somerville racism lawsuit

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

----------------------------------------------------------------------- RODNEY DORSEY, WADE HALL, JR., and TODD VANDERVOORT,

Plaintiffs,

v.

BOROUGH OF SOMERVILLE, ANTHONY HENDERSHOT, PETER HENDERSHOT, KEVIN SLUKA, and MICHAEL HALPERIN,

Defendants.

----------------------------------------------------------------------

x:::::::::::x

Civil Action No. __________ COMPLAINT JURY TRIAL DEMANDED

Sarah Fern Meil 67 Bridge Street P.O. Box 145 Milford, NJ 08848 Phone: (908) 995-7320 Fax: (609) 228-4307 [email protected] Attorney for Plaintiffs

BROPHY & LENAHAN P.C.

Joseph Alexander Brophy, Esq. 2101 Pine Street Philadelphia, PA 19103 (215) 558-7600 (office) (215) 449-3376 (fax) [email protected] Attorney for Plaintiffs

Pro hac vice application to be filed

Case 3:14-cv-03053-PGS-TJB Document 1 Filed 05/13/14 of 22 PageID: 1

2

COMPLAINT

Plaintiffs Rodney Dorsey (“Dorsey”), Wade Hall, Jr., (“Hall”), and Todd Vandervoort

(“Vandervoort”) (collectively, “Plaintiffs”), by and through their attorneys, Sarah Fern Meil,

Esq., and Brophy & Lenahan P.C., for their complaint against Defendants, the Borough of

Somerville (“Somerville”), Anthony Hendershot (“Tony Hendershot”), Peter Hendershot (“Pete

Hendershot”), Kevin Sluka (“Sluka”), and Michael Halperin (“Halperin”) (collectively,

“Defendants”), respectfully allege as follows:

NATURE OF THE ACTION

1. Plaintiffs, each of whom is an African-American employee of the Department of

Public Works in Somerville, New Jersey, have been subjected to a racially hostile work

environment that has spanned at least the last two decades.

2. As set forth in greater detail below, from the mid-to-late 1980’s until January

2014, Plaintiffs were routinely addressed by general foreman Anthony Hendershot (“Tony

Hendershot”) with numerous racial epithets, including “nigger,” “coon,” “moolie,” “monkey,”

“spook” and “jigaboo.” Tony Hendershot spoke to Plaintiffs in this manner on a regular basis,

and escalated this behavior when he became Plaintiffs’ supervisor in or about 2004 or 2005.

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 Superintendent

of Somerville’s Department of Public Works (“DPW”).

3. Somerville’s Administrator, Kevin Sluka (“Sluka”), has allowed a custom of

racially discriminatory behavior to flourish at DPW by displaying utter indifference both to Tony

Hendershot’s behavior and Pete Hendershot’s tolerance of that behavior. On multiple occasions,

from the beginning of Sluka’s term as Administrator in 2007, Sluka was made aware of the


3

racially hostile work environment and had multiple opportunities to take remedial action. But

for years, Sluka did nothing, and the racial harassment continued unabated.

4. Only in January 2014, when Hall informed Sluka that he was in the process of

retaining an attorney, did Sluka take any action with respect to the racial discrimination that

Plaintiffs 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 Plaintiffs had been

subjected to a racially hostile working environment at the Somerville DPW for many years.

Despite that unequivocal finding, to date, Defendants have taken no action to remedy the

situation.

5. While Somerville’s attorney was purportedly investigating the hostile working

environment, Sluka’s assistant, Michael Halperin (“Halperin”), made several threats to Plaintiffs,

as well as threats to witnesses to the discrimination, in an effort to retaliate against Plaintiffs for

making a complaint and to obstruct the investigative process.

6. Because of the extreme and pervasive racist environment Plaintiffs were subjected

to for decades at DPW, and due to the utter indifference displayed to Plaintiffs’ abuse by

Somerville executives, Plaintiffs now bring this complaint against Defendants.

