Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 1 of 16 PageID: 1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
-------------------------------------------------------------------GREGORY PAREMORE,
Plaintiff,
v.
BOROUGH OF SOMERVILLE,
ANTHONY HENDERSHOT,
PETER HENDERSHOT, and KEVIN SLUKA,
Defendants.
--------------------------------------------------------------------

x
:
:
:
:
:
:
:
:
:
:
:
x

Civil Action No. __________

COMPLAINT
JURY TRIAL DEMANDED

Sarah Fern Meil

67 Bridge Street
P.O. Box 145
Milford, NJ 08848
Phone: (908) 995-7320
Fax: (609) 228-4307
sarahfern@sfmesq.com
Attorney for Plaintiff

BROPHY & LENAHAN P.C.

Joseph Alexander Brophy, Esq.
2101 Pine Street
Philadelphia, PA 19103
(215) 558-7600 (office)
(215) 449-3376 (fax)
alex.brophy@brophylenahan.com
Attorney for Plaintiff
Pro hac vice application pending

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 2 of 16 PageID: 2

COMPLAINT
Plaintiff Gregory Paremore (Paremore or Plaintiff), by and through his attorneys,
Sarah Fern Meil, Esq., and Brophy & Lenahan P.C., for his complaint against Defendants, the
Borough of Somerville (Somerville), Anthony Hendershot (Tony Hendershot), Peter
Hendershot (Pete Hendershot), and Kevin Sluka (Sluka), (collectively, Defendants),
respectfully alleges as follows:
NATURE OF THE ACTION
1.

Plaintiff Gregory Paremore, an African-American former employee of the

Department of Public Works in Somerville, New Jersey, was subjected to a racially hostile
work environment that began on his first day on the job in 1982, and ended only once he retired
in September 2013. As set forth in greater detail below, from the early 1980s until September
2013, Plaintiff worked in an environment where his co-workers and supervisors openly used
racial epithets, such as nigger, coon, moolie, monkey, spook and jigaboo.
2.

From about 2004 or 2005 until Paremore retired in September 2013,

Anthony Hendershot (Tony Hendershot) was Paremores supervisor. Tony Hendershot

regularly used racial epithets when referring to Paremore, other African-Americans or other
minorities, told racial jokes, and invited members of his social club, the Fraternal Order of
Eagles, to the DPW shop, where they would join Tony Hendershot in his racially abusive
behavior. Tony Hendershot would often refer to Paremore as a big fat black nigger, black
bastard, or black asshole.
3.

Tony Hendershot would also use this racist language regardless of who

was in his vicinity, including his brother and supervisor, Peter Hendershot (Pete Hendershot),
the former Superintendent of Somervilles Department of Public Works (DPW).

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 3 of 16 PageID: 3

4.

Somervilles Administrator, Kevin Sluka (Sluka), allowed a custom of

racially discriminatory behavior to flourish at DPW by displaying utter indifference both to

Tony Hendershots behavior and Pete Hendershots tolerance of that behavior. On multiple
occasions, from the beginning of Slukas term as Administrator in 2007, Sluka was made aware
of the racially hostile work environment and had multiple opportunities to take remedial action.
But for years, Sluka did nothing, and the racial harassment continued unabated.
5.

Only in January 2014, when an African-American DPW employee

informed Sluka that he was in the process of retaining an attorney due to the racist working
environment, did Sluka take any action with respect to the racial discrimination that the
African-American employees of DPW had been subject to for decades. Faced with the
possibility of legal action, Somerville hired an attorney to represent it in an investigation into
the racial harassment. That investigation took more than three months to complete and
conclusively determined that African-American employees of DPW had been subjected to a
racially hostile working environment at the Somerville DPW for many years.
6.

Specifically, Somervilles own investigator concluded that it was clear

beyond cavil that Tony Hendershot used inappropriate racial comments in the workplace, and
that it was clear beyond dispute that the DPW Superintendent, Pete Hendershot, often
witnessed this inappropriate behavior. The investigator concluded, [t]hat such conduct could
have occurred in the 21st century in a New Jersey municipality is outrageous . . . .
7.

Because of the extreme and pervasive racist environment Paremore was

subjected to for decades at DPW, and due to the utter indifference displayed to Paremores
abuse by Somerville executives, Paremore now brings this complaint against Defendants.

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 4 of 16 PageID: 4

JURISDICTION AND VENUE

7.

