The three-count Complaint against Newark-based Continental Auto Parts alleges multiple violations of the New Jersey Law Against Discrimination (LAD), including age-based discrimination, race-based discrimination, and making unlawful pre-employment inquiries.
“The Division on Civil Rights brings this action alleging that Continental Auto Parts engaged in unlawful discrimination in connection with its screening of applicants and hiring of delivery drivers, and that it engaged in unlawful inquiries during the job application process,” reads the Division’s Complaint, which was filed last week in the Law Division of Superior Court in Mercer County.
According to the Complaint, Anthony Sturgis of Lindenwold, Camden County, responded to a “driver wanted” ad placed on Craigslist by Continental Auto Parts on Nov. 28, 2012. In addition to its Newark headquarters, Continental had a facility in Mount Laurel, Burlington County, at the time Sturgis applied for employment, as well as facilities in Pennsylvania and New York.
The Craigslist ad encouraged applicants to respond to Continental’s Mount Laurel facility, and Sturgis did so immediately, submitting his resume on-line.
The resume indicated that he had obtained his Associate’s Degree in Criminal Justice, and had worked for many years as a delivery driver and in the security industry.
Within an hour, Sturgis received a telephone call from Continental’s Mount Laurel branch manager. The branch manager appeared “enthusiastic” in his conversation with Sturgis, according to the Division complaint, and Sturgis was invited to visit the Mount Laurel facility for a face-to-face meeting the next day.
Sturgis alleged that, although the branch manager sounded interested in hiring him when they spoke by phone, his demeanor was markedly different when Sturgis presented himself in person.
Sturgis also told Division investigators that the branch manager asked him his age and about his state of health. Both questions are prohibited in such a context by the LAD.
Although Sturgis reported being told he would receive a follow-up call to arrange a second interview after meeting with the Mount Laurel branch manager, no such interview materialized. Sturgis made several subsequent telephone calls to Continental, but was never again contacted by the company. Continental has denied engaging in discriminatory activity.
During an investigation of Sturgis’ allegations, the Division asked that Continental provide copies of all advertisements it had placed for delivery drivers. The company responded that it had not placed any ads — including during the time Sturgis submitted his resume in November 2012.
The Division subsequently subpoenaed Craigslist’s records, and documented that Continental had placed a help wanted ad for delivery drivers in November 2012. It was the ad to which Sturgis responded. When confronted with documentation that Continental had in fact placed an ad for route drivers in November 2012, a company representative blamed the discrepancy on a “disconnect” between the Mount Laurel branch and human resources personnel at Continental’s headquarters.
The Division investigation determined that, after interviewing and not hiring Sturgis at the end of 2012 – and not hiring at least four other qualified, responding driver applicants who ranged in age from 43 to 61 — Continental continued to solicit driver applications for its Mount Laurel location in early 2013.
Specifically, the company placed the same driver wanted ad in January 2013 and February 2013 that Sturgis had answered in November 2012. Shortly thereafter, Continental hired two new delivery drivers for its Mount Laurel facility – the first in March 2013, and the second in April 2013.
Both new hires were younger than Sturgis – they were aged 37 and 28, respectively — and both were non-African-American.
Continental acknowledged during the Division’s investigation that there were no African-Americans working at its Mount Laurel facility. (Continental has since closed its Mount Laurel facility and relocated its operations to a site in Pennsauken, Camden County.)
The Division’s Complaint against Continental seeks an order from the court directing that Continental cease its allegedly discriminatory hiring practices, and directing that the company submit to training and monitoring by the Division for a period of two years.
In addition, the Complaint seeks monetary relief for Sturgis and other “similarly situated” applicants who sought employment with Continental for “losses suffered as a result of discrimination against them as alleged in this complaint.” The relief requested includes, but is not limited to, back pay, front pay, lost benefits and interest.
The Complaint also seeks compensatory damages for Sturgis and similarly situated Continental applicants for “emotional distress and mental pain and humiliation,” and seeks an award of punitive damages to the Division “because of the intentional and willful nature” of Continental’s conduct.
Deputy Attorney General James Michael, assigned to the Division of Law’s Civil Rights Section, is handling the Continental Auto Parts matter on behalf of the Division on Civil Rights.
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