A Newark manufacturing company probably violated New Jersey anti-discrimination law when it fired a woman after her hand was crushed during an industrial accident, the state Division on Civil Rights announced Wednesday.

Named as respondent in a finding of probable cause is the Royal Aluminum Co. Inc., which manufactures insulated glass units.

In a complaint filed by the former employee, Nereira Berrospi Juares, and joined by Division on Civil Rights Director Chinh Q. Le, Royal Aluminum is charged with terminating Juares shortly after her left hand was crushed in a machine and she was restricted by a physician to light duty.

According to the finding of probable cause, Juares was injured on Oct. 30 — her third day on the job — when her work glove became caught in a machine. She was treated for a crush injury and directed by the physician to avoid work until Nov. 2, when she would be re-evaluated.

On Nov. 2, Juares was told the severe swelling and bruising of her left hand necessitated further rest. On Nov. 4, Juares was cleared to return to work on a "light duty" basis and provided Royal Aluminum a physician's note documenting that restriction. Two days later she was fired.

"The Law Against Discrimination was designed precisely to address the kind of conduct alleged here — a complete disregard of the civil rights of someone injured on the job," Le said. "We simply cannot tolerate employers who exploit our most vulnerable workers — people who are just trying to earn an honest living."

According to the finding of probable cause, Royal Aluminum Vice-President Jeff Papa told state investigators Juares was slated for discharge before her accident because of poor job performance. However, Papa acknowledged that Juares had only worked at Royal Aluminum for two full days at that point, and that no one at the company had raised a concern with her about her performance. Royal Aluminum was also unable to provide any documentation to support its claim.

Papa also maintained that Royal Aluminum was not in violation of the anti-discrimination law because Juares did not belong to a protected class at the time of her discharge. Specifically, Papa contended that Juares could not be classified as "disabled" because of her hand injury.

However, according to the finding of probable cause, the term "disability" is broadly construed within the meaning of the law, and is not limited to "severe" or "immutable" disabilities. The anti-discrimination law's definition of disability includes a "physical disability, infirmity, malformation or disfigurement which is caused by bodily injury."

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 anti-discrimination law provides that each person or company found to have committed a violation is subject to a penalty of up to $10,000. The law also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer's policies and management/staff training.

Now that the Division of Civil Rights has issued a finding of probable cause, the Royal Aluminum case will be referred for a process known as conciliation. If conciliation is not successful, the matter will be referred for a non-jury trial before a state Administrative Law Judge. Once the trial is completed, the judge will issue a written initial decision.

Civil Rights Investigator Elbia Concepcion, Newark Office Manager Lorraine LeSter and Legal Specialist Benn Meistrich handled the case.

— TOM HESTER SR., NEWJERSEYNEWSROOM.COM