The Appellate Division recently reversed the dismissal of a
plaintiff's hostile work environment and discriminatory
termination claims in which the plaintiff alleged that his
supervisor subjected him to abusive conduct during a four to five
month period. Toys "R" Us hired Michael Farrell in 2005.
In 2006, he became an assistant store manager. In 2007, the Company
transferred him to its Livingston, New Jersey store. He received
exceptional performance reviews from 2005 until early 2008.
Cary Regnenye became Farrell's immediate supervisor in
late 2007. He often referred to Farrell as "the old man."
At that time, Farrell was 46 years old. On March 14, 2008, Regnenye
threatened to punch Farrell in the face and "kick his
a**." During this confrontation, which was witnessed by a
co-worker, Regnenye shook a clipboard at Farrell and blocked him
from walking away. Regnenye later acknowledged that he "may
have used the term 'kick your a**' from a motivational
point of view."
