Legal Question in Discrimination Law in New Jersey
I am a machine operator. I move boxes to and from a ship at a terminal in north NJ. While I work I have a partner, he will do (usually) 4hrs then I would come and relieve him and do my 4 hours or vice-versa. Problem started when my partner decided that he didn't want me as a partner so he started smoking in the machine that we share. At the beginning I naturally dealt with it but eventually I must of grown a huge sensitivity to cigarette smoke and especially the residue (ash) left by the cigarette. In the winter you can't open the windows and the heat comes from under the seat blowing the ash everywhere and even though you can't see it, you breath it I guess..
My symptoms usually more profound when getting in the machine after my partner has been in it. They are bad headache, lightheadedness, sore throat, dry cough and sometimes dizziness with nausea. I have gone to my Foreman numerous times for over 5 months and it got to a point where they would give me another machine to drive but I noticed after a while the machines they would give to me as a replacement were ashtrays on wheels, awful. Were these the only machines available, ash filled disgusting machines? I know my Foreman has favorites and there are machines that are in impeccable condition, very clean. I continued to discuss problem with Foreman and they were neither giving me someone else(non-smoker) to drive with or helping me with the conditions of the machines. Furthermore, on days I did not work with my partner they would give me a partner who smoked (thank God some of them smoked responsibly). I write to you for help, this is getting me real sick, I am missing work now and I don't know what to do. The last time I asked for another machine my Foreman did not comply and forced me to stay in the machine threatening me to leave and face the superintendent, so I stayed hoping to get through my shift, well that night after just over an hour into my shift I got so sick, I had to leave, it took me hours to get home because I was feeling so ill, and ended having to go to hospital instead....
My Foreman has no intention of helping me, he is actually bullying me and giving me false advice and threatening me with other accusations...He tells me this(smoking in the machines) has nothing to do with the Union when even I know it has everything to do with the Union.....that night I got sick, I was given a machine in which the night before had just came out of the mechanics super clean, so that next day my Foreman decides to give him that clean machine (the one I got sick in) instead of giving him one of the many machines so far gone with smoke and ash in it...this is a strong indication that my Foreman has no intention of remedying my situation...
1 Answer from Attorneys
Your narrative covers many allegations, including potiential hostile working environment claims, violations of New Jersey air quality regulations, ADA, NJ Law Against Discrimination and OSHA violations. In addition, you imply that your union has failed to help you (assuming that you have already contacted your union representative and asked for help). As it is impossible to discuss all of your possible causes of action in this forum, I recommend that you contact an attorney and make an appointment for a consultation. Feel free to call my office if you would like to discuss this.
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