Marc Krause, of Raritan Borough, filed a legal complaint in Somerville against IPC International Corporation, a security vendor, and General Growth Properties, owner of Bridgewater Commons. The complaint was filed on Dec. 10 by attorney Brian Cige in New Jersey Superior Court in Somerville.
Krause had worked at the mall since April 2001 while it was still owned by Rouse Company, and remained employed in 2003 when General Growth Properties took over mall ownership.
"The plaintiff was not a mall employee, but rather an employee of the mall's security vendor," according to David Keating, vice president of corporate communications for GGP. He said he could not comment further on pending litigation.
The complaint contends that GGP was the decision maker for Krause's hiring and firing, and therefore his 'de-facto co-employer.'
On May 19 while at work at the mall, Krause noticed a woman, who he found out later was Muslim, wearing a Hijab and mistakenly requested she remove the head covering, believing it was against the mall's 'no mask' policy, the complaint said.
The woman filed a report with Bridgewater Police and later filed a civilian harassment complaint with the Bridgewater Municipal Court, which was later dropped, the complaint said.
Krause, who is classified as having borderline intellectual functioning, or below-average cognitive ability, had no prior disciplinary actions against him, had been commended for his work, and both IPC and GGP were aware of the disability, the complaint said. He came to work at the mall as a client of the Bridges to Employment program of the Raritan-based Alternatives, Inc., the complaint said.
Krause later learned that there were exceptions for wearing religious garb in the mall, and was he was given cultural retraining on May 22, but was not allowed to return to work after the incident, the complaint said. The complaint contends that the employers' actions were motivated by their perception of his disability.
Krause was offered a security position at IPC's West Windsor location, but when he discovered he would be working alone, and that it was a much longer commute, he found the offer to be unacceptable, the complaint said.
IPC transferred Krause to West Windsor anyway, so Krause told IPC he would have no choice but to file for unemployment benefits unless it allowed him to return to Bridgewater Commons, which it did not, the complaint said.
The lawsuit is seeking Krause's reinstatement to his previous position at Bridgewater Commons, economic and compensatory damages, non-economic damages for pain and suffering, and attorney costs, with a trial by jury, the complaint said.
"We're really at the very beginning of the lawsuit," Cige said.
No court dates have yet been set, Cige said.
Source:NJ.com
Krause was offered a security position at IPC's West Windsor location, but when he discovered he would be working alone, and that it was a much longer commute, he found the offer to be unacceptable, the complaint said.
IPC transferred Krause to West Windsor anyway, so Krause told IPC he would have no choice but to file for unemployment benefits unless it allowed him to return to Bridgewater Commons, which it did not, the complaint said.
The lawsuit is seeking Krause's reinstatement to his previous position at Bridgewater Commons, economic and compensatory damages, non-economic damages for pain and suffering, and attorney costs, with a trial by jury, the complaint said.
"We're really at the very beginning of the lawsuit," Cige said.
No court dates have yet been set, Cige said.
Source:NJ.com
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