff's breast in a sexual manner. When plaintiff attempted to flee, Winfrey embraced her, again in a sexual manner. Plaintiff was able to escape to the parking lot. Winfrey pursued her, placing her arm around plaintiff's neck and shoulder and "cuddl[ing]" her while attempting to usher her back into the building. Although Winfrey denied that she touched plaintiff in an inappropriate manner, the episode was witnessed by several individuals who corroborated plaintiff's account.

The incident was brought to the attention of GNH's board of directors. A meeting was conducted at which GNH's president of the Board, Jack Welsh, presided. According to Mary Beth Bubert, a board member, Winfrey did not deny plaintiff's allegations, but attempted to "soft-pedal" the incident. Welsh apparently concluded that plaintiff was a "disgruntled" employee who was either "imagining" the incident or "exaggerating" its significance. Bubert expressed the view that Winfrey should have been "monitored and disciplined." Ultimately, Bubert resigned from the board because she did not believe that Welsh considered the incident as "serious[ ]" and disagreed with his position.

On August 28, 1997, Welsh wrote to Winfrey, admonishing her for using "inappropriate" language. Welsh observed in the letter that "there is no place in our business for offensive or vulgar comments including `street' colloquialisms or unwanted physical contact." On the same day, Welsh wrote to plaintiff, advising her that Winfrey had been "warned in writing" that "further violations may result in disciplinary actions."

Welsh expected plaintiff to return to work. However, she was unable to do so. It is undisputed that plaintiff suffered severe stress and emotional turmoil as a result of the incident. We need not describe here the extent of plaintiff's disability. Suffice it to say that it was substantial and wholly uncontested.

The judge granted defendants' motion for summary judgment. In dismissing plaintiff's LAD claims, the judge found no evidence indicating that Winfrey's conduct was "gender" or "racially" motivated. The judge concluded as a matter of law that plaintiff failed to establish discriminatory conduct based on sex or color. Although defendants had never contested the severity of plaintiff's mental anguish caused by the incident, the judge found that no evidence had been presented on the subject and dismissed plaintiff's action for intentional infliction of emotional distress on that basis. As to plaintiff's claim for breach of contract, the judge found no promise in GNH's employment manual that had been violated.

II.

We first consider plaintiff's claims of sexual harassment and racial discrimination. *232 The applicable principles are well settled.

We begin with a point that has not been directly raised. While female complaints of discrimination based on gender are not at all unusual, see, e.g., Lehmann v. Toys `R' Us, Inc., 132 N.J. 587, 626 A.2d 445 (1993), claims of sexual harassment where the harasser and the harassed employee are of the same sex are of the same sex are somewhat atypical. In Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), the United States Supreme Court held that Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-2(a)(1), protected a male plaintiff whose harasser was of the same sex in an all-male workplace. The Court observed, "`[b]ecause of the many facets of human motivation, it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.'" Id. at 78, 118 S.Ct. at 1001, 140 L.Ed.2d at 206 (quoting Castaneda v. Partida, 430 U.S. 482, 499, 97 S.Ct. 1272, 1282, 51 L.Ed.2d 498, 513 (1977)). Our Supreme Court has expressed similar sentiments, noting that the LAD prohibits "sexual harassment of women by men, men by women, men by men, and women by women," and that the statutory scheme "bars both heterosexual and homosexual harassment." Lehmann v. Toys `R' Us, Inc., 132 N.J. at 604, 626 A.2d 445. We will return to this subject shortly.

In a similar vein, claims of racial discrimination by white persons against African-Americans have been termed "reverse discrimination" and are somewhat unusual. Generally, an employee alleging such reverse discrimination is required to show some reason to believe his employer is the "`unusual employer who discriminates against the majority.'" Oakley v. Wianecki, 345 N.J.Super. 194, 201, 784 A.2d 727 (App.Div.2001) (quoting Erickson v. Marsh & McLennan Co., 117 N.J. 539, 551, 569 A.2d 793 (1990)). Because the issue was not raised, the evidence presented to the Law Division on the subject is somewhat skimpy and equivocal. However, the record does include evidence of unrelated incidents in which Winfrey's conduct and comments may be said to have disclosed a divisive "black against white" view of the world.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kimberly A. Zack v. Integra Lifesciences Corporation
New Jersey Superior Court App Division, 2024
Ivan v. County of Middlesex
595 F. Supp. 2d 425 (D. New Jersey, 2009)
El-Sioufi v. ST. PETER'S UNIV.
887 A.2d 1170 (New Jersey Superior Court App Division, 2005)
Mandel v. UBS/PaineWebber, Inc.
860 A.2d 945 (New Jersey Superior Court App Division, 2004)
Hargrave v. County of Atlantic
262 F. Supp. 2d 393 (D. New Jersey, 2003)
Caggiano v. Fontoura
804 A.2d 1193 (New Jersey Superior Court App Division, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
787 A.2d 228, 346 N.J. Super. 150, 2001 N.J. Super. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flizack-v-good-news-home-for-women-inc-njsuperctappdiv-2001.