The court has jurisdiction of the subject matter of this action pursuant to

28 U.S.C. 1331 because Plaintiff alleges a claim arising under federal law.
8.

This court has supplemental jurisdiction over Plaintiffs state law claims

pursuant to 28 U.S.C. 1367.

9.

Venue is proper in this district pursuant to 28 U.S.C. 1391 because the

parties are domiciliaries of this district and most of the events giving rise to the claims alleged
herein occurred in this district.
PARTIES
10.

Gregory Paremore (Paremore or Plaintiff) is a resident of Newark, NJ,

and was employed by Somerville as a driver and laborer in the Somerville DPW from 1982
until 2013. Paremore is African-American.
11.

The Borough of Somerville (Somerville) is a borough in Somerset

County, New Jersey.

12.

Anthony Hendershot (Tony Hendershot) was the general foreman of

DPW of Somerville from about 2004-2005 through late January or early February 2014, when
he retired. In his position as general foreman, Tony Hendershot had supervisory authority over
Paremore. Prior to being promoted to general foreman, Tony Hendershot was a foreman of
DPW, and had been employed by Somerville since at least the 1980s.
13.

Peter Hendershot (Pete Hendershot) was the Superintendent of DPW of

Somerville from in or about 2001 until his termination in or about May or June 2014. Pete
Hendershot had supervisory authority over Paremore. Pete Hendershot is Tony Hendershots
brother, and, until Tony Hendershots retirement, was his brothers direct supervisor as well.

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 5 of 16 PageID: 5

14.

Kevin Sluka (Sluka) has been the Administrator and Clerk of Somerville

since 2007. In his role as Administrator and Clerk, Sluka is ultimately the final decisionmaker
in charge of DPW, and Pete Hendershot reported directly to Sluka.
BACKGROUND
Long History of Overt Racism in Somerville
18.

From when Paremore was hired in 1982 until at least 2014, when Tony

Hendershot retired and Pete Hendershot was terminated, Somerville was a toxic racist
environment for Paremore and for other African-American DPW employees.
19.

Paremore was immediately thrust into this racist environment on his very

first day of work, on or about February 22, 1982. While Paremore was attempting to complete
the standard hiring procedure for new employees, a white employee of Somerville, Al Bayit,
said to Paremore, nigger, get to the back of the line. Paremore was shocked and deeply hurt
by this comment, which was only a hint at the work environment that he was about to be
exposed to.
20.

Throughout the course of Paremores employment at DPW, several white

DPW employees were members of the Fraternal Order of Eagles (the Eagles Club), a social
club with a branch in Bridgewater, New Jersey. Upon information and belief, membership in
the Bridgewater Eagles Club is exclusive to white men, and to join the Bridgewater Eagles
Club, a potential member must vow that he will never allow a person of color into the Eagles
Club.
21.

The epicenter of the racist conduct at the Somerville DPW, Tony

Hendershot, was one such member of the Eagles Club, as was his brother, DPW Superintendent
Pete Hendershot. Tony Hendershot served as the direct supervisor of Paremore upon his

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 6 of 16 PageID: 6

promotion to general foreman of DPW in or about 2004-2005, and Pete Hendershot served as
Tony Hendershots direct supervisor.
22.

Tony Hendershots racist behavior in the workplace began in the mid-to-

late 1980s, escalated once he became the supervisor of Paremore and other African-American
employees in or about 2004-2005, and continued to early 2014, when he retired.
23.

Both before and during his supervisory position as general foreman, Tony

Hendershot would regularly refer to African-American employees of DPW as niggers,

coons, spooks, moolies,1 monkeys and jigaboos. He would directly address certain
African-American DPW employees using these epithets, and would also refer to Paremore and
other African-American employees using these terms while in conversations with other DPW
employees.
24.

The racist behavior, however, was not limited to Tony Hendershot. For

example, DPW employee Barry Hutchinson, who is Tony Hendershots brother-in-law,

commented to others that he would never work for a black man, and told an AfricanAmerican DPW employee that a black man would never be in charge in the Borough [of
Somerville].
25.

The racist culture in Somerville even extended beyond DPW. For

example, on one occasion in the late 1980s or early 1990s, Fire Chief Barry Van Horn, who is
white, used a public radio channel to ask for two African-American employees by referring to
them as his aces of spades. On a later occasion, a white dispatcher greeted an AfricanAmerican employee by saying, whats up, nig?

Moolie was apparently short for moulinyan, a derogatory term in Italian for blacks.
6

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 7 of 16 PageID: 7

26.

