Ex-NJ Transit spokesman with HIV gets $200K settlement from discrimination suit
NEWARK >> A former New Jersey Transit communications services coordinator received a $200,000 settlement stemming from a discrimination lawsuit.
Kenneth Hitchner, a nineyear employee at the public transit agency, disclosed when he was hired as a public information officer in 2002 that he had hemophilia, Hepatitis C and was HIV positive, according to a copy of the lawsuit obtained by
Hitchner, who had received raises and benefits for his performance, began a six-month Hepatitis C treatment in September 2009, court documents indicate.
Hitchner’s direct supervisor, Ken Miller, allegedly had an animus towards people infected with Hepatitis C.
“Miller had previously told Hitchner that Miller was afraid of Miller’s own mother because she had Hepatitis C and was afraid that she would infect his kids by going to the bathroom in the house,” the lawsuit reads.
But Hitchner “felt compelled” to tell his boss of the treatment, the suit states.
Hitchner did not take medical leave during the treatment period, but he realized something different around the office.
“Miller began distancing himself from Hitchner and speaking to Hitchner less and less during the months that Hitchner was undergoing the Hepatitis C treatment,” the lawsuit states.
After his treatment was complete in February 2010, Hitchner was advised four months later that his job was eliminated due to “budget cuts,” court documents outline.
Hitchner then learned that other employees without disabilities whose positions were also eliminated were offered other jobs with the agency at the same rate of pay. When Hitchner protested this to the agency and requested a similar placement, he was offered a customer service representative position, which is an entrylevel position with lower pay, documents show.
Hitchner, who had retained an attorney at that point, was kept on the payroll at the same rate of pay for a period of time. In November 2010, Hitchner was allegedly offered a severance package to cut ties with the agency but he refused to sign it.
In December 2010, Hitchner was offered a job as senior customer representative position, a field position, at the same rate of pay. He shot down the offer because he his disabilities allegedly limited what he could perform, and he asked for reasonable accommodations.
Hitchner also provided NJ Transit accommodation request form that was filled out by his doctor and outlined the
employee’s limitations, the lawsuit states.
In January 2011 — while still on NJ Transit’s payroll — Hitchner was rushed to the hospital due to “life-threatening” complications from his hemophilia, according to court documents. The next month, Hitchner received no paycheck nor a response from agency officials about his status.
In March, Hitchner was allegedly informed for the first time that he was taken off the payroll on Jan. 28, 2011. He was also told his employment would be terminated on March 11, 2011.
Hitchner continued to apply for jobs at NJ Transit, such as senior director of marketing and director of media relations, but his resume was ignored, the lawsuit states. Instead, New Jersey Transit employees notified Hitchner in September 2011 that he should apply for a senior road foreman positions, which is not of his public relations expertise, according to court documents.
After continuing to get passed over for jobs at NJ
Transit, Hitchner filed a suit against the agency in February 2012.
The $200,000 settlement, which was obtained by
through a public records request, was reached in October 2014.
Under the agreement, Hitchner’s attorney, Ty Hyderally, of Hyderally & Associates, received $144,000 and Hitchner got the remaining $56,000.
As a condition of the settlement, Hitchner, who earned a final salary of $72,000 and a total compensation package valued at $118,000, was prohibited from ever working at NJ Transit again.
NJ Transit did not admit any wrongdoing in the settlement.
A spokeswoman from NJ Transit declined a request for comment.
Neither Hitchner nor his attorney returned messages seeking comment.
Hitchner is now a public relations director at CMA Association Management in Princeton, according to his LinkedIn page.