Former Lumberyard manager wins round in bias lawsuit
Jim Walsh
Cherry Hill Courier-Post
CAMDEN - A former manager of a Collingswood apartment complex has won a round in a lawsuit alleging workplace bias.
A federal judge declined to dismiss a complaint brought by Andre'a McDonald against Ingerman Management Co.
U.S. District Judge Noel Hillman said a jury could consider McDonald's claim that she faced a racist and sexist work environment at The Lumberyard, a Haddon Avenue complex that also holds Ingerman's headquarters.
McDonald, a Black woman who contends she was wrongly terminated by Ingerman, can also pursue claims of civil rights violations, the judge said.
A lawyer for Ingerman said the firm "intends to vigorously defend this baseless lawsuit."
"Ingerman has over 300 employees which include a majority of woman and minorities," said attorney Tara Humma of Cherry Hill.
Ingerman develops, builds and manages multifamily communities in the mid-Atlantic region, according to the firm's website.
In seeking summary judgment, the company argued McDonald had not shown any "genuine issues of material fact" between the parties. The company also said the reasons for its actions regarding McDonald were non-discriminatory.
But Hillman disagreed, saying McDonald had produced enough evidence that a reasonable jury could find support for her claims.
Among other allegations, McDonald's lawsuit alleges the Pine Hill woman saw male executives "dancing provocatively with female subordinates" during a leadership conference in Atlantic City.
McDonald also claims she heard a white employee tell a Black co-worker that "your hair looks nappy." The lawsuit asserts McDonald got no response after reporting the remark to Ingerman's human resources department.
In his Sept. 25 ruling, Hillman also said "comments from other Ingerman employees regarding discrimination could lead a reasonable jury" to find that actions by McDonald's supervisor were motivated by race.
In denying Ingerman's request for summary judgment, Hillman said a jury could decide factual disputes between McDonald and the company.
Among other points, Hillman noted the two sides could not agree whether McDonald was fired or resigned in October 2017.
McDonald joined Ingerman as a senior property manager in March 2017, initially overseeing properties classified as "affordable housing," the decision notes.
She began managing The Lumberyard, a "market-rate" complex described as one of Ingerman's premium properties, in August 2017.
"Ingerman asserts that this change was 'to help (McDonald) succeed' and was 'done for her benefit,'" the ruling notes.
But McDonald describes the job change as a promotion, noting she received an $8,000 raise.
McDonald's case, filed in December 2017, is one of two lawsuits brought by Black women who formerly worked for the firm.
The other suit was brought in October 2017 by Marshelle Hightower of Sicklerville, who alleges she lost her job as human resources director after objecting to "discriminatory" comments and actions by Ingerman executives.
Hightower's suit is awaiting trial.
Both women are represented by Console Mattiacci Law of Moorestown.
Jim Walsh is a free-range reporter who's been roaming around South Jersey for decades. His interests include crime, the courts, economic development and being first with breaking news. Reach him at jwalsh@gannettnj.com or look for him in traffic.
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