JURISDICTION AND VENUE

7. The court has jurisdiction of the subject matter of this action pursuant to 28

U.S.C. § 1331 because Plaintiffs allege a claim arising under federal law

8. This court has supplemental jurisdiction over Plaintiffs’ state law claims pursuant

to 28 U.S.C. § 1367.


4

9. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because the parties

are domiciliaries of this district and most of the events giving rise to the claims alleged herein

occurred in this district.

PARTIES

10. Rodney Dorsey (“Dorsey”) is a resident of Somerville, NJ, and has been

employed by Somerville since 1985. Dorsey’s current position with Somerville is Parks

Foreman. Dorsey is African-American.

11. Wade Hall, Jr. (“Hall”) is a resident of Princeton, NJ, and has been employed by

Somerville since 1988. Hall currently works for the maintenance department at DPW. Hall is

African-American.

12. Todd Vandervoort (“Vandervoort”) is a resident of North Plainfield, NJ, and has

been employed by Somerville since 1986. Vandervoort’s current position with Somerville is

Sewers Foreman. Vandervoort is African-American.

13. The Borough of Somerville (“Somerville”) is a borough in Somerset County, New

Jersey.

14. Anthony Hendershot (“Tony Hendershot”) was the general foreman of DPW of

Somerville from in or about 2004-2005 through late January/early February 2014, when he

apparently retired. In his position as general foreman, Tony Hendershot was the direct

supervisor of Dorsey and Vandervoort, among others, and also had supervisory authority over

Hall. Prior to being promoted to general foreman, Tony Hendershot was a foreman of DPW, and

had been employed by Somerville since at least the 1980’s.

15. Peter Hendershot (“Pete Hendershot”) is currently the Superintendent of DPW of

Somerville, and is the supervisor of Dorsey, Hall, and Vandervoort, among others. Pete


5

Hendershot is Tony Hendershot’s brother, and, until Tony Hendershot’s apparent retirement, was

his brother’s direct supervisor as well.

16. 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 reports directly to Sluka.

17. Michael Halperin (“Halperin”) is an employee of Somerville who reports directly

to Sluka. After Tony Hendershot’s retirement, Halperin was placed in DPW on an interim basis,

during which he exercised supervisory authority over Dorsey, Hall, and Vandervoort, among

others.

BACKGROUND

Long History of Overt Racism in Somerville

18. Since Plaintiffs were hired in the mid-to-late 1980’s, Somerville, and, in

particular, DPW, has been and continues to be a toxic racist environment for Plaintiffs and for

other African-American DPW employees.

19. The epicenter of the racist conduct directed at Plaintiffs, Tony Hendershot, served

as the direct supervisor of Plaintiffs upon his promotion to general foreman of DPW in or about

2004-2005. Tony Hendershot’s abuse of Plaintiffs began when Plaintiffs were hired in the mid-

to-late 1980’s, escalated once Tony Hendershot became Plaintiffs’ supervisor in or about 2004-

2005, and continued to early 2014, when he apparently retired.

20. Both before and during his supervisory position as general foreman, Tony

Hendershot would regularly refer to African-American employees of DPW, including Plaintiffs,

as “niggers,” “coons,” “spooks,” “moolies,”1 “monkeys” and “jigaboos.” He would directly

1 “Moolie” was apparently short for “moulinyan,” a derogatory term in Italian for blacks.


6

address Plaintiffs and other DPW employees using these epithets, and would also refer to

Plaintiffs using these terms while in conversations with other DPW employees.

21. The racist behavior, however, was not limited to Tony Hendershot. For example,

around 1995, DPW employee Barry Hutchinson, who is Tony Hendershot’s brother-in-law, told

Dorsey that he hoped Dorsey’s home would burn down with his children inside. Hutchinson also

commented that he would “never work for a black man,” and told Dorsey that a “black man

would never be in charge in the Borough [of Somerville].”

