On January 17, 2025, the Law Office of David H. Rosenberg, P.C. (“Firm”) filed a verified complaint of sex, marital status/familial status, age, religion discrimination, and retaliation on behalf of the Firm’s female client, a married Jewish mother of 2, and grandmother (“Complainant”) against Maverick Carting Inc., Phantom Carting Inc., Maverick Enterprises Services, Inc. (“Company”), Anthony Trupia (“Trupia”), and Carlos Bautista (“Bautista” and all together as “Respondents”) with the New York State Division of Human Rights.
As alleged in the verified complaint, Complainant commenced employment with the Company on January 17, 2022, as an accounting manager with a $100,000 per year salary as secured by a job recruiter. From her first day of work, Trupia subjected Complainant to a hostile work environment, typically pitting the only other female employee at the Company, Kimberly Greis (“Greis”), against her, and vice versa.
According to the verified complaint, on December 22, 2021, before commencing employment, Complainant asked Trupia generally if it would be ok “to leave early for Shabbat from the weekend after Halloween till the first week of February and make up the time during the week” to which Trupia said, “You can leave early for Shabbat from after Halloween till the beginning of February, just see if you can make up the time during the week.”
As alleged in the verified complaint, on January 17, 2022, Trupia asked Complainant generally, “Tell me about your family and background” to which Complainant generally revealed that she was Jewish, married with 2 kids, and was also a grandparent. Trupia asked Complainant what her husband did for a living to which Complainant replied generally, “My husband owns his own LLC.” Trupia responded with words to the effect of:
“Kim says your typing invoices is slow and it will take long for you to do the billing. Kim says you cannot see checks well, and she says you are as blind as a bat. Since it seems that you are not as experienced or as good as you seemed, the fair thing to do is drop your salary to $50k and then in a few months from now I will reevaluate and raise you a bit then. I’ll have to give you half your salary through payroll and the other half to your husband’s LLC.”
Thus, Trupia paid Complainant at a yearly salary rate of $50,000.00 on a reported W-2, and $50,000.00 which went unreported on checks made out to Complainant’s husband’s LLC. Other employees outside of Complainant’s protected classes were not treated this way.
According to the verified complaint, on January 21, 2022, Trupia intimated Complainant was blind due to old age by handing her magnifying glasses and saying generally, “Here, these should help you see things.” On January 25, 2022, Trupia told Complainant and Greis in front of Bautista, “Kim, [Complainant], you are worse than my kids, you both need to work together and get along, [Complainant] makes 50k only” even though Complainant actually earned $100,000 per year; and Greis was a part-time remote employee who Complainant “got along” with. Other employees outside of Complainant’s protected classes were not treated this way.
As alleged in the verified complaint, on February 25, 2022, Trupia told Complainant and Greis in front of Bautista:
“[Complainant], You and Kim have been at odds since you came here. I know I told you that you are in charge, and I know Kim you feel like you are in charge too but the two of you just need to get along. I don’t give a crap which one of you does the work. Do you Understand? I am paying both of you and I expect you both to do what I say and do what needs to get done or else we need to come up with another solution. I apologize for having to blow up at you [Complainant] but I need this to get through to both of you.”
However, Complainant was not “at odds” with Greis, and other employees outside of Complainant’s protected classes were not treated this way.
According to the verified complaint, on March 1, 2022, Trupia told Complainant, “Kim is married for many years, but her boyfriend is Jason Simone’s brother, Joe Simone, who is her boss. She wants to have a baby; she has to decide if it’s with the husband or the boyfriend.” On May 11, 2022, Trupia said to Complainant, “I really always wanted to be a lawyer, I was in school already, but I messed up and did something stupid and I can never be a lawyer.” Other employees outside of Complainant’s protected classes were not treated this way.
As alleged in the verified complaint, on December 12, 2022, Greis asked Complainant generally if she had heard about an office Christmas party. Complainant responded that it was the first time she was hearing about it. On December 20, 2022, male employees Jason Hopkins (“Hopkins”, shop steward) and Daniel Diaz (“Diaz”, truck driver) asked Complainant generally about whether she was going to the Christmas party. Complainant told Diaz and Hopkins that she had not been invited. Other employees outside of Complainant’s protected classes were not treated this way.
According to the verified complaint, on December 21, 2022, Trupia told Complainant, “By the way we are having a Christmas party at Inters place in the Bronx tonight, it’s really mostly for the drivers you would not want to come.” Other employees outside of Complainant’s protected classes were not treated this way.
On May 29, 2023, Trupia told Complainant, “Please find a Jewish girl like you to be your assistant, you guys work well, your great workers.” As instructed, Complainant located a Jewish applicant named Alisha Livshitz (“Livshitz”) and Trupia hired her.
As alleged in the verified complaint, On July 31, 2023, Trupia told Complainant generally:
“Carlos [Bautista] said Alisha [Livshitz] ate on the fast day that you said you guys can’t eat. Me and Carlos were wondering if she is Jewish. We were confused because she does not look modest like you with all those piercings and tattoos, and she does not dress all modest like you.”
