Attorney General Gurbir S. Grewal and the Division on Civil Rights (DCR) announced on Aug. 24 that DCR will pursue a former corporate marketing director’s complaint against her ex-employer alleging pregnancy discrimination.

In her original 2018 complaint against her former employer, VCNY Home of North Bergen, the former marketing director alleged that her former employer denied her rights under the New Jersey Family Leave Act.

In 2019, the woman filed an amended complaint alleging that VCNY retaliated against her after she filed a complaint with DCR about the denial, and eventually fired her.

Her name was redacted from both complaints.

Pregnancy discrimination

The discrimination allegedly began soon after she advised VCNY that she was planning to take time off under the federal Family and Medical Leave Act (FMLA) to physically recover from giving birth, and then take an additional 12 weeks of leave under New Jersey’s Family Leave Act to care for her newborn.

Under the law, an employee who gives birth does not exhaust her New Jersey Family Leave Act time by first taking federal FMLA time to physically recover from childbirth.

However, VCNY sent the woman a letter in March 2018 claiming that federal FMLA and state Family Leave Act time run concurrently. The letter directed her to return to work on June 18, 2018, and warned that if she failed to do so, the company would view it as her resignation.

The marketing director filed her complaint with DCR on April 10, 2018. In January 2019, she filed an amended complaint alleging that, upon her return to work in July of 2018, VCNY retaliated against her in multiple ways and eventually discharged her as reprisal.

Alleged retaliation for speaking out

The woman alleged that VCNY retaliated against her when she returned to work after her leave by, among other things, diminishing her role in the company and excluding her from projects and meetings she had previously been involved in.

According to the complainant, VCNY fired her when she refused to take a two-week international business trip to India and China while she was breastfeeding her baby.

“New Jersey law protects the rights of new parents during those early days when infants require so much care,” Grewal said. “Employers should make certain they understand family leave protections under both state and federal law. We take these protections seriously, and will hold accountable employers who violate the rights of their workers.”

“No parent should be forced to choose between their job and caring for or breastfeeding their child,” said DCR Director Rachel Wainer Apter.

“And it is all too common for mothers, in particular, to be sidelined at work after they return from leave. That is illegal. New Jersey law protects a parent’s right to take leave to care for a newborn child and to return to the same position after leave. It also protects a parent’s right to breastfeed a child; employers must grant reasonable accommodations to employees who are breastfeeding unless doing so would be an undue burden on their operations.”

VCNY claims department “restructuring”

VCNY Home manufactures and imports bedding, window and bath textiles and other goods. VCNY hired the complainant in July 2016 as a marketing director. In that role, she was responsible for the development and implementation of marketing campaigns, promotional events, and digital marketing.

VCNY officials interviewed by DCR acknowledged a reduced role for the complainant after her return from pregnancy leave, and confirmed her exclusion from some meetings and events. However, they cited a marketing department “restructuring” as the reason, and denied retaliation.

As to the two-week international trip, when the complainant asked to be excused from the trip as a breastfeeding accommodation, VCNY offered to pay for her baby and a childcare provider to travel with her, the company said.

Complainant declined VCNY’s offer based on advice from her child’s pediatrician and provided VCNY with a medical note which explained why this international trip posed “significant health risks” to her child. She proposed other measures to support the trip. But VCNY allegedly fired her for her “inability or unwillingness to perform an essential function of job.”

Pursuing the case

DCR conducted an investigation into the case, and subsequently issued a Finding of Probable Cause against VCNY earlier this year. However, a Finding of Probable Cause does not resolve a civil rights complaint.

Rather, it means the state has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the law has been violated.

The Division then attempted to resolve the matter through its conciliation process. Because no agreement was reached during conciliation, DCR will pursue the case in the Office of Administrative Law.

Investigator Justin Hoffer and Legal Specialist Carlos Bellido handled the VCNY investigation for DCR. Deputy Attorney General Farng-Yi Foo is handling the case in the OAG.

For updates on this and other stories, check www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Daniel Israel can be reached at [email protected].

With New Jersey stuck in Phase 2 of reopening amid the COVID-19 pandemic, small businesses are fighting to survive.

Throughout Hudson County, municipalities have been closing down streets to allow restaurants to expand outdoor dining.

In North Bergen, folks took advantage of the nice weather over the weekend to enjoy the township’s restaurants along Broadway during the first “Eat & Shop Local” event.

“Small businesses are the lifeline of our community, and they depend on our help now more than ever,” North Bergen Mayor Nicholas Sacco said in a statement. “That is why we are proud to announce our new program “North Bergen: Eat & Shop Local’ to promote local businesses throughout our town and help them get back on track during these troubled times.”

Sacco published a video message to showcase the initiative.

Under the program, streets are closed to vehicular traffic on weekends, from 3 p.m. Friday until 10 p.m. Sunday.

Supporting local eateries

Sacco, Commissioner Julio Marenco, Freeholder Anthony Vainieri, and other local officials enjoyed outdoor dining.

“This weekend was the first of the Shop and Eat Local initiative, and so far it’s a huge success,” Sacco said on Aug. 8. “Last night and today the businesses on Broadway had great turnouts all day and evening.”

