April 17, 2008
JANET ROBINSON, COMPLAINANT-APPELLANT,
C.A.R.E.S. SURGICENTER, LLC, RESPONDENT-RESPONDENT.
On appeal from Division on Civil Rights, Docket No. EM14WB-52252-E.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued April 8, 2008
Before Judges Skillman and Yannotti.
Complainant-appellant Janet Robinson appeals from the Director of the Division on Civil Rights' finding of no probable cause to credit her allegations of unlawful discrimination on the basis of age and disability by her employer, respondent C.A.R.E.S. Surgicenter, Inc., which operates a surgical clinic in New Brunswick. Appellant's allegations of unlawful discrimination were based on respondent's reduction of her salary from $33.95 to $28.00 per hour after she was transferred, at her request for medical reasons, from the position of operating room nurse, which involved a substantial amount of standing, to the position of pre-admission testing nurse, which is a desk job. The Director's finding of no probable cause was based on the investigatory findings and conclusions of the Division's staff. The Division concluded based on this investigation that appellant's salary had been "adjusted commensurate with her current duties" and was not "motivated by her age and/or physical disabilities." In addition, the Division found that the younger, non-disabled nurse who did not have her salary reduced, Karen DeFelice, still spends the majority of her time working in the operating room, and therefore her work duties are not comparable to those of appellant.*fn1 The Division also found that a younger nurse who performs the same duties as appellant, Rebecca Silva, earns $5.00 per hour less than appellant.
Our review of a finding of no probable cause by the Director of the Division on Civil Rights is limited to determining whether that finding constituted an "abuse of discretion." Sprague v. Glassboro State College, 161 N.J. Super. 218, 225 (App. Div. 1978). We are satisfied, substantially for the reasons set forth in the Division's investigatory report, that the Director's finding of no probable cause was not an abuse of discretion and therefore may not be disturbed.