Another example of the racist culture of Somerville occurred when

Paremore was working to set up Somervilles Christmas decorations, and had a conversation
with a white shopkeeper in the town who was active in Somervilles government. During this
conversation, Paremore was explaining his upcoming retirement to the shopkeeper. In
response, and in the presence of another African-American DPW employee, the shopkeeper
commented to Paremore, I guess thats what you call nigger rich.
27.

Pete Hendershot also made comments towards Paremore such as youve

got enough money and you dont need to work that he did not make towards Caucasian
DPW employees.
28.

African-American employees of Somerville were frequently given less

desirable work than their white counterparts. For example, Paremore and other AfricanAmerican employees were generally given manual labor assignments, as opposed to
assignments involving equipment. This was significant because in order to be promoted to
foreman, a DPW employee needed to pass equipment operating tests.
29.

Michael Rasimowicz, the DPW general foreman who preceded Tony

Hendershot, was also a member of the Eagles Club, was Paremores supervisor until
Rasimowiczs retirement in 2005. Rasimowicz would make demeaning comments to Paremore,
telling Paremore that he was a nobody.
30.

Paremore was never promoted during his thirty-plus years on the job for

the Somerville DPW. On occasions when Paremore asked Pete Hendershot for a raise, Pete
Hendershots usual response was, you dont need any more money you have enough.

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 8 of 16 PageID: 8

Tony Hendershot Is Promoted To General Foreman And Continues His Abuse Of

the African-American Employees of DPW
29.

In his position as general foreman and supervisor, of Paremore and other

African-Americans, Tony Hendershot escalated his racist abuse of the African-American

employees whom he supervised. Tony Hendershot consistently used his position of authority to
abuse Paremore and other minority DPW employees. Tony Hendershots abusive behavior
would often be preceded and/or accompanied with his consumption of alcoholic beverages
while on the job.
30.

The typical racial epithets used by Tony Hendershot to refer to the

African-American employees of DPW were nigger, monkey, coon, spook, moolie or

jigaboo, Tony Hendershot typically used such slurs, directed to or in the presence of the
African-American employees of DPW, on several occasions in a given month.
31.

For example, in conversation, Tony Hendershot referred to Paremore as a

big fat black nigger, black bastard or black asshole.

32.

Tony Hendershots racist conduct was frequently witnessed by Pete

Hendershot, who turned a blind eye to his brothers racial abuse of the African-American
employees of DPW.
33.

When Paremore or another African-American employee did something on

the job that Tony Hendershot was dissatisfied with, he typically commented, I havent met a
smart one yet. Paremore understood one to be referring to African-Americans. By contrast,
if an African-American employee did something that pleased Tony Hendershot, he commented,
youre one of the smart ones.

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 9 of 16 PageID: 9

34.

Often, when another African-American DPW employee attempted to park

in the DPW lot, Tony Hendershot directed him to the back, and commented, thats where you
belong - in the back.
35.

Another target of Tony Hendershots abuse was a Hispanic employee of

DPW. Tony Hendershot referred to this employee as spic, wetback or Taco Bell,
referred to him and his family as being off the boat and told him that 15 people live in your
house.
36.

Tony Hendershot also regularly invited his friends from the Bridgewater

Eagles Club to the DPW shop, where he and his friends frequently made racist dialogue, jokes,
and gestures, often in front of and directed to Paremore and other African-American DPW
employees.
37.

For instance, Tony Hendershot and his friends often saluted each other

using the Heil Hitler gesture. Additionally, on many occasions, Paremore heard Hendershot
and his friends making racist jokes. Hendershot and his friends also routinely used racial slurs
with regard to African-Americans, such as nigger, coon, moolie, monkey, spook,
and jigaboo.
38.

As a show of his power over them, Tony Hendershot pretended to befriend

his African-American employees. For example, on several occasions, he invited an AfricanAmerican employee to his house to socialize and play darts; during these gatherings, however,
he referred to this employee as nigger.
Early Efforts by African-American Employees to Complain to Somerville
Executives About Tony Hendershot
37.

Even before Tony Hendershot was promoted to general foreman, at least

one African-American DPW employee complained to former administrator Ralph Chick

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 10 of 16 PageID: 10

Sternadori (Sternadori) about Tony Hendershots mistreatment of him. Sternadori responded

in disbelief, but said that he wanted to keep everything in house.
38.

