America’s School Of Heroes Middle School Sued For Age Discrimination And Retaliation

Complainant, a New York State-licensed teacher born in 1961, was first hired by Respondents in September 1985 and typically reported to work at America’s School of Heroes, Middle School 137, 109-15 95th Street, Ozone Park, New York 11417 (“Premises”).

Due to sheer hard work and dedication to the job, Complainant was well-liked by fellow teachers, co-workers, and students. Notwithstanding these positive contributions, Complainant was treated less well on account of her age and retaliated for opposing it.

On or around December 5, 2019, United Federation of Teachers (“UFT”) representative and co-worker Gene Mann said to Complainant generally, “You have nothing to worry about. You might want to consider retirement. You might want to keep a notebook about events that will or might happen after this meeting.” Complainant opposed the treatment by saying generally that she would not be retiring. Other younger employees were not treated this way.

On or around September 21, 2021, teacher Eric B. Schmitt told Complainant generally, “You know they can have you teach outside of your license, how many more years do you have before you retire?” Complainant opposed the treatment by saying generally “I don’t know” and that she would not be retiring. Other younger employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around October 14, 2021, assistant principal Andrea Yard (“Yard”) embarrassed Complainant in front of Complainant’s entire class, Principal Pamela Trincado (“Trincado”), and four other adult employees, by saying in a sarcastic, condescending tone, words to the effect of, “Where is your lesson, where is the L.O., look at the bulletin board, I do not see the lesson.” 

However, Complainant’s lesson was appropriately placed on the bulletin board; and the learned objective was stated, clear, and achieved. Thus, Complainant felt like Respondents were trying to get her to quit on account of age and in retaliation of her opposition to discriminatory practices.

On or around November 19, 2021, Yard looked at Complainant’s lesson plans and told Complainant words to the effect of, “These are not lesson plans. Where is the school format? Danielson is how you earn your money.” However, Complainant’s lesson plans were created in accordance with the school format. Other younger employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around January 11, 2022, assistant principal Christina Reilly-Derasmo (“Reilly-Derasmo”) warned Complainant generally, “This is not an ‘I gotcha school’.” 

On or around March 21, 2022, Trincado demanded of Complainant generally, “I need your lesson plans” in a sarcastic and condescending tone. Complainant complied with the request and turned over her lesson plans. Other younger employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around March 27, 2022, Trincado demanded of Complainant generally, “I want your lesson plans” in a sarcastic and condescending tone. Complainant complied with the request and turned over her lesson plans. Other younger employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around May 16 2023, UFT representative and co-worker Tabio DaCruz told Complainant words to the effect of, “How long have you been teaching? Have you crunched your numbers? My secretary will set up an appointment for a retirement consultation.” Complainant politely declined the request.

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On or around May 22, 2023, Reilly-Derasmo told Complainant generally, “If you do not answer my questions, I will be forced to draw my own conclusions.” UFT representative and co-worker Jonathan Nuwestra asked, “How many years do you have before retirement? Have you crunched the numbers? You need to retire and come over to our side and work with us.” Thus, Complainant felt she was being pushed out of her job on account of age and in retaliation of her opposition to it.

On or around September 29, 2023, UFT representative and co-worker Brian Gavin told Complainant words to the effect of, “How long have you been teaching? When are you planning on retiring? If you have any more problems, give me a call.”

On or around October 30, 2023, principal Laura Mastrogiovanni said generally to several co-workers in a condescending and sarcastic tone of Complainant, “Look at her working so hard.” Other younger employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around March 30, 2024, teacher Paul Kaman said generally, “Do you have a target on your back? It is unfair how they are treating you. How many more years do you have to go?”

On or around April 18, 2024, after being accused of demonstrably false and spurious allegations in several disciplinary letters, UFT representative and co-worker Washington Sanchez admitted generally:

“Look, the letters are not going anywhere. Do not worry. Forget the disciplinary letters. Just file the paperwork for your retirement and forget about it. You have the years. Why do you want to put yourself through the complaint process? Crunch the numbers and ask for a retirement consultation.”

UFT representative and co-worker Dashuana Baker said words to the effect of:

“You can do whatever you want to do. Your rating is effective or highly effective. What is the issue? Just file the paperwork for your retirement and then you do not have to worry about the letters. Worry about your last day of employment with the Board of Ed.”

On or around June 5, 2024, teacher Brian Iken said to Complainant generally, “I have five more years left” and then asked Complainant generally, “How many more years do you have before retirement”?

There is no last date of occurrence as Complainant remains employed, and the discrimination/retaliation is ongoing.

Complainant suffered and continues to suffer damages.