General Rude, Boorish Behavior Not Actionable Under the LAD
A recent NJ appellate case makes clear that abusive language and conduct towards an employee doesn't necessarily qualify as harassment under the LAD. In Miceli v. Lakeland Automotive Corp., A-3207-10, the plaintiff, Miceli, was the only female sales associate at a car dealership. She sued the dealership for sexual harassment, claiming that another male sales associate made hostile and belittling comments to her, which her manager failed to stop. Specifically, Miceli alleged that the associate spoke to her in a rough manner, at one point shouting that she was "going to get hers", and at another telling her to "kiss my ass . . . I'll act like an animal and show you how animals act, so you better be very afraid." Miceli further alleged that her manager spoke to her in a rude and condescending fashion.
The trial court, however, entered summary judgment against Miceli and the appellate court affirmed. While conceding the male sales associate was boorish, the court didn't consider his conduct sufficiently severe or pervasive enough to create a hostile work environment. Key to the court's reasoning was the fact that the associate was a rude person in general, not just to Miceli. Likewise, the court found that Miceli's manager's behavior, while rough, was not motivated by gender. Evidence indicated that, like the male sales associate, the manager was abusive towards everyone, and even Miceli testified that he had generalized "anger issues." Also critical to the court's decision was the fact that Miceli could not cite a single specific abusive comment that the manager made to her. Even further, evidence indicated that, after Miceli complained to him about the associate, the manager issued the associate a warning and threatened him with termination. Zatuchni & Associates predicts this decision will be a boon to equal-opportunity jerks in NJ workplaces. We can all be glad we don't work at this particular car dealership!