On November 9, 2023, Trupia told Complainant words to the effect of:
“[Complainant], you must make a sign for the outside door that says: ‘Attention all drivers, you can no longer use the office bathroom. As per management, use the outside bathroom only, and stay out of office unless it is urgent.’ Those pigs leave the office bathroom disgusting and I had to clean up another sewer backup because of them. No more, and find a new girl, an Asian office assistant would be good, don’t go for Hispanic or black.”
According to the verified complaint, on January 4, 2024, in response to Complainant’s preference for black female applicant Melissa Nunez (“Nunez”) as her assistant, Trupia said, “Ok if you want her but you are the only one who touches the money.”
On February 6, 2024, Trupia told Complainant words to the effect of:
“Kim is on the outs with Joe Simone, She told Joe she wants to have a baby with him, but he said no way, he already has 7 of them. I would love to get rid of her, but I am stuck with her and can’t fire her. You know I told you a long time ago I hate her, but I can’t get rid of her.”
As alleged in the verified complaint, on March 26, 2024, Trupia told Complainant generally, “I can’t believe that the caretaker actually accused me of chaining him to the wall in the basement to keep him there. He even had pictures with chains on the wall.” Other employees outside of Complainant’s protected classes were not treated this way.
On April 10, 2024, Trupia told Complainant:
“Do you like Melissa? You know, if you want, I could get rid of her. I don’t know, maybe you would want someone better. Are you still happy with Melissa? I had a few words with Melissa about a few things—this boyfriend thing she has going on with Danny [Diaz] and some other stuff. Melissa is also such a mess. The sink in the kitchen is full of her food. I needed to put gloves on one night and clean it. Check the kitchen every night and tell her to clean it if it is a mess.”
According to the verified complaint, on July 15, 2024, Trupia told Complainant, “Ok, just tell your husband not to make too much money, I need you to stay here.” Other employees outside of Complainant’s protected classes were not treated this way.
On September 25, 2024, Trupia told Complainant, “I think you should take a day off one day a week and spend it with your grandchild, that would be so nice for you. Let Melissa do the work, and you can take it easier.” However, Complainant made no such request for “a day off”. Other employees outside of Complainant’s protected classes were not treated this way.
As alleged in the verified complaint, from October 3-4; 17-18; and 24-25, 2024, Complainant was on leave for her familial and religious obligations associated with the Jewish holidays of Rosh Hoshana and Sukkot. When Complainant returned to work, Trupia marginalized her role by removing most of her accounting duties, giving her secretarial tasks, and further stripped away her managerial role.
According to the verified complaint, On October 27, 2024, Trupia seemed to lament about Complainant’s familial status as a Jewish grandmother by emailing Complainant:
“[Complainant], Never ever once we have questioned your commitment or work since you have been here. Or ever question your time you have needed for your family, [sic] You were quite clear from the day I met you that you needed a flexible schedule for your family which I personally feel is real honorable. You have been nothing but an asset to Carlos and I since the first moment you came. But when you need time off (which is not a problem by no means) the office needs to function. This year holidays and the birth of your grandson happened to be at the same time and brought to our attention several things. That you are not delegating much work to our other employees in the office. Mellisa and Kim. Mellisa was not even capable of revising an invoice by herself. She doesn’t even know how to add tolls to an invoice. And there is so much more we can have her do besides that to lighten the load on you on your end and ours”
Then, Complainant blamed the fictitious adversarial female relationship between Greis and Complainant he created for his woes:
“I understand you hate KIM. But she did help both Carlos and I this week tremendously. And wholeheartedly was looking to help you out. Mellisa was just not up to speed. And I asked her to teach Mellisa how to do complete invoices. And teach her to do certified payrolls in hope of freeing more of your time. So you can look at AP, credit cards , reconciliations, and COLLECT. All I and Carlos are asking [Complainant], is that you have a civil working relationship with her. Since we have her. So both you, Carlos and I benefit. And when we all benefit things naturally progressively get better for everyone. Anthony and Carlos.”
As alleged in the verified complaint, on October 28, 2024, Trupia created a group text chat with Greis, Nunez, Bautista, male owner of IJ Consulting Jason Simone (“Simone”), Greis and Nunez (“Group Chat”). In the Group Chat, Trupia again alluded to the fake adversarial relationship between Greis and Complainant he created:
“REALLY LOOK LIKE AN ASSHOLE. ALL THE TIME TO COLLECT [sic]. I ASK FOR MONEY AND THIS HAPPENS I NEED YOU GUYS ([Complainant] and Kim) TO WORK TOGETHER. ITS REALLY STARTING TO BOTHER ME [sic]. This is me and Carlos’s [sic] livelihood.”
Later, Trupia told Complainant over the phone, “I don’t care that you and Kim don’t get along” even though Complainant and Kim had “gotten along” fine as co-workers. Other employees outside of Complainant’s protected classes were not treated this way.
