Bus cleaner says NJ Transit work climate is 'graphically sexual' and 'hostile' in lawsuit

An NJ Transit bus maintenance cleaner laid out accusations of sexual harassment, assault and retribution for speaking up about her experiences in a recently filed lawsuit against the agency and one of her co-workers.

NJ Transit fostered a “graphically sexual and racially hostile work environment,” says the complaint, filed in state Superior Court in Essex County this week.

NJ Transit spokesman Jim Smith said the agency declined to comment on pending litigation.

The woman, who is not being named by NorthJersey.com because of the nature of the accusations, alleges in court filings that the sexual harassment began about a week after she started working in the Orange bus garage in April 2020.

Despite transferring shifts and applying unsuccessfully for other jobs at NJ Transit, as well as reporting the alleged harassment to at least three supervisors, making two written complaints to the agency's Office of Equal Employment Opportunity (EEO) and filing a report with the NJ Transit Police Department, she described dealing with ongoing harassment and retaliation for reporting co-workers and supervisors who routinely made inappropriate comments, the lawsuit says.

The suit names NJ Transit, bus cleaner Billy Grimsley and multiple "John Does" as defendants, using a pseudonym sometimes appearing in lawsuits until a defendant's name is determined.

The suit alleges a number of harassment incidents:

• “Shortly after she began defendant Grimsley invaded her personal space, inhaled, and then asked 'why did you wear perfume today? I like your natural scent.' When Plaintiff asked Grimsley to leave her area, he responded with the offensive remark, 'what you on ya period or something today?'" according to the lawsuit.

• An NJ Transit foreman allegedly asked if the plaintiff had properly cleaned the bus, because he would “'hate to go behind [her] and check.' When Plaintiff said he could go behind her and check her work," the foreman "outrageously stated 'choose your words wisely' and started laughing," the lawsuit says.

• Another NJ Transit foreman allegedly told the woman, in front of other co-workers, "that ass is huge” and “you gotta admit that ass is nice!” according to the lawsuit.

• A co-worker allegedly sent her repeated inappropriate texts, including asking her if she was a "go go dancer," the suit says.

• An NJ Transit mechanic texted her "a disgusting pornographic video" involving urination, the lawsuit says.

• A supervisor discussed in front of the woman and other co-workers that he would send pictures of his genitalia to people, according to the lawsuit.

• A co-worker allegedly "physically hit" the plaintiff, and the plaintiff was suspended for 10 days because of the altercation, a punishment that was "in retaliation for her [the plaintiff's] complaint," the suit says.

Plaintiff filed multiple reports

On Feb. 10, 2023, the woman filed a complaint with EEO that said, "I am sending this to you as a written complaint about being sexually harassed at work, repeatedly, since approximately one week after I began my employment for NJ Transit in April, 2020" and named multiple co-workers who "violated me with offensive words, and gestures on multiple occasions," according to the lawsuit.

She requested "an investigation of my complaint and that my workplace be appropriate and healthy, not sexually harassing and threatening," the lawsuit says.

The investigation took about four months, and during that time she applied for other jobs that she claims were awarded to people who had less seniority and fewer qualifications, according to the suit.

On June 1, 2023, a determination letter from EEO chief Naeem Din did not substantiate her claims against four co-workers, but it did substantiate her claim against one person, the only one whose alleged harassment took place in text, while the others were allegedly verbal, according to a copy of the letter printed in the lawsuit.

Din's letter concluded with: "All participants in the investigation have been reminded about New Jersey Transit’s prohibition against retaliation or harassing an individual for filing a complaint, participating in an investigation of a complaint or related proceeding, or engaging in other protected activity. Such retaliation or harassment will not be tolerated," according to the lawsuit.

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About a week before, the woman talked to an officer with the NJ Transit Police Department about her concerns, following a suggestion from the EEO office, and she filed a formal police report about feeling unsafe at work but never heard anything back, the lawsuit says.

On July 27, 2023, the woman was rushed to the emergency room at a nearby hospital for "chest pain, shortness of breath and anxiety," the same day Grimsley allegedly sang pornographic lyrics at her, according to the lawsuit. A month later, a doctor diagnosed her with "post-traumatic stress disorder, major depressive disorder, and generalized anxiety disorder" and she went on medical leave, the suit says.

Lawsuits filed in bus, rail and police departments

Her lawsuit is the latest in a lengthy queue of other recently filed lawsuits against NJ Transit that accuse the agency — across multiple departments — of failing to address sexual misconduct by colleagues.

Since the spring of 2021, at least a dozen other NJ Transit employees across the bus, rail and police departments have sued the agency over allegations of sexual harassment, sexual assault and sexual or hostile work environments involving co-workers and supervisors that went unaddressed by agency officials, according to those lawsuits. The agency denied the allegations in court documents, and the cases are ongoing.

During that time, the agency settled lawsuits with three former employees for millions of dollars over allegations of facing retaliation for coming forward. For two of those plaintiffs, they were the second settlements with the agency, after the plaintiffs came forward with allegations about discrimination and harassment in prior cases.

Agency officials have said in previous comments to NorthJersey.com and in response to NJ Transit board members that they have made diversity and inclusivity a pillar of the agency's vision, have increased workplace training and awareness and have improved case processing at EEO.

The woman in this case claims in court documents she did not receive training on NJ Transit's workplace policy and complaint procedure when she joined the agency.

This article originally appeared on NorthJersey.com: NJT bus cleaner calls work climate 'graphically sexual,' suit says