Lakewood's Center for Health, Education, Medicine, and Dentistry, also known as CHEMED, as well as Mark Berkowitz, the Chief Operating Officer, have just agreed to settle a lawsuit over allegations of retaliation and discrimination against a former employee on basis of his Hispanic race and Catholic religion, FAA News has learned.
As previously reported here on FAA News, back in January 2024, Pablo Martinez - represented by Edison Attorney Justin M. Day Esq. - filed a complaint in New Jersey Superior Court in Ocean County alleging that he was employed as a Maintenance/Housekeeping staffer in CHEMED from August 7, 2023 until his unlawful termination on November 6, 2023. He had a record of strong performance during his employment.
A resident of Beachwood, Martinez is a Hispanic and a practicing Catholic. On October 5, 2023, he overheard a conversation among his supervisors and the Chief Operating Officer, Mark Berkowitz, discussing their desire to hire a Jewish individual for maintenance roles.
Immediately thereafter, Martinez's workload was unreasonably increased. By November 3, 2023, his workload was increased from 50 work orders per day to an unsustainable demand of 100 work orders daily. Upon information and belief, his workload was unreasonably increased in an attempt to get him to resign from his position.
On November 6, 2023, Martinez was terminated. He was informed he that he was being terminated because the facility no longer required a maintenance department.
However, the following day, Martinez observed that CHEMED had listed a job posting on Indeed for his exact position. Martinez was even contacted by CHEMED’s recruiters, Tehila Ney and Lori Nissim, stating that they “came across” his resume and that he would be a “good fit.” Martinez responded to inform her that he had been terminated ten days prior from the exact position and told that it would no longer exist. Nissim, in response, stated that she is not “involved in decisions about roles opening or closing,” but that “I just post what I am told we are hiring for.”
The reasons given to Martinez for his termination were pretext for unlawful discrimination. CHEMED really terminated him on the basis of his race and/or religion.
The complaint seeks judgement against CHEMED for discrimination (i.e. subjecting Plaintiff to an adverse employment action on the basis of race and/or religion) which violates the New Jersey Law Against Discrimination.
The complaint also demands judgment against Mark Berkowitz personally for aiding and abetting violations of the Law Against Discrimination.
The suit seeks judgment against CHEMED and Berkowitz for lost back pay, lost front pay, emotional distress, embarrassment, humiliation, and other damages, compensatory damages, punitive damages, attorneys’ fees, costs of suit, pre- and post-judgment interest, and all other relief that the Court deems equitable and just.
Following litigation over the past year and a half, CHEMED and Berkowitz have just agreed to an undisclosed out-of-court settlement.
As previously reported here on FAA News, this settlement follows another $250,000 settlement over medical malpractice allegations.
To join the FAA News WhatsApp Status, click here.
No comments:
Post a Comment