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Terry v. Mercer County Board of Chosen Freeholders

Decided: April 18, 1980.

GENEVA TERRY, HELEN PAPP AND EDITH SAVAGE, COMPLAINANTS-RESPONDENTS,
v.
MERCER COUNTY BOARD OF CHOSEN FREEHOLDERS AND MERCER COUNTY YOUTH HOUSE, RESPONDENTS-APPELLANTS



On Appeal from the Division of Civil Rights.

Fritz, Kole and Lane.

Per Curiam

[173 NJSuper Page 251] Appellants appeal the decision of the Director of the Division on Civil Rights upholding complainants' allegations that their

employer, Mercer County Youth House, discriminated against them on the basis of sex, as prohibited by N.J.S.A. 10:5-4. The Director found that complainants were paid a lower salary than males employed in the same capacity, they were required to perform housekeeping duties not required of male supervisors and they were denied equal promotional opportunities.

On appeal appellants raise the following issues:

I. WERE THE COMPLAINTS BARRED BY THE STATUTE OF LIMITATIONS, N.J.S.A. 10:5-18, OR, IN THE ALTERNATIVE, WERE DAMAGES PRECLUDED FOR THOSE DISCRIMINATORY ACTS WHICH OCCURRED BEFORE 180 DAYS BEFORE THE COMPLAINTS WERE FILED?

II. WERE DIFFERENT SALARY SCALES FOR BOYS' SUPERVISORS AND GIRLS' SUPERVISORS WARRANTED BY THE REAL DIFFERENCES IN DUTIES BETWEEN THE TWO POSITIONS?

III. DID THE DIVISION ERR IN ORDERING THE ELIMINATION OF ANY DISTINCTION BETWEEN THE TWO POSITIONS, WHERE SEX WAS A "BONA FIDE OCCUPATIONAL QUALIFICATION" FOR EACH POSITION?

IV. DID THE DIVISION ERR IN AWARDING COMPLAINANTS EXTRA COMPENSATION FOR THEIR ADDITIONAL DUTIES?

V. DID THE DIVISION ERR IN AWARDING COMPLAINANTS BACK PAY FOR WHAT THEY WOULD HAVE RECEIVED HAD THEY BEEN PROMOTED TO A SENIOR SUPERVISORY POSITION IN 1975?

VI. DID THE DIVISION ERR IN AWARDING HUMILIATION DAMAGES?

VII. DID THE DIVISION ERR IN MANDATING THAT COMPLAINANTS BE PROMOTED TO THE SENIOR SUPERVISORY POSITION AS SOON AS A VACANCY OCCURRED, REGARDLESS OF THE CIVIL SERVICE "RULE OF THREE"?

Having carefully reviewed Points I, II, IV, V and VI, we conclude the Director's decision "is supported by sufficient credible evidence on the record as a whole." R. 2:11-3(e)(1)(D). Among ...


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