According to the verified complaint, on October 31, 2024, Complainant asked Trupia, “Am I now doing secretarial stuff in place of accounting? Please let me know because the changes (to my position) that you are making point in that direction” to which Trupia again alluded to the fake adversarial relationship between Greis and Complainant he created:
“Great, but continue the banking – you can work it out with Jason-the problem here is you and Kim hate each other – so Jason will come up with a solution Well than get along and work together – not against each other. [sic]”
Complainant responded, “Stop with the hate each other please I am sorry Kim, I am sure you agree” to which Greis responded, “This is ridiculous in a text message”. Other employees outside of Complainant’s protected classes and whose who did not oppose discriminatory practices were not treated this way.
As alleged in the verified complaint, on November 5, 2024, Simone said to Complainant:
“[Complainant], I am very uncomfortable saying this, but Anthony is forcing me to call you and tell you not to do the material invoices anymore. He is very upset that you just did the Allocco Recycling September invoice. I don’t know who told him but I would guess that Kim must have told him. He was just yelling at me to immediately tell you that he does not want you to do any invoices. [Complainant], let’s just let it play out, I don’t understand what Anthony is thinking but let him do what he wants to do and when it gets all messed up it will be on him”
Other employees outside of Complainant’s protected classes and those who did not oppose discriminatory practices were not treated this way.
According to the verified complaint, on November 11, 2024, Trupia said to Complainant, “[Complainant], CAC called me and told me that they did not get the October Allocco Recycling invoice” to which Complainant explained politely, “Simone told me not to do it”. In response, Trupia screamed at Complainant, calling her “useless” and again alluded to the fake adversarial relationship between Complainant and Greis that he created, saying, “forget it, I will get Kim to do it.” On November 18, 2024, Simone told Complainant:
“I know Anthony is just being Anthony not making any sense. I don’t know why he is acting in this way towards you. He even wanted me to come here and hand you a list of all the things you have done wrong over the past few years. I told him that is ridiculous. Besides that, the books are accurate and there are no major mistakes that I could remember. If you wanted to record someone’s errors, you need to do that in real time. I am not going to go back and recreate someone’s record, that’s not what I do. If Anthony wants to do that, he can do it.”
Later, Trupia called Complainant and said:
“Did you speak to Jason? He defied me. I told him to gather a dossier on you and he didn’t do as I told him. He loves you because you do all of his work, and he barely has to do anything, he is just so lazy. I hate that you have made me have to deal with him so much.”
As alleged in the verified complaint, on November 20, 2024, Trupia called Complainant to a meeting with himself; his lawyer Patrick Deiorio (“Deiorio”); Diorio’s assistant Efrem Ramos; Bautista, Greis, Nunez, and Simone. At the group meeting, Diorio said to Complainant, “I am Pat Deiorio, nice to see you, this is Efrem, I heard a lot about you, none of it was good, joking.” Trupia admitted, “We turned into a toxic environment, so we got to change that, and we got to figure out how to move forward.” On November 21, 2024, Trupia instructed Complainant to join him on a conference call with Bautista, where Trupia said to Complainant:
“You are a piece of shit and ruining the company. What is wrong with you? You will lose this job for us. I need the account to be set up. We are picking up the material today and you can’t even do that much. What good are you? You better get in touch with them ASAP and get that credit line no matter what. We are at the plant now and we need to get this material for CAC. I want you to get in touch with ConStrux and set up an account. Just get me that account open now.”
Complainant said to Bautista, “That was out of line” to which Bautista said, “I will speak with him.”
According to the verified complaint, on December 3, 2024, at 9:09 p.m. Complainant emailed Bautista with the subject heading “Serious Work Matter”:
“Carlos, I am writing to formally lodge a complaint regarding harassment I have been experiencing while at work at Phantom Carting Inc. and Maverick Carting Inc, due to my Jewish faith. As you are aware, since Monday October 28th upon my return from my approved Jewish holiday vacation, I have been subjected to demotion of my duties without warning. In addition I have received continuous harassing and threatening emails, text messages, and phone calls to date, both during and after work hours from your Manager/Partner Anthony Trupia. These actions have created a hostile work environment and have significantly impacted my well-being and ability to perform my job effectively. I believe that everyone deserves to work in an environment free from discrimination and harassment. I kindly request that this matter be investigated promptly and appropriate actions be taken to address and prevent further harassment, as well as my day to day duties be restored Thank you for your attention to this serious matter.”
At 9:28 p.m., Bautista forwarded the “Serious Work Matter” email to Deiorio, and later told Complainant not to come back to work.
As alleged in the verified complaint, on December 6, 2024, Deiorio emailed Complainant in response to Complainant’s “Serious Work Matter” email the following:
“[Complainant], Carlos & I have reviewed this matter and concluded that your alleged harassment claims are baseless. Carlos has further decided to terminate your employment as of today. If you or your lawyer has any questions, please feel free to contact me. Thank you Pat”
Thus, Complainant was terminated in retaliation of her opposition to discriminatory practices and on account of the protected classes
If you or someone you know is suffering at work, contact the Firm at (516) 741-0300.
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