Professional Documents
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COMPLAINT
Plaintiff Gregory Paremore (Paremore or Plaintiff), by and through his attorneys,
Sarah Fern Meil, Esq., and Brophy & Lenahan P.C., for his complaint against Defendants, the
Borough of Somerville (Somerville), Anthony Hendershot (Tony Hendershot), Peter
Hendershot (Pete Hendershot), and Kevin Sluka (Sluka), (collectively, Defendants),
respectfully alleges as follows:
NATURE OF THE ACTION
1.
Department of Public Works in Somerville, New Jersey, was subjected to a racially hostile
work environment that began on his first day on the job in 1982, and ended only once he retired
in September 2013. As set forth in greater detail below, from the early 1980s until September
2013, Plaintiff worked in an environment where his co-workers and supervisors openly used
racial epithets, such as nigger, coon, moolie, monkey, spook and jigaboo.
2.
Tony Hendershot would also use this racist language regardless of who
was in his vicinity, including his brother and supervisor, Peter Hendershot (Pete Hendershot),
the former Superintendent of Somervilles Department of Public Works (DPW).
4.
informed Sluka that he was in the process of retaining an attorney due to the racist working
environment, did Sluka take any action with respect to the racial discrimination that the
African-American employees of DPW had been subject to for decades. Faced with the
possibility of legal action, Somerville hired an attorney to represent it in an investigation into
the racial harassment. That investigation took more than three months to complete and
conclusively determined that African-American employees of DPW had been subjected to a
racially hostile working environment at the Somerville DPW for many years.
6.
beyond cavil that Tony Hendershot used inappropriate racial comments in the workplace, and
that it was clear beyond dispute that the DPW Superintendent, Pete Hendershot, often
witnessed this inappropriate behavior. The investigator concluded, [t]hat such conduct could
have occurred in the 21st century in a New Jersey municipality is outrageous . . . .
7.
subjected to for decades at DPW, and due to the utter indifference displayed to Paremores
abuse by Somerville executives, Paremore now brings this complaint against Defendants.
The court has jurisdiction of the subject matter of this action pursuant to
28 U.S.C. 1331 because Plaintiff alleges a claim arising under federal law.
8.
This court has supplemental jurisdiction over Plaintiffs state law claims
parties are domiciliaries of this district and most of the events giving rise to the claims alleged
herein occurred in this district.
PARTIES
10.
and was employed by Somerville as a driver and laborer in the Somerville DPW from 1982
until 2013. Paremore is African-American.
11.
DPW of Somerville from about 2004-2005 through late January or early February 2014, when
he retired. In his position as general foreman, Tony Hendershot had supervisory authority over
Paremore. Prior to being promoted to general foreman, Tony Hendershot was a foreman of
DPW, and had been employed by Somerville since at least the 1980s.
13.
Somerville from in or about 2001 until his termination in or about May or June 2014. Pete
Hendershot had supervisory authority over Paremore. Pete Hendershot is Tony Hendershots
brother, and, until Tony Hendershots retirement, was his brothers direct supervisor as well.
14.
Kevin Sluka (Sluka) has been the Administrator and Clerk of Somerville
since 2007. In his role as Administrator and Clerk, Sluka is ultimately the final decisionmaker
in charge of DPW, and Pete Hendershot reported directly to Sluka.
BACKGROUND
Long History of Overt Racism in Somerville
18.
From when Paremore was hired in 1982 until at least 2014, when Tony
Hendershot retired and Pete Hendershot was terminated, Somerville was a toxic racist
environment for Paremore and for other African-American DPW employees.
19.
Paremore was immediately thrust into this racist environment on his very
first day of work, on or about February 22, 1982. While Paremore was attempting to complete
the standard hiring procedure for new employees, a white employee of Somerville, Al Bayit,
said to Paremore, nigger, get to the back of the line. Paremore was shocked and deeply hurt
by this comment, which was only a hint at the work environment that he was about to be
exposed to.
20.
DPW employees were members of the Fraternal Order of Eagles (the Eagles Club), a social
club with a branch in Bridgewater, New Jersey. Upon information and belief, membership in
the Bridgewater Eagles Club is exclusive to white men, and to join the Bridgewater Eagles
Club, a potential member must vow that he will never allow a person of color into the Eagles
Club.
21.
Hendershot, was one such member of the Eagles Club, as was his brother, DPW Superintendent
Pete Hendershot. Tony Hendershot served as the direct supervisor of Paremore upon his
promotion to general foreman of DPW in or about 2004-2005, and Pete Hendershot served as
Tony Hendershots direct supervisor.
