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Wonokay v. New Jersey Dep't of Human Services

September 5, 2008

STEVEN B. WONOKAY, PLAINTIFF-APPELLANT,
v.
NEW JERSEY DEPARTMENT OF HUMAN SERVICES, YOUTH AND FAMILY SERVICES DIVISION, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-29-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 3, 2008

Before Judges Graves, Sabatino, and Alvarez.

On December 29, 2004, plaintiff Steven B. Wonokay filed a complaint against his former employer, the State of New Jersey, Department of Human Services, Division of Youth and Family Services (DYFS), alleging he was subjected to a hostile work environment and employment discrimination because of his national origin, in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Plaintiff appeals from a summary judgment order dated March 19, 2007, dismissing his complaint.

On appeal, plaintiff presents the following arguments:

POINT I

THE TRIAL JUDGE INCORRECTLY APPLIED THE STANDARD OF REVIEW IN GRANTING SUMMARY JUDGMENT TO DEFENDANT.

POINT II

THE INCIDENTS OF NATIONAL ORIGIN OR ANCESTRY HARASSMENT ABOUT WHICH WONOKAY COMPLAINS ARE SUFFICIENTLY SEVERE OR PERVASIVE TO ESTABLISH A HOSTILE WORK ENVIRONMENT.

POINT III

WONOKAY'S CLAIM OF DIFFERENTIAL TREATMENT IN COUNT TWO OF HIS COMPLAINT ON THE BASIS OF NATIONAL ORIGIN OR ANCESTRY IS PROPERLY ESTABLISHED.

POINT IV

APPELLANT HAS ESTABLISHED A CASE OF DISCRIMINATORY DISCHARGE AS ALLEGED IN COUNT ...


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