A judge dismissed a lawsuit filed by Jersey City recreation department employees in May 2021 that alleged that they were discriminated against via the implementation of a new table of organization.
By John Heinis/Hudson County View
The lawsuit, filed in Hudson County Superior Court by Alita Carter, Daniel Ali, Emerlyn Deline, and Frank Gilmore, the latter who was elected the Ward F councilman in November 2021, claimed they were “effectively terminated” since they had to “reapply” for their jobs.
In that year, the city converted the recreation department into the Department of Recreation and Youth Development. The suit originally had 12 employees, all minorities, who said they were illegally transferred, demoted, or had their title changed.
Hudson County Superior Court Judge Susanne Lavelle dismissed the case with prejudice, meaning that it cannot be refiled, to the satisfaction of the city, who said from the beginning that the case had no merits.
“We said from the beginning this was a frivolous lawsuit and an unfortunate waste of time. The judge’s ruling to dismiss all claims clearly confirms no form of discrimination or retaliation occurred,” said city spokeswoman Kimberly Wallace-Scalcione.
“In fact, as a result of the state-approved reorganization, there are now more minorities employed within the department and a higher amount of minorities appointed to managerial roles.”
Data provided by Scalcione indicated that prior to the reorg, the department had 40 minority employees, which increased to 49 by the following year, and then 61 as of February 26th, 2024.
She also pointed out that six of the nine employees in that department that had managerial duties are minorities.
Gilmore told HCV that while he was disappointed in the outcome, he doubled down on his assertions made in the lawsuit and hinted that they may try to pursue the case in another venue.
“While I respect the judicial process, I’m dissatisfied with today’s ruling. This administration has a track record of mistreating Black, brown and older people. The good thing is I believe sometimes justice is delayed.”
Gilmore is also a plaintiff in a lawsuit filed against the city over their municipal redistricting process in January 2022, and while that case was dismissed with prejudice about seven months later, there is still a chance the appellate court will hear it.
