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In May 2024, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a verified complaint of sex discrimination and retaliation on behalf of the Firm’s male lifeguard client (“Complainant”), against Asphalt Green, Inc., (“Asphalt Green”) a not-for-profit corporation that provided sports, swim, and fitness instructions and programs to New York City children and adults, 555 East 90th Street, New York, New York 10128 (“Premises”), with the New York State Division of Human Rights (“NYSDHR”).
As alleged in the verified complaint, male aquatics administrator Joshua Evans (“Evans”) anally and orally sodomized Complainant under the threat of employment termination approximately 30 times.
On or around April 26, 2022, Evans blocked Complainant’s way of exit at the Premises and forcibly kissed Complainant. On or around May 2, 2022, Evans brushed up against Complainant causing his erect penis to make contact with Complainant’s person through clothing.
On or around May 17, 2022, Evans followed Complainant at an unreasonably close distance and tried to forcefully kiss Complainant again at the Premises.
On or around June 3, 2022, Evans texted a picture of his erect penis to Complainant.
On or around July 8, 2022, Evans told Complainant words to the effect of, “Give me a blowjob in my car.” Out of fear of losing his job, Complainant complied with the request and engaged in oral sex.
On or around July 10, 2022, Complainant said to Evans, “I do not want to continue any of this anymore.” Evans then retaliated.
On or around July 20, 2022, Evans, in front of aquatics administrator Jon (Hispanic male, last name unknown), said aloud to Complainant generally, “You give good oral sex.”
On or around September 15, 2022, in response to Complainant’s’ recent promotion from $22.00 per hour as lifeguard/swim instructor/coach to a $42,000 per year salaried community program coordinator, Evans said, “You only got your promotion because of me” in front of lifeguards Jaylene (black female, last name unknown) and Max (black male, last name unknown).
On or around October 11, 2022, Evans went to Complainant’s’ computer at the Premises and sabotaged his work performance by fraudulently altering names and email addresses in Complainant’s contacts, as well as false times and dates in Complainant’s master spreadsheet, causing Complainant to miss at least one principal meeting.
On or around October 20, 2022, Evans threatened Complainant, “You won’t be working here for long.” Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.
On or around October 25, 2022, Evans texted a picture of his erect penis to Complainant and wrote, “Imma [sic] put this whole thing in ya booty.”
On or around October 27, 2022, Evans said to Complainant, in front of instructor Darlene (white female, last name unknown), “I’ll go and kiss [Complainant] right now.”
On or around December 6, 2022, Evans asked Complainant words to the effect of, “Would you give me head?” Complainant said “No” and tried to walk away. Evans then followed Complainant and repeatedly asked for “oral sex” and “a blow job” to which Complainant said “no” and walked away.
On or around January 13, 2023, Evans created an office poll concerning the amount of time left in Complainant’s employment; gave the poll to Jon, Max, and Jaylene, and asked words to the effect of, “How long do you think [Complainant] will last?” Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.
On or around February 18, 2023, Evans said to Complainant, “Come to my car and do what I need you to do. You give the best head.” Complainant said “No.”
On or around March 4, 2023, Evans put a lock on Complainant’s personal locker at the Premises.
On or around April 10, 2023, Evans brushed his erect penis against Complainant’s person through clothing at the Premises.
On or around June 8, 2023, Evans entered the shower Complainant was using at the Premises and began kissing Complainant. Complainant told Evans to “Stop.”
On July 11, 2023, Evans texted Complainant, “Good morning. Come to my car. Before you go in the building.” Complainant protested and wrote, “Do I have to bro smh” to which Evans wrote, “Yea you do. You see I got you on swim clinic. And gave you more hours.”
Complainant wrote back “SMH” and “I guess”. Evans wrote, “I will schedule them in 2 to 3 weeks.”
On August 11, 2023, Evans fired Complainant for “performance issues.” Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.
On or around August 16, 2023, Evans falsely reported to the New York City Housing Authority that Complainant was in a “gang” in a retaliatory effort to have him removed from his residence.
On or around February 29, 2024, Complainant complained of these sex discrimination and retaliation claims through counsel to Jordan Brackett, CEO of Asphalt Green. In response, Evans was rewarded with continued employment.
As of the date of this verified complaint, Evans remains employed with Asphalt Green.
This is not the first sex discrimination case filed against Asphalt Green. Indeed, the Firm secured a PROBABLE CAUSE determination on or around April 23, 2021, in the NYSDHR action of Jeanette Aboott v. Asphalt Green, Inc., et al. (Case No. 10207582/ Federal Charge No. 16GC002654).
The information and allegations cited to herein comes directly from publicly filed documentation and are meant as a means of attorney advertising.
