MID-L-000132-20 01/07/2020 6:15:43 PM Pg 1 of 16 Trans ID: LCV202040296

YVETTE C. STERLING, ESQ.

Attorneys for PLAINTIFF

ELEANOR BULLOCK SUPERIOR COURT OF NEW JERSEY

DOES 1-7
Defendants.
PLAINTIFF COMPLAINT

Plaintiff, through her undersigned counsel, hereby Complains against (collectively

"Defendants”) in their official and personal capacity, capacities and John Does 1–7, allege, upon

knowledge as to their own conduct and upon information and belief as to the conduct of others:

Introduction
1. This action seeks damages and injunctive relief to redress Defendants’ past and

continuing violation of Plaintiffs’ civil rights based upon her race, her complaints about being

(remove: sexually harassed) (replace with: discriminated against, treated unfairly, experienced

inequity, experience prejudice, a subject of racism, over looked, sidelined, and treated

disparately. Plaintiffs is a Black, female. She believes that her continued mistreatment including

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not being provided a job promotion, higher job title, senior position, upward mobility,

opportunity for upgrade, same raises as the seniors and absolutely no advancement is directly

related to her complaints, and or the department's continued disparate treatment of her, due to her

race and/or to further suppress, repress against her and keep her down in one or the same position

for several years despite her work quality, work experience and her academic achievements.

Defendants and their associates allowed racism to pervade it, and conspired to target the Plaintiff

for improper, illegal, unreasonably and discriminatory, harassing treatment, which has resulted in

financial and mental hardships and distress.

PARTIES
Plaintiffs

2. ELEANOR BULLOCK ("Plaintiff"), is a Black, female African American of

Belizean Carib ancestry and was a resident of New Jersey during the relevant times of these

incidences and is an employee of defendant Rutgers University

DEFENDANTS
3. STATE UNIVERSITY OF NEW JERSEY (“RUTGERS UNIVERSITY” (”

Rutgers”) is a registered government agency with a principal place of business in New

Brunswick, New Jersey.

4. DAVID FENKEL, is currently and recently is the Director (acting), University

Procurement Services whose address is 33 Knightsbridge Road, Piscataway, New Jersey 08901

on information and belief is a resident of the State of New Jersey. He is a white male and at some

relevant times a supervisor with Rutgers. Primarily, it is alleged conspired with (David Hamlin,

Kevin Lyons, Mat Kaiser, Natalie Horowitz, Stanley Makarevic, Michael McLatcher, Ms.

Jennifer Eliopoulus and Maurice Peredez who were previously Directors in University

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Procurement, but are no longer employed at Rutgers University, all who had the power to affect

the conditions of the Plaintiff employment. All instead acted, aided and abetted and conspired

with the other defendants to violate Plaintiff's civil rights by not providing her the title of senior

buyer/analyst and instead burdening her with the responsibility without the title or the salary.

This violating her rights under other federal and state Constitutional guarantees.

5. JOHN DOES 1–7, residents of the State of New Jersey, were all Directors,

Supervisors in Rutgers University Procurement and were conspirators and co-conspirators

with Defendants, and other individuals and/or entities were all involved in, inter alia, depriving

Plaintiffs of the rights, privileges, and immunities guaranteed by the Constitution and laws of the

United States and the State of New Jersey.

JURISDICTION and venue

JERSEY CONSITUTION AND COMMON LAW.

FACTS COMMON TO ALL COUNTS:

7. Plaintiff ELEANOR BULLOCK is Black, female.

8. Mrs. Bullock was hired by the Rutgers University (Purchasing) Procurement

Department as an Assistant Buyer in 1998. She was promoted to a Buyer position approximately

5 years later.

9. In approximately fifteen years and just recently, the job title “Buyer” was changed

to the job title called” Category Analyst”.

10. When Plaintiff commenced her employment in 1998, she had a Bachelor’s Degree

from Syracuse University, which she earned in 1982 and the Plaintiff also possessed an

Associate of Art Degree from NY Technical College that she earned in 1979. She was employed

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to work at Rutgers University (Purchasing) Procurement Department. In addition to her

Associates of Arts Degree and her Bachelor’s Degree, and in her effort to continue to seek

upward mobility in University Procurement, the Plaintiff pursued further education and earned a

Master’s Degree in Liberal Studies from Rutgers University in 2008, and another Master’s

Degree in Public Affairs and Administration also from Rutgers in 2009.