22. The racist culture in Somerville even extended beyond DPW. For example, on

one occasion in the late 1980‘s or early 1990’s, Fire Chief Barry Van Horn, who is white, used a

public radio channel to ask for Hall and another African-American employee by referring to

them as his “aces of spades.” On a later occasion, a white dispatcher greeted Hall by saying,

“what’s up, nig?” .

23. Tony Hendershot consistently used his position of authority to abuse Plaintiffs

and other minority DPW employees. As a show of his power over them, Tony Hendershot

pretended to befriend Plaintiffs. For example, on several occasions, he invited Hall to his house

to socialize and play darts; during these gatherings, however, he would refer to Hall as “nigger.”

24. African-American employees of Somerville were frequently given less desirable

work than their white counterparts. For example, Plaintiffs and other African-American

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.


7

Tony Hendershot Racially Abuses Plaintiffs From His New Position of General Foreman 25. In or about 2001, Dorsey was promoted to foreman of Somerville parks, and

Vandervoort was promoted to foreman of Somerville sewers. Upon hearing of Dorsey and

Vandervoort’s promotions, Tony Hendershot commented to Pete Hendershot and others that

Dorsey and Vandervoort “can’t make what I make” in terms of salary, despite the fact that all

three were DPW foremen.

26. In or about 2004 or 2005, the position of general foreman became open. Tony

Hendershot, Dorsey and Vandervoort were among the applicants. Of the applicants, Tony

Hendershot was chosen to become general foreman, a position in which he would report directly

to his brother, DPW Superintendent Pete Hendershot. Tony Hendershot also assumed

supervisory authority over Plaintiffs at this time.

27. In his position as general foreman and Plaintiffs’ supervisor, Tony Hendershot

escalated his racist abuse of Plaintiffs and other African-American employees whom he

supervised. Tony Hendershot’s abusive behavior would often be preceded and/or accompanied

with his consumption of alcoholic beverages while on the job.

28. The typical racial epithets used by Tony Hendershot to refer to Plaintiffs were

“nigger,” “monkey,” “coon,” “spook,” “moolie” or “jigaboo,” Tony Hendershot would typically

use such slurs, directed to or in the presence of Plaintiffs, on several occasions in a given month.

Tony Hendershot’s racist conduct was frequently witnessed by Pete Hendershot, who turned a

blind eye to his brother’s racial abuse of Plaintiffs.

29. When one of the Plaintiffs would do something on the job that pleased Tony

Hendershot, Tony Hendershot’s typical complement was, “you’re one of the smart ones.”

Plaintiffs understood “ones” to mean African-Americans. By contrast, when an African-


8

American employee would do something that Tony Hendershot was dissatisfied with, he would

typically comment, “I haven’t met a smart one yet.” Tony Hendershot made such comments to

each of the Plaintiffs.

30. Another typical racist comment that Tony Hendershot would make to

Vandervoort had to do with where Vandervoort parked in the DPW lot. Tony Hendershot would

typically direct Vandervoort to the back, and comment, “that’s where you belong - in the back.”

31. On another occasion, Tony Hendershot said to Dorsey, “Abraham Lincoln done

freed you years ago and we’re still making fun of you.”

32. Tony Hendershot would also regularly invite his friends from the Fraternal Order

of Eagles to the DPW shop, where he and his friends would frequently make racist dialogue,

jokes, and gestures, often in front of and directed to Plaintiffs and other African-American DPW

employees.

33. For instance, Tony Hendershot and his friends would often salute each other using

the “Heil Hitler” gesture. Additionally, on many occasions, Plaintiffs heard Hendershot and his

friends making racist jokes, such as “Why do Black folks keep chickens in their backyard? To

teach them to walk.” Hendershot and his friends also routinely used racial slurs with regard to

African-Americans, such as “nigger,” “coon,” “moolie,” “monkey,” “spook,” and “jigaboo.”

