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Law360 (Apr. 2, 2021, 7:10 p.m. EDT) – A former Estée Lauder store manager filed a lawsuit in New Jersey State Court alleging the high-end cosmetics company discriminated against her when it did Dismissed for applying for shelter for her asthma, which she says makes it difficult to wear a mask all day.
Denise Tatler said Thursday that Estée Lauder broke the anti-discrimination law in New Jersey when it refused to accept her disability and failed to get her back to work at the start of the COVID-19 pandemic after she was on leave would have.
Although other managers and employees were allowed to work from home, she was not given housing that was granted to her under the state civil rights law, Tatler told the court.
And, according to the file, the decision to fire her was made in retaliation for either wanting to work from home or doing her job without a mask from the back of the store and away from customers for part of her shift. According to the branch policy, employees and managers had to wear masks for the entire duration of their shift, the complaint said.
Tatler, who had worked in the business for 13 years, said she was exposed to a hostile work environment and “severe and ubiquitous harassment due to her recognized disability”, although the complaint is not detailed.
According to the complaint, Tatler also asked if she could produce a doctor’s letter confirming her disability status, but Estée Lauder declined to accept.
Tatler has asked the court to put her back in her position and for punitive and compensatory damages including front and back pay. She has also asked the court to oblige Estée Lauder to introduce new rules to prevent future discrimination.
Representatives and lawyers from both parties did not immediately respond to requests for comment on Friday.
Tatler is represented by Marc A. Weinberg from Saffren & Weinberg.
The lawyer for Estée Lauder was not immediately available on Friday.
The case is Denise Tatler v Estée Lauder, case number L-001143-21, in the New Jersey Supreme Court, Monmouth County.
– Arrangement by Haylee Pearl.
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