11. Today the Plaintiff still has the same title a “Buyer” or the recent changed title

“Category Analyst”. Although she has done over and beyond and continued to perform the job of

a “Senior Buyer” or the title known today as a “Senior Category Analyst”.

12. In or around 2013 (Natalie Horowitz, Rutgers University Purchasing Department

Director dates currently unknown) noticed the work load discrepancy and noted that the Plaintiff

work responsibilities and work load as a ‘Buyer’ was exactly and no different from the “Senior

Buyer’. As a result, as the then Director, Natalie Horowitz made a minor change to the job

responsibilities of a Buyer and a Senior Buyer in which the Buyer no longer created Request for

Proposals (RFP) and designated the RFP job responsibility to Senior Buyers only. All other job

responsibilities of a Senior Buyer and a Buyer remained the same.

13. For several years and several time, the Plaintiff has applied for the Senior

Buyer/Category Analyst position and was denied the position each time by the Rutgers

University (Purchasing) Procurement Department and Rutgers Human Resources.

14. The records in Rutgers Human Resources will show that in her effort to be

granted a promotion or upward mobility, the Plaintiff for years has consistently applied for a

Senior Buyer or Senior Category Analyst position in Rutgers University Procurement

Department, as well as several other related jobs that were posted in different departments in

Rutgers University and the Plaintiff was consistently turned down for all the Senior Buyer or

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Senior Category Analyst promotion or upward mobility opportunity she applied for without any

explanation, any meeting, any discussion, any consultation, any reason, any justification except

the Plaintiff received a template email from Rutgers Human Resources indicating that another

candidate was selected, despite the fact that the Plaintiff had performed the same Senior Buyer

job duties and job responsibilities for years, and despite the fact that the Plaintiff met all the

criteria including academic qualification. Most recently the Plaintiff applied for a Category

Analyst position as recently in 2017 and applied again for a related or similar position in

University Procurement in 2018 and 2019 and was not provided the position.

15. Plaintiff has never been provided and answer as to the reason why she was not

promoted, instead most of the time, she received an email that they have provided the job to

anther applicant nad thanking her for her application.

16. After the Plaintiff obtained her two masters from Rutgers, one in Liberal Studies

and the other in public administration, she has placed these qualifications and her experience on

all the resume and on her cover letters, however, she has not been promoted and she was never

ben ever provided a reason or explanation for not getting the job and never was she informed

why she has not been promoted. Plaintiff recalled only once being called to a meeting where she

was told that she would not be obtaining the position. Plaintiff has also had some hope when the

current Acting Director David Fenkle sent her this email:

“David Fenkel
Mon 9/4/2017 9:44 AM

Eleanor –

Thank you for the head’s up about your intentions. I was not able to open the attachment. Perhaps,
you could send a regular word version.

While I certainly understand a desire to move into a better position, I am concerned that you seem so
desperate to leave University Procurement. I would like to talk with you, and understand why. I am

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not trying to dissuade you from seeking other opportunities – especially if they are career advancing –
but having just moved into my new position, I would like to see what, if anything, there is I can do to
help.

Dave“

17. This attitude has persisted for the last three years. Rutgers University (Purchasing)

Procurement Department has hired several white female and males, and the Plaintiff recalled

several white or Caucasian workers who were hired in the same Rutgers University (Purchasing)

Procurement Department for the jobs the Plaintiff applied for, including Jeff Hadley, Sarah

Vecchio, Katherine Kuhnert, Gary Willan, Danielle Lasalle, Dennis Demarino, Natalie Mayfield

and Maryse Bloom who the Plaintiff can recall and who also were hired or promoted and most of

them did not have the level of the job experience or perhaps didn’t even have a degree or the

required academic qualification that was requested of the position .