In the 2000s, this African-American employee complained to Pete

Hendershot -- who was then the DPW Superintendent and Tony Hendershots immediate
supervisor -- regarding his brothers abusive and racist behavior. Pete Hendershot asked Tony
Hendershot to apologize to the employee, but the abusive treatment continued nonetheless.
39.

In or about November 2006, an African-American general foreman wrote

a letter to Mayor Brian Gallagher (Mayor Gallagher) of Somerville, in which the general
foreman complained that black foremen were being treated worse than their white counterparts.
The general foreman wrote, in pertinent part:
It appears that as minority foremen[] we are just an after thought
and arent given the same opportunities as our counterparts were.
Now that we hold these positions and with the advent of minorities
into these positions it appears the opportunities no longer exist
41.

The African-American general foreman sent copies of his November 8,

2006 letter to Sternadori and Pete Hendershot. He received no response from anyone.
Kevin Sluka Begins as Administrator of Borough of Somerville
42.

In or about April 2007, Sluka succeeded Sternadori as the Administrator

of Somerville.
43.

Shortly after Sluka first assumed the position as Administrator, he had a

meeting with two African-American general foremen. During this meeting, Sluka
acknowledged the old boys club that existed in Somerville, and assured the general foremen
that the culture in Somerville would be changed under his watch. The general foremen
understood Sluka to be referring to the racist culture that existed within DPW. Sluka also

10

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 11 of 16 PageID: 11

received a copy of the letter that the general foreman had written to various Somerville
executives in 2006.
44.

Despite Slukas assurances that the culture in Somerville would change,

Tony Hendershots treatment of the African-American employees of DPW remained the same,
and the racial epithets continued under Slukas watch, despite several complaints that were
made to Sluka, as outlined below.
Summer 2008: Sensitivity Training Following Abusive Incident by
Tony Hendershot
51.

Despite (and perhaps because of) the rampant racism in Somerville and

within the Somerville DPW, before the investigation of racism began in early 2014, Somerville
employees had on only a single occasion been trained on preventing harassment and racism in
the workplace.
52.

In fact, Tony Hendershot and Pete Hendershot have acknowledged that

they were never properly trained on harassment and/or discrimination under any federal, state
or municipal law, regulation or policies.
53.

The single training session occurred in the summer of 2008. The week

prior to the training, Tony Hendershot, who appeared to be under the influence of alcohol,
berated one of his African-American general foreman, calling him a mother fucker and a
fucking asshole.
54.

Upon information and belief, Mayor Gallagher and Sluka were both aware

of Tony Hendershots behavior, and this was what precipitated the training session.
55.

The following week, an attorney conducted sensitivity training for the

DPW employees. At the end of the training, the attorney assured the DPW employees that they
could call him to report any hostile work environment issues. This single session was the only

11

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 12 of 16 PageID: 12

mandatory anti-harassment training that was given to DPW employees during Paremores 30plus years of employment with Somerville.
56.

Following the training, Sluka told the general foreman in question that

Tony Hendershot had been reprimanded and was now on thin ice, but Tony Hendershots
behavior and use of racial epithets on the job continued without punishment.
57.

In or about 2011, an African-American employee again spoke to Sluka

about the situation, including the fact that Tony Hendershot referred to him as nigger and
other racial epithets, but Sluka took no action in response.
58.

In the summer of 2012, Tony Hendershot told that same African-

American employee that the employees wife sucks Kevin Slukas dick. She sucks the white
mans dick. The employee promptly reported this behavior to Sluka, and reiterated the types
of racial abuse that Tony Hendershot had subjected him and other African-American employees
on the job, including his frequent use of racial slurs such as nigger to describe the AfricanAmerican employees whom he supervised
59.

During this conversation, the African-American employee asked Sluka for

the card of the attorney who had previously conducted the sensitivity training, but Sluka refused
to share the attorneys name, telling the employee that he would handle it in house. Again,
Sluka took no action in response.
60.

While Sluka was purportedly handling the latest hostile working

environment complaint in house, Tony Hendershot continued to abuse the African-American

employees of DPW in the presence of his brother and supervisor, Pete Hendershot. For
instance, on one occasion in the summer of 2013, Tony Hendershot noticed that the pants of a
white DPW employee were hanging low, and commented to an African-American employee,

12

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 13 of 16 PageID: 13

Darren looks like a wigger. When asked to elaborate what he meant by wigger, Tony
Hendershot explained, a white person acting like a nigger . . . a nigger like you with his pants
falling down.
61.

