Suit Claims Brick Court Employees Made Daily Homophobic Comments

BRICK, NJ — The Brick Township municipal court clerk has filed a lawsuit against the town, accusing town employees of a steady stream of homophobic comments and the town administration of retaliating against her when she complained.

Sarah Fearon filed the lawsuit Friday in Superior Court in Ocean County, naming the township, its business administrator, Joanne Bergin, and court administrator Michele Edgin, as well as unspecified township employees.

Fearon, who lives in the Manahawkin section of Stafford Township, alleges a pervasive atmosphere in Brick's municipal court offices where racist and homophobic comments were made on a daily basis. Further, she alleges violations of the township's anti-harassment policy and the New Jersey Law Against Discrimination, saying nothing was done to stop the behavior, which she claims escalated after she complained.

"I was saddened when notified by the media of this lawsuit," Bergin said in reply to a request for comment. "Brick Township’s culture is one of service, support and professional courtesy. Inappropriate and hurtful comments are not acceptable as part of our dialogue and when issues or concerns are brought to our attention they are addressed."

"We will review the suit and respond accordingly with respect, support and appreciation for all public employees in Brick Township who dedicate themselves to serving our residents and visitors with efficiency and compassion," Bergin said.

Fearon's lawsuit alleges: "For years, Brick Township Municipal Court employees mocked minority employees and members of the public utilizing the court’s services ... employees openly stated in the workplace that interracial couples and/or marriages are 'disgusting' and that members of the 'LGBTQ community' should 'not have the right to vote in elections.' "'

Fearon, who is a lesbian, was hired in March 2016 as a keyboarding clerk. She did not disclose her sexual orientation at work, she says. She alleges in the lawsuit that homophobic and racist comments were a pervasive problem from the moment she was hired. She is currently on medical leave, the lawsuit says.

Among the comments the lawsuit alleges were made: "Gay people are gross;" "Gay people are crazy;" "People are just gay to fit in;" and "Gay people are only gay because they think it is cool, especially nowadays in high school."

She says one co-worker, who was aware Fearon's sister is gay, said to her: "How is your mother okay with that, I don’t know what I would do if my daughter was. I don’t understand it and find it disgusting, I would disown my girls."

Racist comments were common as well, Fearon said, alleging co-workers would point to or refer to interracial couples as "disgusting," and that racist comments "were permitted 'as long as your(sic) quiet and no one hears you being racist.' "

Fearon's lawsuit says she complained in February 2018 to Edgin, the court administrator, about the comments, and alleges Edgin told her to brush off the remarks, saying: "They are older and their going to have their opinions, they are from a different generation."

Fearon elevated the complaints to her union representative, Christine Scott, in March 2019, but no action was taken, she says. In November she went to Bergin about the issue. She alleges Bergin also ignored the complaints, instead suggesting Fearon tell her co-workers she is a lesbian "so they stop making jokes and comments … If people knew, they probably would be aware and not say anything."

When Fearon pressed for an investigation, she alleges Bergin tried to dissuade her from pursuing it. The investigation went forward, and Fearon's suit alleges Bergin and Scott told her on Jan. 7 that the investigation found her complaints were unsubstantiated.

In the meantime, she alleges Edgin and her co-workers have repeatedly retaliated against her over her formal complaints, making comments directed at her, isolating her at a public luncheon and otherwise shunning her, to the point she felt she had no choice but to leave and seek medical help for anxiety and stress.

Fearon filed suit "to put an end to the madness, once and for all," the suit says. She is seeking reinstatement of employment and all benefits, extensive financial compensation described as both back pay and "front pay" along with damages, payment of her attorneys' fees, and extensive examination of Brick's policies on harassment and retaliation and training to prevent similar issues in the future.

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