In July of 2024, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a sex discrimination/retaliation claim with The New York State Division of Human Rights on behalf of a male security guard (“Complainant”) against American Signature Inc. (“American Signature”), the Schottenstein Stores Corporation (“Schottenstein Stores”), Jay Schottenstein, the male CEO of Schottenstein Stores, Jonathan Schottenstein the male CEO of American Signature, Schottenstein (“Jeff”) a male Principal of American Signature, and married to Ariella Schottenstein, a female.
On October 3, 2023, Complainant, a 10 year US Marine and ex-NYPD detective licensed to carry to firearms in the State of New York, commenced employment as a security guard assigned to Jeff and Ariella’s detail, and typically reported to work at their 432 Park Avenue, New York, New York residence (“Premises”). Due to hard work and sheer dedication, Complainant was well liked by co-workers and customers. Notwithstanding these positive contributions, Complainant was treated less well on account of sex and retaliated for opposing it.
Despite being a security guard for employers whose collective wealth exceeds 3 billion dollars, Ariella typically assigned Complainant to menial tasks and assignments not related to security. To this point, Ariella typically instructed Complainant to:
Other non-male employees were not treated this way.
On January 9, 2024, Ariella ordered Complainant to pick up her clothing alterations and pay $985 for it from his own money. On January 24, 2024, Ariella told Complainant to take the dog, Henry, to the American Medical Center and pay $1,289.33 out of his money for the dog’s medical expenses. On February 16, 2024, Ariella told Complainant, “You are not to speak to the other guys assigned to Mr. and Mrs. Schottenstein’s security” during a Florida trip. While inside of Schottenstein penthouse in Key Biscayne, Ariella grinned and told Complainant words to the effect of, “It is your job to walk Henry 3 times per day after feeding and replacing the water bowl” in front of both a female and male housekeeper. Other non-male employees were not treated this way.
On February 21, 2024, Ariella lamented to a female friend named Lauren. in a loud enough voice for Complainant to hear, words to the effect of, “My mother-in-law is a real nasty person, she buys her other grandchildren all this jewelry and nothing for my kid.” The next day, Ariella warned Complainant generally, “Keep your mouth shut, do not speak with anyone about anything in the family.” Ariella then grinned and said, “Just go walk the dog for a while.” On February 23, 2024, Complainant was invited to have dinner with the other security guards at Joseph Schottenstein’s house. In front of 2 other security guards and several employees, Ariella told Complainant to go back to the hotel without eating dinner. Thus, Complainant was forced to leave without eating dinner. On February 24, 2024, Ariella sent Complainant to the pharmacy for diapers. Other non-male employees were not treated this way.
On March 25, 2024, Ariella screamed at Complainant in front of Joe Barbara (“Joe”), words to the effect of, “I am not paying you just to stand there and chat around.” On April 10, 2024, Ariella told Complainant to put aside PNC bank statements with Jeff’s name showing $25,000.00 and $10,000.00 withdrawal recently made at the Hard Rock Seminole Casino in Florida and warned Complainant that Jeff was “not to see them.” Thus, Complainant felt like Ariella was trying to involve him in her marriage issues with Jeff which included his gambling addiction. Other non-male employees were not treated this way.
On April 11, 2024, Complainant was forced to physically break up Jeff and Ariella who were physical fighting each other on the 17th Avenue public sidewalk near 45th Street in Brooklyn. Complainant told Ariella to stop hitting Jeff who then left in an Uber. Ariella called Complainant on the phone and yelled generally, “You are useless, you don’t know what you are doing.” On April 17, 2024, Ariella complained about having to send her mother-in-law flowers for Passover and added Complainant to a group text with her and Jeff where she continued to fight with her husband. Other non-male employees were not treated this way.
On April 18, 2024, Ariella accused Complainant generally, “You are hiding things from me, you are hiding where my husband goes, and you are a liar, I am the one who pays you.” Complainant protested and said generally, “No, that is not true”. Ariella then retaliated. On April 23, 2024, Ariella told Complainant, in the presence of the male Concierge on-duty at the Premises, words to the effect of, “How dare you go behind my back and speak with my husband.” Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.