34. Plaintiffs were not the only targets of Tony Hendershot’s racist behavior. Greg

Paremore, an African-American DPW employee who retired in late 2013, was also a frequent

subject of abuse. For example, Tony Hendershot would refer to Paremore as a “big fat black

nigger,” “black bastard” or “black asshole.”

35. Another target of Tony Hendershot’s abuse was Eddie Collazo, a Hispanic

employee of DPW. Tony Hendershot would typically refer to Collazo as “spic,” “wetback” or


9

“Taco Bell,” refer to him and his family as being “off the boat” and tell him that “15 people live

in your house.”

36. Dorsey and Vandervoort found that, due to Tony Hendershot’s treatment of them,

they did not receive the level of respect as African-American foremen that was given to their

white counterparts. For instance, Dorsey and Vandervoort were discouraged from “writing up”

their white subordinates who committed workplace infractions, even though this was standard

practice before Dorsey and Vandervoort were foremen.

Early Efforts by Plaintiffs to Complain to Somerville Executives About Tony Hendershot

37. Even before Tony Hendershot was promoted to general foreman, Hall complained

to former administrator Ralph “Chick” Sternadori (“Sternadori”) about Tony Hendershot’s

mistreatment of him. Sternadori responded in disbelief, but told Hall that he “wanted to keep

everything in house.”

38. Also in the 2000’s, Hall complained to Pete Hendershot -- the DPW

Superintendent and Tony Hendershot’s immediate supervisor -- regarding his brother’s abusive

and racist behavior. Pete Hendershot asked Tony Hendershot to apologize to Hall, but the

abusive treatment continued nonetheless.

39. In 2006, Dorsey wrote two letters to Somerville administration reporting

discrimination in Somerville. In his first letter, dated April 26, 2006, Dorsey wrote to

Somerville’s Personnel Committee, questioning why a white peer was going to be granted a

salary adjustment that had been denied to Dorsey, and referred to this policy as “discriminating.”

Dorsey received no response to this letter.


10

40. Later that year, on November 8, 2006, Dorsey wrote a letter to Mayor Brian

Gallagher (“Mayor Gallagher”) of Somerville, in which Dorsey complained that black foremen

were being treated worse than their white counterparts. Dorsey wrote, in pertinent part:

It appears that as minority foremen[] we are just an after thought and aren’t 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. Dorsey sent copies of his November 8, 2006 letter to Sternadori and Pete

Hendershot. Again, Dorsey received no response from anyone.

Kevin Sluka Begins as Administrator of Borough of Somerville

42. In or about April 2007, Sluka succeeded Sternadori as the Administrator of

Somerville.

43. Shortly after Sluka first assumed the position as Administrator, he had a meeting

with Dorsey and Vandervoort. During this meeting, Sluka acknowledged the “old boys club”

that existed in Somerville, and assured Dorsey and Vandervoort that the culture in Somerville

would be changed under his watch. Dorsey and Vandervoort understood Sluka to be referring to

the racist culture that existed within DPW. Dorsey gave Sluka a copy of the letters he had

written to various Somerville executives in 2006.

44. Sluka also told Dorsey and Vandervoort that he had an “open door policy,” and

encouraged them to come to him if they ever had any issues.

45. Despite Sluka’s assurances that the culture in Somerville would change, Tony

Hendershot’s treatment of Dorsey and Plaintiffs remained the same, and the racial epithets

continued under Sluka’s watch.

46. Sluka, in fact, has contributed to the racist and hostile work environment. Upon

information and belief, for example, on or about December 23, 2013, Mike Johnson, a temporary


11

African-American DPW employee, was on a ladder assisting with setting up inauguration. Sluka

commented to white DPW foreman Joe Szwarc, “you’d better shine a light on him or have him

open his eyes or smile -- we can’t see him up there.”

47. Sluka regularly refers to Hall as “homeboy,” “homey” or “homes” in

conversation. For instance, Sluka will often greet Hall by saying, “what’s up, homey?”

