Monmouth Regional district charged with discrimination

Monmouth Regional district charged with discrimination
Former superintendent also named in suits brought by three female employees
BY KENNY WALTER Staff Writer

Lawsuits filed on behalf of three female employees of Monmouth Regional High School charge the regional school district and several administrators with discrimination based on age, sex and race.

The suits were filed in U.S. District Court in Trenton by Mahwah-based lawyer Lydia Cotz on behalf of Monmouth Regional employees Diana Davis, Patricia Domanich and Tamara White.

Davis' suit was filed in February and is separate from the legal action filed on behalf of Domanich and White, which was filed in August. Cotz said last week that she may file a motion to consolidate the two lawsuits.

The suit filed on behalf of Davis, 56, who is African American, names former Monmouth Regional School District Superintendent James Cleary, who retired in June, and the school district as defendants.

The suit brought for Domanich names Cleary, MRHS Vice Principal Scott Larkin, MRHS Business Administrator Maria Parry and the school district as defendants.

The legal action in which White is the plaintiff names Cleary, the school district and Anthony D'Orio, currently the MRHS athletic director as defendants.

All three are currently employed at Monmouth Regional High School.

Cotz weighed in on the legal actions in an email last week.

"Superintendent Cleary's intentional harassment and conduct toward these women resulted in a gender-based hostile working environment," she said. "His motive was to make life unpleasant for them because they are women.

"All three women complained of his behavior to no avail and the district took no steps to stop it," she added.

Cotz said she is confident that evidence will be presented that will place blame on Cleary.

"The evidence will show that the incidents the plaintiffs complained about were pervasive and not just isolated," she said. "According to others that have also come forward, Cleary's sexist behavior was well known.

"These lawsuits were brought on behalf of these women because they believe that Superintendent Cleary has subjected them to an unbearable and hostile workplace; their recourse was to see that justice was done," she added.

Cotz also addressed the reason the suits are being brought forward now.

"The lawsuit is being brought now because the plaintiffs strongly believe that their rights have been violated within the workplace," she said.

Manasquan-based attorney Peter Spaeth, who is representing all of the defendants, did not return calls seeking comment.

According to the complaint, Davis was hired in 2002 to supervise the Social Studies Department and the media center. She remains as supervisor of the two departments, as well as the ESL Department.

"Plaintiff has been subjected to discrimination by defendants on the basis of her race and/or her gender and/or her age over the past several years, and has been retaliated against by defendants for voicing her complaints about this discrimination," the suit claims.

The complaint also states that when Davis took over the third department in 2005, she did not receive additional compensation for the extra duties, which was contrary to the common practice of the district.

The suit claims that a younger, Caucasian male was given compensation for taking over an additional department.

In the complaint, Davis claims that she asked for the additional compensation in 2007 but was denied and was told that someone younger could replace her. She was then given a one-time stipend, the suit states.

She was then removed as supervisor of the media center in 2007 following her frequent demands for additional pay.

Davis is seeking punitive and compensatory damages.

The suit filed on behalf of Domanich claims discrimination based on age and gender.

Domanich has been employed at the school as a truant officer since 1993 and is claiming that the defendants have created a work environment that is hostile to women.

"Female employees who voice opinions, assert their rights as employees or as citizens, who disagree within proper channels about official policies and directives, or express concerns that policies, laws and directives are not being followed and obeyed are routinely demeaned, harassed and driven from employment," the suit claims.

Most of Domanich's complaints stem from an unresolved issue with a subordinate that she claims the defendants worsened in 2007.

The complaint filed on behalf of White, who was hired in 1995 as a social studies teacher and varsity cheerleading coach, describes sexual harassment that was tolerated by the administration from the time she was hired.

According to the suit, White complained throughout her tenure and in 2005 was terminated as cheerleader coach in an alleged retaliation for the complaints.

She reinterviewed for the position in 2006 but was ultimately turned down for someone with less experience, the suit states.

White also claims harassment and discrimination by the high school administration.

"Female employees are frequently and routinely harassed with petty administrative issues that were tolerated, or at least overlooked with the younger staff," the suit claims.

Charles Ford was named to succeed Cleary, and Cotz said she is hopeful that the new administration will adhere to the school district's policy barring discrimination against employees.

"The new superintendent and the BOE should be aware of the district's workplace anti-discrimination policy and seek to enforce it at all costs," she said.

Contact Kenny Walter at

kwalter@gmnews.com.