18. About five years ago one of the Plaintiff supervisors name Douglass Dennis, saw

the discrepancy and noted that the Plaintiff she was not earning the same salary or annual wage,

or close to the same salary and annual wage that the Senior Buyer’s salary and wages were

although the Plaintiff was performing the same Senior Buyer job duties and responsibilities

which in actuality were not the job duties and responsible of her Buyer job title. Mr. Doug

Dennis went to his supervisor who at that time was (Natalie Horowitz) to inform her of the parity

in Plaintiff job duties and responsibilities and compared it to her wages, this resulted in the

Plaintiff obtaining a small pay increased, but not a promotion to a Senior Buyer, and not a new

job title. At the same time, the Plaintiff still was not provided the Senior Buyer title and to date,

the Plaintiff salary is still substantially less than that of a Senior Buyer/Category Analyst.

19. Plaintiff believes the difference in salary amounts to nearly $20,000.00 to $30,000

dollars annually.

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20. In 2019, in another effort for a promotion, the Plaintiff again applied for another

job posting in her department University Procurement titled “Strategic Sourcing

Analyst” position (Job Posting # 18ST1329) that has been recently posted on the official Rutgers

University Job Posting website. The Plaintiff wrote:

“I enthusiastically write to inform you that I have applied for the Strategic Sourcing Analyst
position. In my current position as a Category Analyst, and with the length of years I have been
employed in Rutgers University Procurement, I feel that my duties and responsibilities have
provided me with strong skills in Contract Management, Purchasing, Procurement, Strategic
Sourcing, Leadership Skills and Abilities, basic Accounts Payable skills, Special Project Assistance
skills which I believe I can easily transfer to the Strategic Sourcing Analyst position.

I strongly believe I can bring my skills, my abilities along with my enthusiasm for change and
challenges, my desire to learn and acquire new skills and my effort to continue to work hard to
any of the positions. I also believe that the skills, the capabilities and the strengths that I
possess can easily be transferred to the Strategic Sourcing Analyst position.

I have outstanding teamwork and leadership skills, where I have demonstrated my ability to
both contribute to our organization and to motivate others. I am a dedicated worker with a
desire to make a difference and to become a change agent. Based on these competencies, I am
certain that my experience and professional diligence could be an asset to our University
Procurement Department, and to the University as a whole.

Please know that I am confident if given the opportunity to serve as the Strategic Sourcing
Analyst, I will bring enthusiasm, hard work, flexibility, and diligence to the role. I know I am
capable of carrying all the functions in each of the positions, and I am also capable of carryout
out the work that is required in many other capacities in our department. If you give me an
opportunity, I will prove that I can be one of your best University Procurement Strategic
Sourcing Analyst worker.”

21. However, she obtained the same result no response and no job assignment or

promotion. The job was not offered to her, the job was offered as a promotion to a Caucasian

who did not have the same qualification as the Plaintiff, and not one director, manager, or the

Plaintiff direct supervisor met with her to inform her why she didn’t get the job, why she

continuously is not offered an opportunity for a promotion and, or what she need to do in order

to get a promotion. No one, absolutely no one of authority in University Procurement has ever
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sat with the Plaintiff to help, to guide, to consult, to direct, to assist, to support except to simply

deny her of the opportunity which she believes is the result of blatant discrimination and racism.

CAUSES OF ACTION

Count I – Deprivation of Constitutional Rights Under NJ CONSTITUTION

21. Plaintiffs incorporate by reference the allegations contained all foregoing paragraphs

as though fully set forth herein.

22. Under color of state law, Defendants deprived Plaintiffs of her rights, privileges, and

immunities secured by the Constitution and laws of the NJ because of her race black,

ancestry and or nationality.

23. Under color of state law and their official positions, Defendants have denied plaintiff

equal protection under the law by discriminating against her on account of her race and

treating her less favorably than similarly-situated white, employees.

24. Under color of state law and their official positions, Defendants have deprived

Plaintiffs of her property without due process of law, without just cause, and without

providing any right to a hearing.

25. As a direct and proximate result of said acts, plaintiff has suffered serious and

continuing injury.

26. Defendants committed the foregoing acts intentionally and with actual malice.

27. Because Defendants’ conduct is ongoing, Plaintiff have no adequate remedy at law to

redress all of their injuries and to prevent further injury.

WHEREFORE, plaintiffs pray on this count for compensatory and punitive damages,

injunctive relief, and such other relief as the Court may deem appropriate, including

attorneys’ fees and costs.

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Count II – DISCRIMINATION Under NJ LAD

28. Plaintiffs incorporate by reference the allegations contained all foregoing paragraphs

as though fully set forth herein.