48. Upon information and belief, Sluka has also directed racist comments toward

Collazo. Specifically, during a blood drive in Somerville in late 2013 or early 2014, Sluka told

Collazo, who is Puerto Rican, that he could not donate blood because his “Spanish blood” was

“dirty” and “no good.”

49. Sluka’s comments toward Plaintiffs have been frequently insensitive and suggest

racist undertones. For example, Sluka has told Vandervoort, the foreman of sewers in DPW, that

Sluka’s “12 year old son could do [Vandervoort’s] job.” Sluka also has told Dorsey that he is

“lucky that he gets paid,” and that he would pay Plaintiffs nothing if he had the opportunity.

50. Similarly, during a conversation with Dorsey about his paycheck being late,

Sluka, in a mocking fashion, offered to lend Dorsey money, saying, “you don’t have enough

money? You want me to lend you some money?” And during the aftermath of Hurricane Sandy

in November 2012, when Plaintiffs were working around-the-clock in terrible conditions for

Somerville, Sluka commented to Vandervoort, “we fed you and put a roof over your heads --

what else could you want?”

Summer 2008: “Sensitivity Training” Following Abusive Incident by Tony Hendershot 51. In the summer of 2008, the day before Dorsey was about to go on a family

vacation, Tony Hendershot, who appeared to be under the influence of alcohol, confronted

Dorsey about pumps in the town pool. Tony Hendershot, in front of other DPW employees,


12

repeatedly called Dorsey a “mother fucker” and a “fucking asshole,” accused Dorsey of not

knowing how to do his job, and threatened to fight Dorsey.

52. The following week, while Dorsey was on vacation, Mayor Gallagher and Sluka

left voicemails for Dorsey inquiring about the incident with Tony Hendershot, but Dorsey was

not able to speak to them about it, as he did not bring his phone on his trip out of the country and

did not realize they had left him voicemails.

53. That same week following Tony Hendershot’s threats against Dorsey, an attorney

conducted “sensitivity training” for the DPW employees (Dorsey, who was on vacation, did not

attend the training). At the end of the training, the attorney assured the DPW employees,

including Hall and Vandervoort, that they could call him to report any hostile work environment

issues.

54. When Dorsey returned from vacation the next week, Sluka told him that Tony

Hendershot had been reprimanded and was now on “thin ice.” However, Tony Hendershot’s

behavior and use of racial epithets on the job continued without punishment.

55. Later in 2008, Dorsey attempted to use Sluka’s “open door policy” to speak to

Sluka about an employment-related issue. Sluka refused to speak to Dorsey, and instructed Pete

Hendershot to “write up” Dorsey for going outside of the “chain of command.” Before Sluka,

Dorsey’s “chain of command” included only Tony Hendershot and Pete Hendershot.

56. The fact that Dorsey was written up for speaking directly to Sluka about a work-

related issue discouraged him from using Sluka’s purported “open door policy,” and caused him

to make no further efforts to follow up with Sluka about Tony Hendershot’s behavior.


13

57. In the meantime, Tony Hendershot’s abusive and racist behavior continued. In or

about 2011, Hall spoke to Sluka about the situation, including the fact that Tony Hendershot

referred to Hall as “nigger” and other racial epithets, but Sluka took no action in response.

Tony Hendershot Tells Hall That His Wife “Sucks The White Man’s Dick”

58. In or about 2011, Mayor Gallagher invited Hall to play with him and Sluka in the

Mayor’s Challenge golf tournament.

59. After Hall joined Mayor Gallagher and Sluka for the golf tournament, Tony

Hendershot escalated his racial abuse of Hall, and Pete Hendershot also began to mistreat Hall on

the job.

60. Tony Hendershot’s abuse of Hall went to new levels in the summer of 2012. In or

about June 2012, when Hall was shampooing a rug in Borough Hall, Tony Hendershot, who

appeared to be intoxicated, confronted Hall and told him, “your wife sucks Kevin Sluka’s dick.

She sucks the white man’s dick.”