From August 7 to 9, Broadway between 72nd St. and 79th St. was closed to traffic, and tables were set up in the street to allow for social distancing.

Other businesses added their own initiatives. Iza Music Academy presented a full concert on the sidewalk, with piano performances, singing, guitar, and more.

Eat local throughout August

Bergenline between 78th St. and 82nd St. will be closed from August 14 to 16. Additional locations on Bergenline will follow every weekend in August.

From August 21 through 23, Bergenline between 76th St. and 78th St. will be closed to traffic and open to businesses.

From August 28 to 30, Bergenline between 70th St. and 76th St. will be closed.

Side streets will remain open.

“Please remember to wear a mask and practice social distancing,” Sacco said.

North Bergen has expedited the process of applying for outdoor dining.

With New Jersey stuck in Phase 2 of reopening amid the COVID-19 pandemic, small businesses, especially local restaurants, have been struggling to stay afloat.

One North Bergen family restaurant is on life support. Catherine Licata is the co-owner of Café Per Tutti, a family restaurant where her son is co-owner and the esteemed chef Michael Licata.

Catherine Licata said regulations are too broad. Large restaurants with room for outdoor dining have been thriving. Smaller restaurants like Café Per Tutti don’t have the outdoor capacity.

The cozy dining room of Café Per Tutti has been reduced to just eight seats with outdoor dining.

Gov. Murphy has been reopening New Jersey in segments such as schools, parks, and restaurants. Licata said Murphy should segment even further with separate regulations for small and large restaurants.

Lack of enforcement

Licata said that some of the larger restaurants and chains on River Road, and Palisade Ave. in North Bergen are not abiding by the guidelines for outdoor dining. Some are packed with mask-less diners not observing social distancing, according to Licata.

“You can’t even park or drive through,” she said, the “swarms of people.”

Licata proposed a community watch program but feels that the issue is not necessarily with the township, but with the governor’s guidelines.

Changing by the day

Licata said the constantly changing guidelines are an “eternal, nonstop roller coaster ride.”

Licata took heart when Murphy announced that indoor dining could reopen in July. She began planning only to have Murphy rescinded the reopening, citing the lack of social distancing and mask-wearing.

“What happens when it rains?,” Licata said. “You just have to close the door.”

Tropical Storm Isaias knocked out the restaurant’s power, and a tree came crashing through the glass roof.

Licata has been left wondering what the plan for dining is during winter, especially when a second wave of COVID-19 is likely to hit.

Not just a business

Café Per Tutti is not just a restaurant, it’s Licata’s livelihood. “I don’t have pension or salary,” she said. “This is it.”

Licata has been using her life savings, but that is drying up. “My thought was that I was going to build something for the community, for my family,” an emotional Licata said.

While there is relief funding for small businesses, Licata said it isn’t enough to survive.

Licata said that Café Per Tutti received $20,000 from PPE funding, but it didn’t help the restaurant stay afloat.

She acknowledged the restaurant could get up to $20,000 under the Hudson County Small Business Grant program. But if rent is $4,000, and payroll is $12,000, she wonders how long that money is going to last.

Calls to communicate

Licata is part of the Restaurant Coalition, which has urged her to reach out to contact Rep. Albio Sires. She was mailed a form letter stating that there is an ongoing fight for more COVID-19 funding.

“Talk to us,” Licata said, pleading for increased communication.

Frequent COVID-19 testing of her staff and herself is a priority, but people can’t afford healthcare without a job. If Café Per Tutti shuts down, Licata is unsure how she would afford healthcare.

Licata believes she is speaking for small businesses across the county and hopes her story encourages customers to dine with and help small businesses that are struggling.

For updates on this and other stories, check www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Daniel Israel can be reached at [email protected].

With New Jersey stuck in Phase 2 of reopening amid the COVID-19 pandemic due to an increased rate of transmission, municipal parks have been reopening across the state.

North Bergen reopened municipal parks on July 2 and opened a new park on July 10 on Paterson Plank Road. Now, after renovations, it has reopened another park.

Mayor Nicholas Sacco cut the ribbon on July 29, officially reopening Policemen’s Park at 1455 Union Turnpike and Grand Avenue.

Revitalizing the area

The park got a complete face lift, with a new water spray area, toddler swings, a playground with rubberized surfaces for two- to five-year-olds, a playhouse and play set with slides, a brand-new basketball court, dog run, benches, and other amenities.

The new additions don’t stop there. Future plans call for a new gazebo and decorative lighting. The completely redesigned park is intended to help revitalize this area of town.

The cost of the project was $1.2 million, including $500,000 from Hudson County Open Space grants. Construction and the reopening were delayed due to various factors, including the COVID-19 pandemic.

Sacco was joined at the ribbon cutting by Commissioners Hugo Cabrera, Julio Marenco, and Allen Pascual, Township Administrator Chris Pianese, Police Chief Peter Fasilis, local community representatives John Bender and Wanda Ayala, and many other officials and residents.

Children dashed excitedly through the water spray and enjoyed the new equipment.

The township has allocated more than $5 million toward renovating local parks to benefit and enhance the community, with the majority of the funding coming from state and federal grants.

For updates on this and other stories, check www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Daniel Israel can be reached at [email protected].