29. Plaintiff is a black female, college educated, citizen of the United States, born in

Belize, Central America.

30. She has conducted herself on the job better than the employer’s expectations.

She was not only doing her job as a Buyer but has performed, the Senior Buyer’s duties

for years.

31. This was evidenced by her supervisor Mr. Douglass Dennis, who recognized that she

was performing the job of a Senior Buyer without the compensation and promotion and

decided to request that his supervisor increase Plaintiff’s pay because she was doing the

Senior Buyer duties. Plaintiff contends that she did more than her duties called for.

32. However, that pay increase obtained by Mr. Douglass Dennis was not equal to the

pay received by the White Senior Buyers.

33. Defendants, on the basis of race, and/or her nationality and her ancestry have

deprived Plaintiff of the enjoyment of all benefits, privileges, the terms and conditions of

her employment. She was not provided the promotion nor the pay of a Senior Buyer,

although she continues to perform the work of a Senior Buyer. She was not given the

same raise or the same pay.

34. She continued to apply for these positions and still was not provided the promotion

even after she had obtained two masters degrees and had been working at Rutgers

University Procurement for more than 20 years.

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35. Instead defendants gave the jobs to other less qualified white employees. She was

never provided an interview; she was never informed of why she was not provided the

job. Instead she only received word that she would not be getting the position by email

and just one time in a meeting.

36. Plaintiff has applied for numerous Senior Buyer or Senior Category Analyst jobs and

she was never given the position, nor the proper pay.

37. As a direct and proximate result of said acts, plaintiffs have suffered serious and

continuing financial, emotional and mental injury.

38. Defendants committed the foregoing acts intentionally and with actual malice.

39. Because Defendants’ conduct is ongoing, Plaintiff has no adequate remedy at law to

redress all of her injuries and to prevent further injury.

40. Plaintiff believes but for her race, she would not be subjected to this treatment and

conduct by defendants.

WHEREFORE, plaintiffs pray on this count for compensatory and punitive

damages, injunctive relief, and such other relief as the Court may deem appropriate,

including attorneys’ fees and costs.

WHEREFORE, plaintiff demands judgment against defendant jointly and

severally as follows:

(a) Damages in an amount in excess of her damages for her pain and suffering;

(b) Judgment against defendants for compensatory damages, including damages for not

receiving the proper pay, the promotion, emotional and mental stress and distress,

consequential damages, punitive damages, pre and post judgment interest, reasonable

attorney’s fees as multiplied under the Law Against Discrimination;

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(c) Other incidental costs of the lawsuit and any such other relief as the Court deems

proper.

(d) Declaring that Defendants have violated; N.J. Const. art 1., §§ 1, 5; NJ LAD § 1 by,

inter alia, targeting Plaintiff for discrimination on account of her, race and/or

nationality, denying Plaintiffs equal protection of the laws

(e) Permanently enjoining Defendants, their agents and successors in office, and all

persons working in concert with them, from such conduct in the future.

(f) Reinstating Plaintiff to her right position and providing her full back pay, seniority and

all that is necessary for her to be made whole.

(g.) All equitable relief that the Court deems just and proper to effectuate the remedial

measures of the New Jersey Law Against Discrimination and to make the Plaintiff whole.

(h) Allowing all discrete acts not sued upon to be included in the complaint regardless of

the statute of limitations.

COUNT III NATIONALITY AND ANCESTRY DISCRIMINATION UNDER N.J.S.A.

10:3-1

41. Plaintiff incorporates all the facts, allegations and parties as presented in the

preceding paragraph as if fully included herein.

42. Defendants, on the basis of race, and/or her nationality and her ancestry have

deprived Plaintiff of the enjoyment of all benefits, privileges, the terms and conditions of

her employment. She was not provided the promotion nor the pay of a Senior Buyer,

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although she continues to perform the work of a Senior Buyer. She was not given the

same raise or the same pay.

43. She continued to apply for these positions and still was not provided the promotion

even after she had obtained two masters degrees and had been working at Rutgers

University Procurement for more than 20 years.

44. Instead defendants gave the jobs to other less qualified white employees. She was

never provided an interview; she was never informed of why she was not provided the

job. Instead she only received word that she would not be getting the position by email

and just one time in a meeting.