61. Hall promptly reported to Pete Hendershot and Sluka what Tony Hendershot had

said to him, and reiterated to Sluka the types of racial abuse that Tony Hendershot had subjected

him to on the job, including his frequent use of racial slurs such as “nigger” to describe Hall and

Plaintiffs. Hall then asked Sluka for the card of the attorney who conducted the sensitivity

training in 2008, but Sluka refused to give Hall the card, telling Hall that he would “handle it in

house.” Sluka told Hall that he would investigate the situation, but Sluka again took no action in

response.

62. While Sluka was purportedly handling Hall’s complaint “in house,” Tony

Hendershot continued to abuse Hall and other African-American employees. For instance, on


14

one occasion in or about July 2012, Tony Hendershot called Hall a “spook” while Hall was

performing his job.

63. Pete Hendershot also began to actively mistreat Hall during this time, repeatedly

threatening to fire him for having spoken to Sluka about Tony Hendershot. For example, in

Januray 2013, Pete Hendershot said to Hall, “I'm in charge of you now so you can't run to Kevin

Sluka or I will fire you.” Pete Hendershot also mocked Hall by telling a fire department official,

“don’t say nothing to Wade [Hall] cause he’ll run to Kevin [Sluka].”

64. Throughout 2013, Tony Hendershot continued his racist treatment of Plaintiffs

and other African-American employees of DPW. For instance, upon information and belief, on

one occasion, Tony Hendershot was discussing ordering gloves with other DPW employees, and

said, “you better order the dark ones. They like the dark ones a lot.”

65. On one occasion in the summer of 2013, Hall and Tony Hendershot were

conversing when Tony Hendershot noticed that the pants of Darren Manfreade, a white DPW

employee, were low. Tony Hendershot commented to Hall, “Darren looks like a wigger.” Hall

asked Tony Hendershot what he meant, and he responded, “a white person acting like a nigger . .

. a nigger like you with his pants falling down.”

Hall Complains To Mayor Gallagher

66. In the late summer or early fall of 2013, Hall spoke to Mayor Gallagher regarding

the racial abuse he had suffered at the hands of Tony Hendershot. Hall told the mayor about

Tony Hendershot’s prior racist comments, including his use of the word “nigger” and his

comment about Hall’s wife “sucking the white man’s dick.”

67. Mayor Gallagher told Hall that such conduct could not be tolerated, and that he

would call Sluka and “handle this quick.” Sluka called Hall a day or two later, and asked how he


15

was feeling (Hall had recently suffered an injury), but did not mention anything about Hall’s

complaint about Tony Hendershot’s racially abusive behavior, or anything about a conversation

with Mayor Gallagher.

First Snowstorm of 2013: Additional Racial Epithets by Tony Hendershot

68. On December 14, 2013, during the first major snowstorm of the winter, DPW

employees, including Tony Hendershot, Pete Hendershot, Dorsey and Hall, were performing

snow removal duties.

69. Dorsey was attempting to bring a piece of equipment into the garage, which

apparently angered Tony Hendershot. Upon information and belief, once Dorsey left, Tony

Hendershot, who was apparently intoxicated, told a group of white DPW employees, including

Pete Hendershot, “I’m tired of catering to these mother fucking niggers.”

70. In response, Pete Hendershot told Hall to take Tony Hendershot out and buy him

coffee. Once Tony Hendershot got into a truck with Hall, he turned to Hall and said, “Bro, I love

you, but you’re a nigger.” Tony Hendershot also said, “I’m going to fire all of you

motherfucking niggers when I’m in charge,” and repeated, “I love you, but you’re a nigger.”

71. Shortly after the December 14 incident, Dorsey spoke to Sluka’s assistant,

Halperin, about Tony Hendershot’s racist diatribe during the snowstorm. Halperin

acknowledged that he already knew about the incident, and assured Dorsey that Sluka knew what

had happened. Hall had a similar conversation with Halperin around this time, during which

Halperin told Hall that Sluka knew what had happened during the snowstorm.

