Whistleblower Lawsuit: Age, Gender Bias In Howell Municipal Court

HOWELL, NJ – A former Howell Municipal Court Administrator is suing the township after being let go from her position last year, according to documents filed in Monmouth County Superior Court. Rosemary O’Donnell, 65, filed a complaint on July 31 against the Township of Howell and township manager Brian Geoghegan, seeking damages for age discrimination, disability discrimination, gender discrimination and whistleblower retaliation.

According to O’Donnell’s complaint, the township and Geoghegan “unlawfully retaliated against O’Donnell” for raising objections about the inequality in salaries for female employees and complaining about employees being forced to retire due to their age. After six years working for the township, the administrator was fired in Aug. 2019.

“The Township has a systemic pattern of abuse and hostility towards its senior and older employees and supervisors,” the lawsuit reads. “The Township has taken actions against employees other than O’Donnell to force them out of their positions due to their age … O’Donnell’s age was a factor in the decision by Defendants Geoghegan and the Township to fire her.”

Per the suit, O’Donnell’s replacement is more than 10 years her junior, adding that the township did not want to pay for O’Donnell’s higher salary requirements. She also mentioned that older employees – particularly women – were paid lower salaries and wages compared to male counterparts with equal or less experience.

“I don’t think that they really considered women to have a voice, that women shouldn’t have a voice. You should just really be excited that you got the job,” O'Donnell told Patch.

“People were coaxed or asked to retire. They didn’t really have any other choice. It wasn’t a friendly work environment for women, especially women of age … they never took me seriously.”

“I Just Wanted To Work And Be Able To Function”

O’Donnell told Patch that her termination came when the township administered her a routine drug test in June 2019. The administrator tested positive for lorazepam, a benzodiazepine she had been prescribed for years by her doctor to manage her anxiety. In fact, when she was hired, O'Donnell was taking the same exact medication.

“I had to go through a physical at that time [I was hired]. I was on the same medication that I was [on] six years later," said O'Donnell. "I was always truthful about what was wrong with me, I’ve had [anxiety] for most of my life. I was struggling and broken for years. I just wanted to work and be able to function.”

According to the complaint, although the township was aware of her prescription and that she took the medication throughout her tenure, O'Donnell was suspended on Aug. 1, 2019.

Per O'Donnell's attorney John R. Tatulli, the administrator did attempt to reach out to the township after her termination regarding the allegations of retaliation, but the township was “not interested in resolving it. This was really the only option we had left.”

“The fact that she had these issues, that was known,” said Tatulli. “A lot of it had to do with what she did, to help her coworkers and colleagues and herself in speaking up. That’s really where the targeting and unfair treatment comes in.”

Missed Opportunities

Amid losing her job and being forced to leave her home in Howell due to significant lack of income, O’Donnell also cited that she has missed out on several important opportunities she contributed to the community, such as maintaining a program to allow local special needs students assist in her office. According to the former administrator, the program is no longer in operation.

“I had such a good standing in the community in more ways than one,” said O’Donnell. “[The students] so enjoyed coming and working everyday,” said O’Donnell. “They’re not there anymore because I’m not. I was the only one that took them in.”

O’Donnell says that, due to her termination, she has also missed out on potential post-retirement opportunities. Per her attorney, it is common for municipal court administrators – even retired ones – to assist surrounding courts with temp work, averaging employees an extra $15 to $20 an hour.

However, the 65-year-old has since moved to Florida to live with family and has not yet found another place of employment. As the main breadwinner of the family, the former administrator also lost health insurance that would otherwise pay for her husband’s medications, which cost over $1000 per month. O’Donnell says that she has been forced to sell her car to afford the treatment for her spouse, who is an amputee with a rare blood disorder.

O’Donnell also told Patch that her sudden and forced move out of the state has led her to miss precious time with her family, including her father’s 90th birthday and the birth of her granddaughter three months ago. Due to travel restrictions amid the COVID-19 pandemic, traveling from Florida to New Jersey has not been an option for the senior.

"My daughter lives in the Princeton area and [my granddaughter] Macy Anne was born three months ago. I haven't even been able to touch her or hug her," O'Donnell said.

Not The First Time

O’Donnell is not the first employee to pursue litigation against the township over unfair workplace practices. In 2012, Howell's municipal court also served as the focal point of a $1.3 million civil settlement when four female employees claimed they had experienced sexual harassment in the office. Howell settled with the plaintiffs out of court in 2014, the year O’Donnell was hired to work at the office.

According to O'Donnell's complaint, the plaintiff is demanding a trial by jury on all issues listed. As of Aug. 27, the township has not filed a formal response.

“Rosemary was one of the ones strong enough and … brave enough to speak up and defend herself,” said Tatulli. “Traditionally in the workplace, women have not always had the strength and the courage and ability to fight for equal treatment. Now things are finally starting to change in many aspects.”

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