45. Plaintiff has applied for numerous Senior Buyer or Senior Category Analyst jobs and

she was never given the position, nor the proper pay.

46. As a direct and proximate result of said acts, plaintiffs have suffered serious and

continuing financial, emotional and mental injury.

47. Defendants committed the foregoing acts intentionally and with actual malice.

48. Because Defendants’ conduct is ongoing, Plaintiff has no adequate remedy at law to

redress all of her injuries and to prevent further injury.

49. Plaintiff believes but for her nationality/ancestry or race, she would not be subjected

to this treatment and conduct by defendants.

WHEREFORE, plaintiff demands judgment against defendant jointly and

severally as follows:

(g) Damages in an amount in excess of her damages for her pain and suffering;

(h) Judgment against defendants for compensatory damages, including damages for not

receiving the proper pay, the promotion, emotional and mental stress and distress,

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consequential damages, punitive damages, pre and post judgment interest, reasonable

attorney’s fees as multiplied under the Law Against Discrimination;

(i) Other incidental costs of the lawsuit and any such other relief as the Court deems

proper.

(j) Declaring that Defendants have violated; N.J. Const. art 1., §§ 1, 5; NJ LAD § 1 by,

inter alia, targeting Plaintiff for discrimination on account of her, race and/or

nationality, denying Plaintiffs equal protection of the laws

(k) Permanently enjoining Defendants, their agents and successors in office, and all

persons working in concert with them, from such conduct in the future.

(l) Reinstating Plaintiff to her right position and providing her full back pay, seniority and

all that is necessary for her to be made whole.

(g.) All equitable relief that the Court deems just and proper to effectuate the remedial

measures of the New Jersey Law Against Discrimination and to make the Plaintiff whole.

(h) Allowing all discrete acts not sued upon to be included in the complaint regardless of

the statute of limitations.

THE CONTINUING VIOLATION DOCTRINE

The Court is asked to invoke the Continuing Violation Doctrine to allow all her claims to

move forward because Defendant’s acts are continuous and Plaintiff continues to be injured.

Defendants had requested that Plaintiff wait before taking any action however that was several

years ago and she has been waiting to no avail. Plaintiff contends this was a stall tactic to keep

her from reaping the benefits of her employment, and guarantees under NJ Constitution/.

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WHEREFORE, plaintiffs pray on this count for compensatory and punitive damages,

injunctive relief, and such other relief as the Court may deem appropriate, including

attorneys’ fees and costs.

January 6, 2020

Respectfully submitted,

/S/ Yvette Sterling

Yvette C. Sterling
Sterling Law Firm,

DEMAND FOR JURY TRIAL

Pursuant to New Jersey Court Rules, Plaintiff hereby demands a trial by jury as to all

issues so triable.

DESIGNATION OF TRIAL COUNSEL

Yvette C. Sterling, Esquire is hereby designated as trial counsel. Plaintiff requests a trial

by Jury.

STERLING LAW FIRM,

/S/ Yvette Sterling

________________________________
BY: Yvette C. Sterling, Esquire

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Dated: January 6, 2020

CERTIFICATION PURSUANT TO R. 4:5-1

I hereby certify to the best of my information, knowledge and belief that the matter in

controversy is not the subject of any other action pending in any court or of a pending

arbitration proceeding, that no other action or arbitration proceeding is contemplated, and I am

not aware of any person who should be joined in this matter.

/S/ Yvette Sterling

______________________________
Yvette C. Sterling, Esq.
Dated: January 6, 2020

STATEMENT OF DAMAGES

Plaintiff will be seeking, all back wages and raises that she did not receive. (2) She will be

seeking the acting pay for doing the job of a Senior Buyer for at least 18 years. (3) She will be

seeking back pay for all that the time she worked as a Senior Buyer or a Senior Category

Analyst. (4) She will be seeking compensation for pain and suffering, and for humiliation, (5)

She will be seeking punitive damages (6) Full reinstatement of pension rights at the pay she

should have been receiving if promoted. (7) Interest from the date of the law suit. (9) Cost of

suit and attorney’s fees with all multipliers.

/S/ Yvette Sterling

______________________________
Yvette C. Sterling, Esq.

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Dated: November 18, 2019

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