Automobile Workforce Added To Sexual Harassment Case Against Parts Authority

In June 2022, The Law Office of David H. Rosenberg, P.C., 445 Broad Hollow Road, Suite 25, Melville, New York, 11747, filed a verified complaint of sex discrimination and retaliation with the New York State Division of Human Rights (“NYSDHR”) against Respondent Parts Authority LLC, (“Parts Authority” or “Company”), located at 3 Dakota Drive, Suite 110, New Hyde Park, New York, 11042, on behalf of a Dominican male employee (“Complainant”). The Verified Complaint was later amended to add Yeajendra Bhul (“Bhul”), Imitaz Muhamed Alli, Haimchandra Singh, and Yogindra Singh.

As alleged in the Verified Complaint, on May 17, 2021, Complainant commenced employment as a driver with a work schedule of 64 hours per week; was paid straight time at $14.00/hr for the first 40 hours; and $21.00/hr for the 24 hours worked per week in overtime. Due to sheer hard work and dedication, Complainant was well-liked by co-workers and customers. Notwithstanding these positive contributions, Complainant was discriminated against on account of the protected classes and retaliated for engaging in protected activities.

On July 21, 2021, while Complainant was bending at the Premises, Ali (last name known, male receiving department employee) said to Complainant, “Don’t bend over like that or I will give you a surprise if you bend over like that.” Complainant stood up and Ali grabbed Complainant’s chest, squeezing Complainant’s nipples until Complainant was able to break free and say “Stop”.

On July 24, 2021, Raj (last name unknown, male dispatcher) said to Complainant, “are you ready for our date this weekend, are we going to go out to eat, are we going to camp together, we are going to have fun together.” Complainant complained to Rambo (last name unknown, male dispatcher, “Does Rag have to call me by my last name, then ask me out on a date and talk about camping alone and touching me?” Rambo replied, “Raj is just joking around.”

On August 4, 2021, Ali said, “[Complainant] likes it touchy” to Bhul, who added “touchy, touchy” to which Ali replied, “[Complainant] likes it touchy, touchy.” Complainant told Bhul to stop. Bhul then stared Complainant in the eye and gave facial expressions consistent with that of a person falling in love with another. 

On September 4, 2021, Bhul said, “It’s Wednesday, it’s hump day” and grabbed Complainant’s buttocks for his own sexual gratification.

Between September 2021 and February 2022, Raj would typically ask Complainant, “Ramirez, are you ready to date”; “when are we going to have fun together”; and “when are we going out to eat?” This made Complainant feel embarrassed, ashamed, and emotionally traumatized. Other employees who did not belong to the protected classes, and those who did not oppose discriminatory practices, were not treated this way.

Between September 2021 and February 2022, Bhul would typically approach Complainant from behind on Wednesdays, say “it’s hump day”, “touchy, touchy”, and grab Complainant’s buttocks for his own sexual gratification. This made Complainant feel embarrassed, ashamed, and emotionally traumatized. Other employees who did not belong to the protected classes, and those who did not oppose discriminatory practices, were not treated this way.

Between September 2021 and February 2022, Ali would typically say, “Don’t bend down like that, I have something to for you there now, that will cost you now” whenever Complainant would bend over at the Premises.

On February 10, 2022, Bhul grabbed Complainant’s buttocks and squeezed for his own sexual gratification. Complainant reported this to Mitch (last name unknown, male manager) who said, “I’m shocked at what Bhul did. He shouldn’t have touched you like that. I will handle it.”

On February 11, 2022, Avinash called Complainant a “faggot” and a “pussy”. Raj rubbed Complainant’s elbows and poked Complainant’s hip for his own sexual gratification. Complainant reported to Mitch generally, “Raj just rubbed my elbows and poked my hip. It’s very uncomfortable. Please help me.” Complainant showed Mitch an audio recording of Avinash calling Complainant a “faggot” and a “pussy”. Mitch replied generally, “Oh stop it, they are just playing around. Take it easy.”

On February 22, 2022, Complainant said to James (last name unknown, male store manager) generally, “Raj has been saying to me are you ready for our date this weekend, are we going to go out to eat, are we going to camp together, we are going to have fun together, and touching me on the elbow and hip. Bhul has been grabbing my butt saying it’s hump day and touchy, touchy. Ali has been squeezing my nipples, saying it’s touchy, touchy, and don’t bend over or I’ll give you a surprise and it’s very uncomfortable for me. I need help with this because I complained to Mitch, and nothing has changed.” James said that he was generally “shocked” and would “look into it.”

On February 24, 2022, Complainant asked James for an update on his complaint. James replied generally, “Stop, you’re the problem, I don’t want to hear about who’s touching you or who is discriminating on you” and accused Complainant of “causing problems”. Complainant then complained to Eric with words to the effect of:

Raj has been saying to me, are you ready for our date this weekend? Are we going to go out to eat? Are we going to camp together? We are going to have fun together. And touching me on the elbow and hip. Yeajendra has been grabbing my butt saying it’s hump day and touchy, touchy. Ali has been squeezing my nipples and saying don’t bend over or I’ll give you a surprise and it’s very uncomfortable for me. I need help with this because I complained to Mitch, and nothing happened. I complained to James, and I asked him for a follow-up just now and he just accused me of being the problem. He won’t help, and I need help.

Eric said he was generally “shocked” and would “look into it.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was given. To the contrary, Complainant was forced to continue working in the aforesaid hostile work environment.

On February 25, 2022, Mitch told Complainant, “James doesn’t want you working as a shuttle driver.” Other employees who did not belong to the protected classes, and those who did not oppose discriminatory practices, were not treated this way. 

Since March 12, 2022, Complainant’s work carts have been typically tagged with the colors of the flag of Guyana. Prior to this, Complainant’s work carts were never colored red, black, yellow, and green. Other employees who did not belong to the protected classes, and those who did not oppose discriminatory practices, were not treated this way.

On April 6, 2022, Complainant complained to Cortez (last name unknown, male driver) generally, “They keep tagging my work carts with the flag colors of Guyana.” Cortez responded, “I can be your father but I’m not going to tell you this in a bad way, but if you are not from Guyana, they are not going to keep you inside. You are Dominican.” That day, Complainant was promoted to dispatcher. 

Since April 6, 2022, Complainant has been working as a dispatcher for approximately 53 hours per week at a rate of $15.00 per hour in straight time for 40 hours worked per week; and at the overtime rate of $22.50 for all hours worked in excess of 40. However, the regular dispatcher rate for straight time is $17.00 per/hr. Therefore, Complainant has been compensated at $2.00 per hour less than other dispatch employees who did not belong to the protected classes and those who did not oppose discriminatory practices.

On May 31, 2024, and as a result of the investigation into these very serious sex and national origin discrimination/retaliation claims, the NYSDHR added Automobile Workforce as a respondent.