22.
late 1980s, escalated once he became the supervisor of Paremore and other African-American
employees in or about 2004-2005, and continued to early 2014, when he retired.
23.
Both before and during his supervisory position as general foreman, Tony
The racist behavior, however, was not limited to Tony Hendershot. For
example, on one occasion in the late 1980s or early 1990s, Fire Chief Barry Van Horn, who is
white, used a public radio channel to ask for two African-American employees by referring to
them as his aces of spades. On a later occasion, a white dispatcher greeted an AfricanAmerican employee by saying, whats up, nig?
Moolie was apparently short for moulinyan, a derogatory term in Italian for blacks.
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26.
Paremore was working to set up Somervilles Christmas decorations, and had a conversation
with a white shopkeeper in the town who was active in Somervilles government. During this
conversation, Paremore was explaining his upcoming retirement to the shopkeeper. In
response, and in the presence of another African-American DPW employee, the shopkeeper
commented to Paremore, I guess thats what you call nigger rich.
27.
got enough money and you dont need to work that he did not make towards Caucasian
DPW employees.
28.
desirable work than their white counterparts. For example, Paremore and other AfricanAmerican employees were generally given manual labor assignments, as opposed to
assignments involving equipment. This was significant because in order to be promoted to
foreman, a DPW employee needed to pass equipment operating tests.
29.
Hendershot, was also a member of the Eagles Club, was Paremores supervisor until
Rasimowiczs retirement in 2005. Rasimowicz would make demeaning comments to Paremore,
telling Paremore that he was a nobody.
30.
Paremore was never promoted during his thirty-plus years on the job for
the Somerville DPW. On occasions when Paremore asked Pete Hendershot for a raise, Pete
Hendershots usual response was, you dont need any more money you have enough.
Hendershot, who turned a blind eye to his brothers racial abuse of the African-American
employees of DPW.
33.
the job that Tony Hendershot was dissatisfied with, he typically commented, I havent met a
smart one yet. Paremore understood one to be referring to African-Americans. By contrast,
if an African-American employee did something that pleased Tony Hendershot, he commented,
youre one of the smart ones.
34.
in the DPW lot, Tony Hendershot directed him to the back, and commented, thats where you
belong - in the back.
35.
DPW. Tony Hendershot referred to this employee as spic, wetback or Taco Bell,
referred to him and his family as being off the boat and told him that 15 people live in your
house.
36.
Tony Hendershot also regularly invited his friends from the Bridgewater
Eagles Club to the DPW shop, where he and his friends frequently made racist dialogue, jokes,
and gestures, often in front of and directed to Paremore and other African-American DPW
employees.
37.
For instance, Tony Hendershot and his friends often saluted each other
using the Heil Hitler gesture. Additionally, on many occasions, Paremore heard Hendershot
and his friends making racist jokes. Hendershot and his friends also routinely used racial slurs
with regard to African-Americans, such as nigger, coon, moolie, monkey, spook,
and jigaboo.
38.
his African-American employees. For example, on several occasions, he invited an AfricanAmerican employee to his house to socialize and play darts; during these gatherings, however,
he referred to this employee as nigger.
Early Efforts by African-American Employees to Complain to Somerville
Executives About Tony Hendershot
37.
Hendershot -- who was then the DPW Superintendent and Tony Hendershots immediate
supervisor -- regarding his brothers abusive and racist behavior. Pete Hendershot asked Tony
Hendershot to apologize to the employee, but the abusive treatment continued nonetheless.
39.
a letter to Mayor Brian Gallagher (Mayor Gallagher) of Somerville, in which the general
foreman complained that black foremen were being treated worse than their white counterparts.
The general foreman wrote, in pertinent part:
It appears that as minority foremen[] we are just an after thought
and arent given the same opportunities as our counterparts were.
Now that we hold these positions and with the advent of minorities
into these positions it appears the opportunities no longer exist
41.
2006 letter to Sternadori and Pete Hendershot. He received no response from anyone.
Kevin Sluka Begins as Administrator of Borough of Somerville
42.
of Somerville.
43.
meeting with two African-American general foremen. During this meeting, Sluka
acknowledged the old boys club that existed in Somerville, and assured the general foremen
that the culture in Somerville would be changed under his watch. The general foremen
understood Sluka to be referring to the racist culture that existed within DPW. Sluka also
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received a copy of the letter that the general foreman had written to various Somerville
executives in 2006.