72. On or about January 16, 2014, Sluka and Hall spoke about the snowstorm incident

involving Tony Hendershot. Hall told Sluka, “don’t worry about it, Kevin - I’ve got a lawyer


16

now.” Only in response to Hall’s threat of legal action did Sluka finally take any action, hiring

an attorney to represent Somerville.

73. In the meantime, Tony Hendershot continued to work, and continued to abuse

Plaintiffs and other African-American employees. For instance, in January 2014, Tony

Hendershot used the term “wigger” in a conversation with Dorsey to refer to a white employee.

74. Later that month, on or about January 21, 2014, one of Tony Hendershot’s friends

from the Eagles Club, Ken Whalen, who was at DPW as a guest of Tony Hendershot’s, got into a

dispute with Vandervoort while Vandervoort was attempting to move a truck into the yard.

Whalen told Vandervoort, “Don’t hit me [with your truck] -- Martin Luther King Day was

yesterday and I’ll kick your ass.”

Harassment of Plaintiffs Continues Despite Investigation

75. Although Sluka and Somerville finally hired an attorney in January 2014 to look

into Tony Hendershot’s behavior, harassment of the Plaintiffs continued.

76. In late January or early February 2014, Tony Hendershot apparently opted to take

“early retirement” as a result of the discrimination complaint.

77. Following his brother's departure, Pete Hendershot began to retaliate against Hall.

For example, on Sunday, February 9, 2014, Pete Hendershot called Hall and told him that he

blamed him for his brother getting “fired,” and threatened to see to it that Hall would be fired.

78. Later that week, Pete Hendershot was injured, and is currently not working while

he recovers from injury.

79. In response, Sluka tapped his assistant, Mike Halperin, to oversee DPW, despite

Halperin’s complete lack of experience with DPW operations.


17

80. Halperin used his position as temporary head of DPW to harass and retaliate

against Plaintiffs, particularly Dorsey, for having complained about discrimination in the

Borough.

81. Halperin stated on two different occasions to Dorsey that he would not have a job

for much longer. Halperin linked this threat to the Borough’s hiring of a consultant to oversee

DPW.

82. Specifically, Halperin told Dorsey, the Parks foreman, that he “won't have to

worry about parks when the new guy gets here – he’s a parks expert.” A couple of days later,

Halperin told Dorsey, “you’re not going to have a job much longer once the new guy gets here.”

83. In March 2014, Halperin also took Vandervoort aside and explained to him that

Vandervoort’s job was safe, but also said that Dorsey and Hall were not looked upon favorably

by Somerville executives, implying that their jobs were not safe.

84. Halperin also threatened African-American DPW employee Mike Johnson with

regard to his interview with the attorney Somerville had hired to look into Plaintiffs’ claims.

Specifically, on March 13, 2014, in the presence of Dorsey, Hall, and others, Halperin told

Johnson, “if you're smart, you'll keep your mouth shut and say nothing” to the attorney. Dorsey

and Hall also understood this comment to be directed to them, as they had interviews scheduled

with Somerville’s attorney as well.

85. Halperin has also commented on Dorsey’s race, telling Dorsey, in the presence of

Vandervoort and others, that he should look into government programs for “underprivileged

blacks” if he wanted to undertake a project to rehabilitate a building.

86. Finally, Halperin has used his temporary position at DPW to harass Dorsey and

Hall for job-related functions. For instance, when Dorsey caused minor damage to a fence while


18

plowing snow, Halperin initially threatened to call the police and report a hit-and-run, and then

instructed Dorsey to write himself up for the incident.

87. Additionally, when Hall had to miss work due to a back injury, Halperin

threatened to have people check at Hall's house to make sure he was really there.

88. The pattern of harassment and threats made by Halperin, coupled with his racial

comment about “underprivileged blacks,” has continued to create a hostile work environment for

Plaintiffs to this day.

