Sum Gamma OFFICE OF THE AITORNBY GENERAL CHRISTOPHER 5. Panama DEPARTMENT OF LAW AND PUBLIC SAFETY immamw GUADAGNO DIVISION ON CIVIL RIGHTS Li. Gamma scorn snoae REGIONAL omen 1325 sonar: WALK AVENUE BOARDWALK ?mmc Cl'n", NJ 08401 February 7, 2017- Kenia Nunez-Acorns, Business Adminis?aator Towaship of Buena Vista 890 Harding Highway 605 Buena Vista, New Jersey 08310 Re: Richard P. Calareso v. Township of Buena Vista Docket No.: EADSUB-EGSOS Dear Ms. Nuez-Acuna: Enclosed is a formal complaint setting forth alleged discriminatory practices in violation of the New Jersey Law Against Discrimination, .A. 10:5-1, et seq., which is served upon you in accordance with N.J.A 13 :4?2.8 of the Division on Civil Rights? Rules of Practice and Procedure. E.J.A.C 13:4-3 Segjce, Form and Content of Answers The Rules of Practice and Procedure require that the respondents serve upon the Division on Civil Rights (DCR) awritten explanatory answer to the complaint withintwenty days after receipt of the veri?ed complaint (N .J .A.C. 1314-31). The respondent shall serve a copy of the answer on the complainant within three days of ?ling of the answer (NJ.A.C. The answer to the veri?ed complaint shall admit or deny each allegation of the veri?ed complaint, and shall fully and completely advise the parties and DOE the nature of the respondent's defenses to each claim asserted. Denials shall fairly meet the substance of the allegations denied. A respondent who intends in good faith to deny only part of an allegation shall Specify so much of it as is true and material and deny only the remainder. The respondent may not generally deny all the allegations but shall make the denials as speci?c denials of desigrated allegations. Any answer setting forth an af?rmative defense to an allegation shall be taken as denying the allegation (N..T.A.C. Correspondence should be directed to the attention of the Regional Manager, at the above address. A respondent may submit in writing any other relevant evidence with respect to this complaint, a proposal for settlement. Such information will he made part of the ?le and will he considered mucous 509-441-3100 I RIGHTS - .NJ NEW JERSEY IS AN EQUAL PM ON RECYCLED PAPER AND HECYCLABDB by DCR during the course of this investigation. cume ation Re nests In addition to ?ling an Answer, you are required to respond to the enclosed Document Information Request within twenty days. Ifyou do not provide DCR withtbe requested documents and responses within twenty days, DCR may issue a subpoena for recovery of the information. You are also required to retain all infonnati on pertinent to this complaint while this complaint is pending. Lt xtensions Any respondent seeking an extensionto ?le an answer or other information may request anextension of no more than ten days from the regional manager, at the above address. The request must be in writing and must be received before the original due date. Requests for any additional extension must will be granted only in extraordinary circumstances. N.J.A.C 3:3:4-1 Notice of Appearance Respondents who obtain legal representation are advised to inform their representative that DCR requires aNotice of Appearance to be submitted to the of?ce handling the complaint. Failure to comply with this requirement will preclude your attorney from representing your interest before this agency. Contact Information Respondents shall notify the Division of any change in address,telephone number or email address, or any other material change in status (such as a bankruptcy ?ling or ceasing to Operate as an on? going concern) at all times while the verified complaint is pending. In further correspondence, please include the above docket number. Inquiries should he directed to Ron White, Invesh'gator, at telephone number (609) 441?3573 between the hours of 8:30 am. and 4:30pm. Monday through Friday. Thank you for your prompt attention in this matter. Very truly yours, rane L. Miller Regional Manager Enc: (X) Veri?ed Complaint (X) Document and Information Request (X) EEOC Service Letter (X) Method of Service of Headings Certi?ed Mail 7014 1820 0001 8211 3692 TELEPHONE 609-441-511! 00 rm tempers. Gov NEW Ea wit. OPmm'amEmom - Pamran ()vach PAPER AND Recrounns S. EQUAL ELEPLOYNIENT CODIMISSION Philadelphia District brass IOI Material l?anlhousn Sin, 1300 PA. 151117 (115?) 440-2600 (115) Hit-261? FAX (215) 440-2532, 21-11: a: 2604 ssoc Charge 7-007/6; NIDCR Charge No. EA 0505 - 4 (5305' NOTICE or chance or DIS summaries You are hereby noti?ed that the above-referenced charge of employment discrimination has been received by the New Jersey Department of Law and Public Safety, Of?ce of the Attorney General Division on Civil Rights (TUDOR) and sent to the EEOC for dual-?ling purposes. This Notice is being sent to you by the on. behalf of EEOC, simultaneously with noti?cation to you oftho ?ling of the charge with The charge has been assigned the EEOC and charge nimbers shown above. A copy of the charge' is included with these Notices. While EEOC has jurisdiction (upon the expiration of any 50-day deferral requirement if this is a' Title VII or ADA charge) to investigate this charge, EEOC may refrain from beginning an inVestigation and await the? issuance of ?nal ?ndings and orders. These ?nal ?ndings and orders will be given Weight by 1n making its own detennina?on as to whether or not reasonable cause exists to believe that there has been a violation of the statute(s) administered by EEOC. You are therefore urged to cooperate ?dly with the All fonts and evidence provided by you to the the course of its proceedings will be considered by EEOC when it nevieWs tho NUDCR's ?nal ?ndings and orders. In many instances the EEOC will take no ?lrther action, thereby aVoiding the necessity of an investigation by both the and the EEOC. This likelihood' 15 increased by your full cooperation with As a party to the charge, you rosy request that EEOC review the ?nal decision and order. For such arequost to be honored, you must notify the in writing within of 15 days of you: receipt of ?nal closure noti?cation. Such a request should be forwarded to EEOC at the address shown in the letterhead above, to the attention of the State and Local Unit. If the NIDCR tenninains its processing without issuing a ?nal ?nding and order or the charge is otherwise one Which-requires further EEOC processing. you will be contacted ?rrther by EEOC. Regardless of whether the NIDCR or EEOC process the charge the Recordkeeping and non- retaliation provisions of Title W, the ADA and the ADEA as explained in the Rules and Regulations"_ apply . Fades/MY 7, 20/7 Epsmer? ?ewis, Date Spencer H. Lewis, Jr. District Director STATE OF NEW JERSEY DEPARTMENT OF LAW PUBLIC SAFETY DIVISION ON CIVIL RIG TS DOCKET NUMBER: 5%ng [057305 FEDERAL RICHARD CALARESQ. COMPLAINANT, Veri?ed Complaint Received and Recorded Data202102120?i 7 Department of Law and Public Safety Division on Civil Rights By REW TOWNSHIP OF BUENA VISTA. RESPONDENT. 'h?f'h?n 1. The Complainant resides at RICHARD CALARESO 950 LENAPE DRIVE CAPE MAY NJ 08204 CAPE MAY COUNTY 2. To the best of Compiainanl?s knowledge and the Respondent is known as: TOWNSHIP OF BUENA VISTA and is located at: TOWNSHIP OF BUENA VISTA 430 UNION ROAD BUENA VISTA NJ 08310 ATLANTIC COUNTY 3. Charge of Discrimination: The above named Respondent is hereby charged with unlawful discrimination In violation of the named statutes with respect to the following charges: 3.1 Sexual Harassment because of Sexual Harassment in violation of NJ Law Against DiscriminationiNJSA 10:5-12a) 3.2 Sexual Harassment because of Sexual Harassment in violation of Title Vii - Civil Rights Act of1954, as amendedt?ntie Vii) 4. THE CHARGE iS BASED ON THE FOLLOWING: 4.1 Complainant belongs to a protected class. In that. he is mate. 4.2 Respondent hired Complainant as a laborer In November 2011 and assumed the position of director in 2003. 4.3 Complainant alleges that Respondent?s business adminisbatbr. Kenla Nunez-Acuna, asked him for a hug at least seven times on December 30, 2016. 4.4 Complainant alleges that Respondent's business administrator, Kenla Nunez-Acuna. chased after him and pushed her arm under his arm to make it appear as though the two were walking arm and arm on December 30, 2016. 4.5 Complainant alleges that Respondent's business administrator, Kenla Nunez-Acuna1 said to him 'Now that i bought you all your equipment I want a hug' on December 30, 2016. 4.6 Complainant alleges that as Respondent's business administrator. Kenia Nunez-Acme, attempted to hug him she forcibly pushed her breast against Complainant three times on December 30, 2018. 5 DISCRIMINATION STATEMENT: 5.1 Complainant alleges he was discriminated against becaUse of his set: in that the Respondent?s business administrator. Kenia Nunez-Acme, made repeated requests for physical contact which Complainant denied. 5.2 Complainant further alleges that Respondent's bueiness administrator, Kenla Nunez-Acuna, made unweicomed direct physical contact with him. 6. Said acts of discrimination occurred in the County of in the State of New Jersey. 7. The Complainant requests whatever relief is provided by law including. but not limited to, compensatory damages for economic loss. humiliation, menial pain and suffering. a. The Complainant has not instituted action in any courtI either criminal or civil. regarding this mailer. STATE OF NEW JERSEY ss: COUNTY OF ATLANTIC RICHARD CALARESO of full age certi?es that he is the complainant name in this complaint. that he has read and understands this complaint. and that to the best of his knowledge. information and belief. these facts alleged in this complaint are true. HARD COMPLAINANT a: I a" moron or SERVICE or eneennms PLEASE BE ADVISED OF THE FOLLOWING RULES GOVERNING HEM VICE DP PL IN METERS PENDEG BEFORE 133 DESIGN ON CIVIL MERE. I, The Division: on Civil Righta' rules of practice. an? procedure pruride that: . (3.) Prior to transmittal to DAL, unless otherwise instructed by the Director,? every made: and subsequent pleading to the original- complalnt, every motion and every written notice, briel? or memoranaum of law shall he serve? by mailing copies to all parties..- by registered. or: certified mail, return receipt requested,- within three days of said filing. Such shall not b"e deemed served until an. affidavit of to all other parties is filed with the Division at the time of or subsequent to filing the pleading. . . When any party has appearea. through or is represented by ab attomey, service upon such attorn WY shall be deemed valid. service upon the party in all cases unless timely written notice of withdrawal or substitution of such attorney is Barred upon the Director ami all other parties. J. A. (I ll- 1. Plea?Jngs include "complaints, answers, amendments to complaints and mowers, motion: and orders of the Director. EIJAJL . Therefore, all parties, upon filing with the Division anycom cam?lain t, answerl- -anien?ment to a. complaint an? answar' motion brief or memoranaun of lag, must adhere to the. above service' requirements, including but not - limited to mailing copies to all parties to the proceedings by registered. or certified mail In the interest of ju?stioe,- including when a party is unrepresented by counsel, these requirements may be ,reluied. mg. C. C015