Case: Hester v. New Jersey Transit

ESX-L-2614-09 | New Jersey state trial court

Filed Date: March 26, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

This case involving minorities and women employed at the New Jersey Transit was filed on March 26, 2009, in the Superior Court of New Jersey, Essex County. The plaintiffs, represented by private counsel, sought monetary and injunctive relief, claiming that defendants engaged in a continuing pattern and practice of harassment, disparate treatment, discrimination and retaliation against minority employees (male and female), thereby violating state antidiscrimination law.The complaint alleged that…

This case involving minorities and women employed at the New Jersey Transit was filed on March 26, 2009, in the Superior Court of New Jersey, Essex County. The plaintiffs, represented by private counsel, sought monetary and injunctive relief, claiming that defendants engaged in a continuing pattern and practice of harassment, disparate treatment, discrimination and retaliation against minority employees (male and female), thereby violating state antidiscrimination law.

The complaint alleged that defendants engaged in discriminatory and retaliatory conduct toward minority employees, such as using racial slurs towards minority employees, thereby creating an hostile work environment; that defendants engaged in unfair and harsher discipline towards minority and female employees, that defendants retaliated against employees who complain or resist the discriminatory practices, that individuals who cooperated with the defendants were treated more favorably, that defendants failed to have or enforce an anti-harassment and anti-retaliation policy, and that defendants failed to supervise employees to ensure compliance with policies.

The requested relief included compensatory damages, punitive damages, and injunctive relief in the form of promotions as well as the removal of individual defendants from the office, as well as attorneys fees and costs.

Plaintiffs and defendants negotiated a settlement agreement in late September, 2009, awarding plaintiffs $5,800,000 (but no additional costs or attorneys' fees). Defendants also agreed to reinstate one plaintiff back to his former position as a detective in the New Jersey Transit Police Department, to train employees on equal employment opportunity practices, to pay mediation expenses, and to appoint for two years an ombudsman -- a New Jersey Transit employee chosen by New Jersey Transit and is not under the control of its police department, to ensure complaints of discrimination and retaliation are investigated fairly.

Summary Authors

Alice Liu (10/4/2012)

People


Attorneys(s) for Plaintiff

Smith, Nancy Erika (New Jersey)

Attorneys(s) for Plaintiff

Smith, Nancy Erika (New Jersey)

Documents in the Clearinghouse

Document

ESX-L-2614-09

Docket [Essex County Superior Court]

Aug. 28, 2012

Aug. 28, 2012

Docket

ESX-L-2614-09

Second Amended Complaint and Jury Demand

Hester v. N.J. Transit

Nov. 23, 2011

Nov. 23, 2011

Complaint

ESX-L-2614-09

Negotiated Settlement Agreement and General Release

Hester v. N.J. Transit

Sept. 24, 2012

Sept. 24, 2012

Settlement Agreement

Resources

Docket

Last updated June 27, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 26, 2009

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs, men and women of African-American or Hispanic descent, are all current and former employees of New Jersey Transit Police department.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Jersey Transit , State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

State law

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $5,800,000

Order Duration: 2010 - 2012

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Position Restored

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reinstatement

Retaliation Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Medical Exam / Inquiry

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

Male

National Origin/Ethnicity:

Hispanic