Grasso v. West New York Board of Education

834 A.2d 1026, 364 N.J. Super. 109, 2003 N.J. Super. LEXIS 327
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 3, 2003
StatusPublished
Cited by2 cases

This text of 834 A.2d 1026 (Grasso v. West New York Board of Education) 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
Grasso v. West New York Board of Education, 834 A.2d 1026, 364 N.J. Super. 109, 2003 N.J. Super. LEXIS 327 (N.J. Ct. App. 2003).

Opinion

The opinion of the court was delivered by

LEFELT, J.A.D.

Defendant West New York Board of Education rejected plaintiff Yvette Grasso’s promotion applications for ten administrative and [115]*115supervisory positions from July 1996 to June 1997.1 Plaintiff sued the Board and individually named defendants, claiming that by declining to promote her the Board violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. A jury found that the Board discriminated against plaintiff on the basis of gender when it refused to promote her to one of the ten positions, high school assistant principal. The jury awarded plaintiff $110,000 as compensation for her emotional distress.

The trial judge reduced the jury’s award on a motion for remittitur to $11,000, awarded plaintiff $66,737 in “bifurcated” back pay, and found it had no jurisdiction to award tenure and no jurisdiction to promote plaintiff or award front pay. Defendants appeal, contending that the trial court erroneously allowed the jury to consider a “stray remark,” which the jury improperly relied upon to find discrimination. Defendants further contend that the back pay award was speculative because it assumed that had plaintiff been promoted she would have been rehired after the statutorily required one year appointment. N.J.S.A. 18A:28-7. Plaintiff cross-appeals from the trial court’s denial of front pay and promotion and from the trial court’s remittitur. We affirm the jury’s verdict as reduced by the trial court, and affirm the court’s denial of front pay and promotion, but reverse the back pay award and remand for reconsideration of that issue.

I.

Here are the pertinent facts and procedural history. Plaintiff is a tenured teacher employed by defendant board. She began working for the West New York school district in 1981 as an ESL teacher, teaching English as a second language. She served as head teacher of ESL for five years.

After becoming certified to serve as an administrator, supervisor, or principal, she applied for ten promotional positions within [116]*116the district that were posted from July 1996 through June 1997. Plaintiff was interviewed for every position for which she applied, but each time the Board promoted another.

At the trial of plaintiff’s LAD complaint, defendant Anthony Yankovich, Assistant Superintendent for Personnel, and defendant Dr. Pablo Clausell, Superintendent of Schools, testified regarding the Board’s hiring process. They stated that in 1996, the Board established a formal interview process. Yankovich, Clausell, and the building principal, or some combination thereof, would interview each candidate and complete a form “rating sheet.”

Clausell, Yankovich, and Principal Shroeder interviewed plaintiff for the high school assistant principal position, but the Board ultimately hired Israel Rodriguez effective July 1, 1997. At trial, Yankovich testified that he recommended Rodriguez for the position based upon Shroeder’s recommendation. Yankovich explained as follows:

Q. Do you recall anything that led you to recommend him as the better candidate?
A. Mr. Schroeder's recommendation to me.
Q. You’re saying it was Mr. Schroeder’s—
A. Yeah.
Q. —recommendation?
A. Yeah, I — yeah, because, at that time, he felt he wanted a Hispanic male in there, in the assistant principal position.
Q. You’re saying he said he wanted an Hispanic male?
A. Yeah, he says there’s a need for a bilingual person in the high school.
Q. And he specifically said he wanted a male?
A Well, that’s — yeah—I’m sorry, let me put it this way. He wanted a bilingual person in the high school, but at the conclusion of the interviews, he recommended Israel Rodriguez to me.

Yankovich admitted he had concerns about promoting Rodriguez because he had no high school experience and never served as supervisor or coordinator. But while Rodriguez was only an eighth-grade teacher, he had adult experience working in a community college. Of course, plaintiff had worked in the high school for years and had head teacher and coordinator experience.

[117]*117Of the seven applicants for this position, five including plaintiff and Rodriguez received “recommended” ratings on the interview rating sheets. After the interviews were concluded, Clausell made the final recommendation to the Board.

Defendants defense at trial was limited to asserting that no unlawful discrimination occurred and in fact the district hired the most qualified person for each of the promotional positions for which plaintiff had applied, including the one in which the Board ultimately selected Rodriguez.

Pursuant to the parties’ agreement, the jury’s role was limited to determining whether defendants had unlawfully discriminated against plaintiff, and if so, what damages would fairly compensate plaintiff for her emotional distress. The jury decided that plaintiff proved “by a preponderance of the evidence that she was not hired for a position because the Defendant engaged in unlawful employment discrimination against her due to her status as a[ ] Hispanic female.” The jury also found that defendant did not “articulate or advance legitimate nondiseriminatory reasons for its hiring decisions.” In addition, the verdict sheet required the jury to indicate “which position or positions [plaintiff] failed to obtain due to the discrimination.” In response to this question, the jury checked “High School Assistant Principal for April, 1997,” which was the position filled by Rodriguez.

The jury awarded plaintiff $110,000 “for emotional distress damages she sustained as a proximate result of the conduct of the defendants.” Upon defendants’ remittitur motion, the court reduced this award to $11,000.

Subsequent to the jury verdict, the court considered back pay, front pay and reinstatement. The court awarded plaintiff two years back pay from July 1,1997, the date Rodriguez assumed the position at issue, through June 30, 1999, and additional back pay for the period between June 30,1999 and trial. The court termed the award “bifurcated” back pay. The court also found that it had no jurisdiction to award front pay or to promote and award tenure.

[118]*118II.

We consider each of the arguments raised on the appeal and cross-appeal. Defendants first argue that the trial court committed plain error when it allowed the jury to consider Shroeder’s “stray remarks” to Yankovich that he was looking for a “Hispanic male.” Defendants contend that because there was no evidence that Shroeder’s remarks found their way to the Board, which was the only decision maker, it was plain error not to instruct the jury to disregard the remarks.

Federal courts have held that comments by individuals outside the decision making process are considered stray remarks, which on their own are inadequate to support an inference of discrimination. Walden v. Georgia-Pacific, 126 F.3d 506, 521 (3d Cir.1997), cert, denied, 523 U.S. 1074, 118 S.Ct.

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Related

Grasso v. WEST NEW YORK BD. OF EDUC.
834 A.2d 1026 (New Jersey Superior Court App Division, 2003)

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Bluebook (online)
834 A.2d 1026, 364 N.J. Super. 109, 2003 N.J. Super. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grasso-v-west-new-york-board-of-education-njsuperctappdiv-2003.