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In re J.M.

October 19, 2010

IN THE MATTER OF J.M. AND DEPARTMENT OF TRANSPORTATION.


On appeal from a Final Administration Action of the Civil Service Commission, Docket No. 2008-2847.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 7, 2010

Before Judges Payne and Messano.

J.M. appeals from the final administrative action of the Civil Service Commission (the Commission)*fn1 denying her appeal from an earlier decision of the Department of Transportation (DOT). DOT concluded that J.M.'s hostile work environment, sexual harassment and gender discrimination complaints could not be substantiated. Before us, J.M. raises the following arguments:

POINT I

THE DEPARTMENT OF TRANSPORTATION DETERMINATION WAS INCORRECTLY DECIDED AGAINST THE WEIGHT OF EVIDENCE IN FAVOR OF APPELLANT.

POINT II

THE CIVIL SERVICE COMMISSION APPLIED THE INCORRECT STANDARD OF REVIEW OR ABUSED ITS DISCRETION IN DENYING APPELLANT'S APPEAL OF THE DEPARTMENT OF TRANSPORTATION DETERMINATION BELOW.

POINT III

APPELLANT HAS PRESENTED SUFFICIENT EVIDENCE TO SUPPORT A CLAIM OF DISCRIMINATION DURING HER EMPLOYMENT WITH THE DEPARTMENT OF TRANSPORTATION, OR ALTERNATIVELY, TO WARRANT A NEW HEARING REGARDING SAME.

We have considered these arguments in light of the record and applicable legal standards. We affirm.

J.M. began working for DOT in November 2002 and ultimately obtained a position in the Netcong Yard in October 2003. In July 2006, she filed a complaint with DOT in which she alleged:

1) a hostile work environment because her co-workers blamed her for causing an inspection of the Netcong Yard by DOT's Inspector General (IG); 2) gender discrimination because she did not receive the same amount of overtime as her male co-workers, was frequently overworked, and made to work alone; 3) a hostile work environment because her co-workers cursed and yelled at ...


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