44.
Tony Hendershots treatment of the African-American employees of DPW remained the same,
and the racial epithets continued under Slukas watch, despite several complaints that were
made to Sluka, as outlined below.
Summer 2008: Sensitivity Training Following Abusive Incident by
Tony Hendershot
51.
Despite (and perhaps because of) the rampant racism in Somerville and
within the Somerville DPW, before the investigation of racism began in early 2014, Somerville
employees had on only a single occasion been trained on preventing harassment and racism in
the workplace.
52.
they were never properly trained on harassment and/or discrimination under any federal, state
or municipal law, regulation or policies.
53.
The single training session occurred in the summer of 2008. The week
prior to the training, Tony Hendershot, who appeared to be under the influence of alcohol,
berated one of his African-American general foreman, calling him a mother fucker and a
fucking asshole.
54.
Upon information and belief, Mayor Gallagher and Sluka were both aware
of Tony Hendershots behavior, and this was what precipitated the training session.
55.
DPW employees. At the end of the training, the attorney assured the DPW employees that they
could call him to report any hostile work environment issues. This single session was the only
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mandatory anti-harassment training that was given to DPW employees during Paremores 30plus years of employment with Somerville.
56.
Following the training, Sluka told the general foreman in question that
Tony Hendershot had been reprimanded and was now on thin ice, but Tony Hendershots
behavior and use of racial epithets on the job continued without punishment.
57.
about the situation, including the fact that Tony Hendershot referred to him as nigger and
other racial epithets, but Sluka took no action in response.
58.
American employee that the employees wife sucks Kevin Slukas dick. She sucks the white
mans dick. The employee promptly reported this behavior to Sluka, and reiterated the types
of racial abuse that Tony Hendershot had subjected him and other African-American employees
on the job, including his frequent use of racial slurs such as nigger to describe the AfricanAmerican employees whom he supervised
59.
the card of the attorney who had previously conducted the sensitivity training, but Sluka refused
to share the attorneys name, telling the employee that he would handle it in house. Again,
Sluka took no action in response.
60.
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Darren looks like a wigger. When asked to elaborate what he meant by wigger, Tony
Hendershot explained, a white person acting like a nigger . . . a nigger like you with his pants
falling down.
61.
Paremores last day on the job before his retirement was September 1,
2013. While DPW money was spent on a retirement party for a white employee who retired the
same day, nothing was done by DPW to celebrate Paremores retirement.
Faced With The Threat Of A Lawsuit, Somerville Hires An Attorney To Investigate
61.
an attorney to help them end the racist behavior they had been subjected to. Only at this time
did Sluka and Somerville take any action concerning the harassment, hiring an attorney to
represent Somerville.
62.
one African-American employee reported that he heard Tony Hendershot make numerous
derogatory comments to Greg Paramore [sic], a former employee who is also AfricanAmerican. [Tony] Hendershot referred to Paramore [sic] as a big fat black nigger, black
asshole, etc. Somervilles attorney, however, did not bother to interview Paremore after
hearing about the reported abuse.
63.
that it was clear beyond cavil that Tony Hendershot used inappropriate racial comments in the
workplace, and that it was clear beyond dispute that the DPW Superintendent, Pete
Hendershot, often witnessed this inappropriate behavior. The investigator concluded, [t]hat
such conduct could have occurred in the 21st century in a New Jersey municipality is
outrageous . . . .
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Plaintiff repeats and realleges the above paragraphs as though fully set
forth herein.
65.
66.
67.
race.
reasonable person of color believe that his working environment was hostile or abusive.
68.
reasonable person of color believe that his working environment was hostile or abusive.
69.
72.
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SECOND COUNT
Civil Rights Act of 1866 (42 U.S.C. 1985 et seq.)
Conspiracy
74.
Plaintiff repeats and realleges the above paragraphs as though fully set
forth herein.
75.
civil rights under 42 U.S.C. 1981 et seq., 42 U.S.C. 1983 et sq., and the Fourteenth
Amendment of the United States Constitution.
76.
77.
Plaintiff repeats and realleges the above paragraphs as though fully set
forth herein.
78.
79.
race.
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B. Consequential damages;
C. Punitive damages;
D. Interest, prejudgment and postjudgment;
E. Costs of suit;
F. Attorneys fees;
G. Equitable relief;
H. Such other relief as the Court deems just and equitable.
JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
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