Paremores last day on the job before his retirement was September 1,

2013. While DPW money was spent on a retirement party for a white employee who retired the
same day, nothing was done by DPW to celebrate Paremores retirement.
Faced With The Threat Of A Lawsuit, Somerville Hires An Attorney To Investigate
61.

In January 2014, three African-American employees of Somerville hired

an attorney to help them end the racist behavior they had been subjected to. Only at this time
did Sluka and Somerville take any action concerning the harassment, hiring an attorney to
represent Somerville.
62.

During his interviews of Somerville employees by Somervilles attorney,

one African-American employee reported that he heard Tony Hendershot make numerous
derogatory comments to Greg Paramore [sic], a former employee who is also AfricanAmerican. [Tony] Hendershot referred to Paramore [sic] as a big fat black nigger, black
asshole, etc. Somervilles attorney, however, did not bother to interview Paremore after
hearing about the reported abuse.
63.

At the conclusion of his investigation, Somervilles attorney concluded

that it was clear beyond cavil that Tony Hendershot used inappropriate racial comments in the
workplace, and that it was clear beyond dispute that the DPW Superintendent, Pete
Hendershot, often witnessed this inappropriate behavior. The investigator concluded, [t]hat
such conduct could have occurred in the 21st century in a New Jersey municipality is
outrageous . . . .

13

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 14 of 16 PageID: 14

CLAIMS FOR RELIEF

FIRST COUNT
Civil Rights Act of 1866 (42 U.S.C. 1981 et seq.; 42 U.S.C. 1983 et seq.)
Hostile Working Environment
64.

Plaintiff repeats and realleges the above paragraphs as though fully set

forth herein.
65.

Defendants subjected Plaintiff to a hostile working environment based on

66.

Defendants actions were unwelcome to Plaintiff.

67.

The harassment suffered by Plaintiff was severe enough to make a

race.

reasonable person of color believe that his working environment was hostile or abusive.
68.

The harassment suffered by Plaintiff was pervasive enough to make a

reasonable person of color believe that his working environment was hostile or abusive.
69.

Plaintiff believed his working environment to be hostile or abusive as a

result of Defendants conduct.

70.

Defendants, acting under color of law, by policy or custom of the Borough

of Somerville, discriminated against Plaintiff by creating a hostile working environment based

on race.
71.

Defendants violated Plaintiffs rights under 42 U.S.C. 1981 et seq.

72.

Defendants violated Plaintiffs rights under the Fourteenth Amendment of

the United States Constitution.

73.

Defendants actions caused harm to Plaintiff.

14

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 15 of 16 PageID: 15

SECOND COUNT
Civil Rights Act of 1866 (42 U.S.C. 1985 et seq.)
Conspiracy
74.

Plaintiff repeats and realleges the above paragraphs as though fully set

forth herein.
75.

Defendants, acting under color of law, conspired to deprive Plaintiff of his

civil rights under 42 U.S.C. 1981 et seq., 42 U.S.C. 1983 et sq., and the Fourteenth
Amendment of the United States Constitution.
76.

Defendants actions caused harm to Plaintiff

THIRD COUNT
New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
Hostile Working Environment

77.

Plaintiff repeats and realleges the above paragraphs as though fully set

forth herein.
78.

Defendants subjected Plaintiff to a hostile working environment based on

79.

Defendants Tony Hendershot, Pete Hendershot, and Kevin Sluka aided

race.

and abetted Defendant Borough of Somerville in subjecting Plaintiff to a hostile working

environment.
80.

Defendants actions caused harm to Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, for:
A. Compensatory damages;

15

Case 3:15-cv-01469-PGS-LHG Document 1 Filed 02/27/15 Page 16 of 16 PageID: 16

B. Consequential damages;
C. Punitive damages;
D. Interest, prejudgment and postjudgment;
E. Costs of suit;
F. Attorneys fees;
G. Equitable relief;
H. Such other relief as the Court deems just and equitable.
JURY TRIAL DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.

s/ Sarah Fern Meil

Sarah Fern Meil
67 Bridge Street
P.O. Box 145
Milford, NJ 08848
Phone: (908) 995-7320
Fax: (609) 228-4307
sarahfern@sfmesq.com
Attorney for Plaintiff

- and BROPHY & LENAHAN P.C.

Joseph Alexander Brophy, Esq.
2101 Pine Street
Philadelphia, PA 19103
Phone: (215) 558-7600
Fax: (215) 449-3376
alex.brophy@brophylenahan.com
Pro hac vice application to be filed

February 27, 2015

16