CLAIMS FOR RELIEF

FIRST COUNT

Civil Rights Act of 1866 (42 U.S.C. § 1981 et seq.; 42 U.S.C. § 1983 et seq.) Hostile Working Environment

89. Plaintiffs repeat and reallege the above paragraphs as though fully set forth

herein.

90. Defendants subjected Plaintiffs to a hostile working environment based on race.

91. Defendants’ actions were unwelcome to Plaintiffs.

92. The harassment suffered by Plaintiffs was severe enough to make a reasonable

person of color believe that his working environment was hostile or abusive.

93. The harassment suffered by Plaintiffs was pervasive enough to make a reasonable

person of color believe that his working environment was hostile or abusive.

94. Plaintiffs believed their working environment to be hostile or abusive as a result

of Defendants’ conduct.

95. Defendants, acting under color of law, by policy or custom of the Borough of

Somerville, discriminated against Plaintiffs by creating a hostile working environment based on

race.


19

96. Defendants violated Plaintiffs’ rights under 42 U.S.C. § 1981 et seq.

97. Defendants violated Plaintiffs’ rights under the Fourteenth Amendment of the

United States Constitution.

98. Defendants’ actions caused harm to Plaintiffs.

SECOND COUNT

Civil Rights Act of 1866 (42 U.S.C. § 1981 et seq.; 42 U.S.C. § 1983 et seq.) Retaliation


herein.

100. Plaintiffs engaged in protected conduct when they complained about racist actions

of Defendants and spoke to Somerville’s counsel about the hostile working environment.

101. Defendants, acting under color of law, retaliated against Plaintiffs for engaging in

protected behavior.

102. Defendants, acting under color of law, retaliated against Plaintiffs for opposing

discriminatory practices.

103. Defendants, acting under color of law, retaliated against Plaintiffs for

participating in an investigation into discriminatory practices.

104. Defendants took action against Plaintiffs that might well have have dissuaded a

reasonable worker from making or supporting a charge of discrimination.

105. Defendants violated Plaintiffs’ rights under 42 U.S.C. § 1981 et seq.

106. Defendants violated Plaintiffs’ rights under the Fourteenth Amendment of the

United States Constitution.



20

THIRD COUNT

Civil Rights Act of 1866 (42 U.S.C. § 1985 et seq., 42 U.S.C. § 1983 et seq.) Conspiracy


herein.

99. Defendants, acting under color of law, conspired to deprive Plaintiffs of their 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.


FOURTH COUNT

New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) Hostile Working Environment


herein.

102. Defendants subjected Plaintiffs to a hostile working environment based on race.

103. Defendants Tony Hendershot, Pete Hendershot, Kevin Sluka and Mike Halperin

aided and abetted Defendant Borough of Somerville in subjecting Plaintiffs to a hostile working

environment.


FIFTH COUNT

New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) Retaliation


herein.

106. Plaintiffs engaged in protected conduct when they complained about racist actions


21

of Defendants and spoke to Somerville’s counsel about the hostile working environment.

107. Defendants retaliated against Plaintiffs for opposing discriminatory practices.

108. Defendants retaliated against Plaintiffs for participating in an investigation into

discriminatory practices.

109. Defendants retaliated against Plaintiffs for engaging in protected behavior.


PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand judgment against Defendants, for:

A. Compensatory damages;

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.


22

JURY TRIAL DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable. s/ Sarah Fern Meil Sarah Fern Meil 67 Bridge Street P.O. Box 145 Milford, NJ 08848 Phone: (908) 995-7320 Fax: (609) 228-4307 [email protected]

Attorney for Plaintiffs - and - BROPHY & LENAHAN P.C.

Joseph Alexander Brophy, Esq. 2101 Pine Street Philadelphia, PA 19103 Phone: (215) 558-7600 Fax: (215) 449-3376 [email protected] Pro hac vice application to be filed Dated: May 13, 2014


somerville racism lawsuit

Documents