On May 1, 2024, Ariella told Complainant, “You stay there because I’m paying you, so you do what I tell you” and “you are fired.” Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way. Complainant was terminated on May 1, 2024 on account of sex and in retaliation. On May 1, 2024, Jeff rehired Complainant.
On May 5, 2024, Jeff lamented over the phone to Complainant about Ariella’s termination of him. Jeff said he told Ariella, “You’re fucking three weeks until you’re fucking due. That is the last motherfucking goddamn thing you should be fucking worried about.” Jeff said he told Ariella to “stop this” and that “24 hours before you were fired, I was up all night wondering who the fuck did I marry? The Queen, even the Queen doesn’t act like this.”
Jeff continued:
This is so fucking embarrassing and I am so fucking sorry. I can’t tell you how sorry I am. I really can’t tell you sorry I am for this shit. This is not me. This is not a representation of my family. They think the world of you. It is the polar opposite. My parents raised me to treat people with respect regardless of financial background I am sorry on behalf of Ariella and I hope you tell Joe that, from me because it’s absolutely not ok.
Jeff then asked Complainant if he wanted to quit even though Ariella had already fired him, and said generally, “I don’t view you as a worker, I view you as a friend.” Complainant said that he would not quit. Jeff asked Complainant to “document” the problems with Ariella for him and told Complainant generally, “I understand hormones, but I’m sorry, I can’t give it to pregnancy. This is not acceptable behavior. It is not alluded to pregnancy. This is control. We have had 3 or 4 drivers in the last year and a half.”
Complainant told Jeff that Ariella told him, “You stay there because I’m paying you, so you do what I tell you” to which Jeff responded, “She comes from fucking nothing, she talks like this, who the fuck is she?”Jeff told Complainant, “I want you to document something very important, a mother going to a doctor’s appointment, 3 weeks before she’s pregnant, and firing someone for no cause” and how that showed Ariella as “unfit to be a mother.” After admitting that Complainant had been terminated without cause, Jeff said generally, “I don’t know the rules and regulations, if that will out me out, but I want everything documented about her erratic behavior.”
Jeff told Complainant generally, “I don’t know [Complainant], just as a friend, I don’t know who this person is. I feel so fucking played because she played it great, I don’t care about money, I don’t care about this. She’s in a 30 million dollar apartment, and this is the hill she wants to fucking die on? This bullshit? While she’s pregnant?”
Jeff alluded to possible physical threats against Ariella, saying words to the effect of:
Unfortunately, Rock, after the baby is born, I’m going to have to make uh, I will not let my kids see us fighting. No fucking way, and it is tearing me apart Rock. You have no fucking idea, maybe you do, um, but, um, there’s people I’m going to be contacting if you understand what I’m saying and, because I ain’t [sic] putting up with this shit. No, no fucking way.
On May 17, 2024, Jeff instructed Complainant to withdraw $4,000.00 from his personal savings account “for tips at the hospital.” Complainant did as instructed and gave Jeff the cash.. On May 26, 2024, Jeff instructed Complainant to withdraw $3,000.00 from his personal account because he “needed cash”. Complainant again did as instructed and gave Jeff the cash. Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.
On June 3, 2024, Jeff instructed Complainant to sign a “Confidentiality Agreement” to conceal the discrimination/retaliation that neither gave 21 days to consider nor any revocation period. Notably, the Confidentiality Agreement named Schottenstein Stores Corporation “and the other affiliated business of the Jay and Jeffrey Schottenstein families” as the “Disclosing Party”.
On June 10, 2024, American Signature Risk Management Vice President William Kugel called Complainant and informed him he was fired. Other non-male employees and those who did not oppose discriminatory practices were not treated this way. Complainant was terminated by Respondents on account of sex and in retaliation.
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