N.J. Mayor Opposed Hiring Jews, Warned of ‘Guys in Big Hats and Curls’ in Secretly Recorded Meeting, Suit Claims

Partners R. Armen McOmber and Austin B. Tobin, and Associate Christian J. Fechter represent Paul Oliveira, the former Assistant Superintendent for Academics for the Linden Board of Education in a Law Against Discrimination and Conscientious Employee Protection Act lawsuit against the Linden Board of Education; the Board President, Marlene Berghammer; the Superintendent of Schools, Atiya Y. Perkins; and the Mayor of Linden, Derek Armstead. Mr. Oliveira seeks compensatory damages, punitive damages, and attorneys’ fees and costs.

As alleged in the Complaint, Defendants implemented a blatantly antisemitic and illegal hiring scheme, directed by Defendant Armstead and supported by Defendants Berghammer and Perkins. Notably, Mr. Oliveira witnessed Defendants Berghammer and Armstead make multiple explicitly antisemitic and otherwise discriminatory remarks, including the following:

• Defendant Berghammer: “If it’s in a neighborhood school district, it should be, we don’t mind if it is a black person or a Haitian speaking person.”
• Defendant Armstead: “That is what has to happen in order to keep our community from being taken over by guys with big hats and curls.”
• Defendant Armstead: “He sold his home anyway and moved out of town, I am not feeling that at all. He sold his house to the guys with the big hats and the curls.”
• Defendant Berghammer: “Do we have demographics as to what type of race they are?:
• Defendant Armstead: You can almost figure that out by the name sometimes.”
• Defendant Armstead: “Linden will go the same way as Roselle, Irvington, Newark if we don’t manage this thing the way that we’ve been trying to manage it, and that’s having full and complete control of who gets hired.”

“Mr. Oliveira’s allegations are deeply concerning. As alleged in the complaint, Mayor Armstead concocted an antisemitic and illegal hiring scheme which was, in turn, supported by the Linden Board, including Marlene Berghammer, Board President and Atiya Perkins, Superintendent of Schools. The Linden BOE also unlawfully abrogated their responsibility to their constituents by allowing Mayor Armstead to handpick candidates of his choosing for open positions. At its core, Defendants’ egregious conduct amounts to blatant discrimination against members of the Orthodox Jewish community.   Mr. Oliveira had the strength of character and integrity to complain about Defendants’ illegal and discriminatory scheme. However, rather than taking remedial action, Defendants instead ignored Mr. Oliveira’s complaints and subjected him to a concerted campaign of retaliation, ultimately constructively terminating Mr. Oliveira from his position with the Board. Mr. Oliveira is bringing this suit to vindicate his rights and the rights of others to work in an environment free of invidious discrimination and retaliation.” – Christian J. Fechter, Esq.