CN Guidance of Hicksville NY Sued for Disability Discrimination

NYSDHR Case No. 10263786

On April 3, 2026, The Law Office of David H. Rosenberg, P.C. filed a verified complaint of disability discrimination and retaliation on behalf of its male client who suffered from obesity/diabetes against Central Nassau Guidance and Counseling Services, Inc., 950 South Oyster Bay Road, Hicksville, New York (“CN Guidance & Counseling”), Alcott HR Group, LLC (“Alcott”) 71 Executive Boulevard, Suite 1, Farmingdale, New York, and individual Respondents Carol Otero (“Otero”), Stephanie D’Onferio (“D’Onferio”), Brittany McKennel (“McKennel”), Victoria Guercio (“Guercio”), and Gabriela Giron (“Giron” and all together as “Respondents”). 

As alleged in the verified complaint, on or around September 20, 2023, D’Onferio told Complainant – who typically saw 20 clients per week – that he would be getting more high-risk clients “since you are a bigger male and can handle it.” D’Onferio then typically assigned Complainant 40 clients per week, amounting to approximately 80 hours of extra weekly work, yet he was not compensated at any additional rate for his work and time. Other non-disabled employees were not treated this way. 

As also alleged in the verified complaint, on or around November 1, 2023, Complainant told D’Onferio that he had been suffering from diabetes, and that the double caseload had exacerbated his previous existing condition. Notably, Complainant was still given approximately 40 clients per week. Other non-disabled employees were not treated this way.

According to the publicly filed pleadings, in or around January of 2024, Complainant achieved his New York State Marriage and Therapy Permit. His caseload was reduced to 30 clients per week, resulting in approximately 60 hours of extra weekly work. However, he was not compensated any additional monies for taking on the 10 additional clients per week. The hostile work environment also continued.

Also, according to the publicly filed pleadings, on or around January 8, 2024, ACT team nurse Kathy (female, last name unknown) told Complainant in reference to his obesity, “I have an XL work jacket if you need one.” Other non-disabled employees were not treated this way.

As alleged in the verified complaint, on or around February 15, 2024, in reference to an aggressive mentally challenged six-foot patient named David who had threatened/assaulted others at work, D’Onferio told Complainant, “You will keep attempting David because you are such a big guy”. Other non-disabled employees were not treated this way.

As also alleged in the verified complaint, on or around March 10, 2024, in reference to heavier set mental patients, Kathy said to Complainant, “We have to be worried about seeing certain clients. But you don’t have to be worried as much, I guess. You are a big, bulky guy.” Other non-disabled employees were not treated this way.

According to the publicly filed pleadings, on or around June 4, 2024, a female employee named Jessica (last name unknown) of the ACT Team said to Complainant, “You look funny getting into such a small car, being that you are such a big guy.” Other non-disabled employees were not treated this way.

Also, according to the publicly filed pleadings, on or around July 2, 2024, ACT Team Nurse Mike (last name unknown) said to Complainant, who had been taking Wegovy for approximately two months, that he looked “horrible” and “run down like one of our clients who uses substances.” 

As alleged in the verified complaint, on or around August 15, 2024, Mike said to Complainant, who had noticeably lost weight after taking Wegovy for approximately three months, “You remind me of the client in Hempstead who always wears a face mask. I mean, your appearance, he smokes crack.”

As also alleged in the verified complaint, on or around September 1, 2024, in reference to a potluck scheduled in Babylon where employees were free to bring snacks of their own choosing, D’Onferio old Complainant, said, “You can bring vegetables to the potluck,” on a group call with Mike, female employee Jessica (last name unknown), and Kathy.

According to the publicly filed pleadings, on or around October 24, 2024, at an off-site awards luncheon, the female department head (name unknown) asked Complainant to leave so they could take pictures. 

Also, according to the publicly filed pleadings, on or around November 1, 2024, Complainant requested and received medical leave in the form of a day off to seek treatment for his diabetic condition and disclosed the same to Guercio.

According to the publicly filed pleadings, on or around January 3, 2025, co-worker Maria Ploth (“Ploth”) told Complainant that “we are doing a fitness challenge” and to be ready because “it will start in a few weeks based on a point system.” However, Complainant was not interested and opposed the treatment by not responding to Ploth’s four email requests for him to join.

Also, according to the publicly filed pleadings, on or around January 19, 2025, Ploth told Complainant to “not forget to send your pictures in for the fitness challenge.” However, Complainant was embarrassed by Ploth’s requests for photographs of his body and opposed the treatment by sending in pictures of a fitness machine and digital display instead.

As alleged in the verified complaint, on or around February 6, 2025, Guercio told Complainant that “team members have been concerned about you, you do not seem to be yourself, you seemed to be confused, disoriented.”  However, Complainant had been acting like himself, was not confused, and was focused at work. Thus, he believed that Guercio had treated him less well on account of taking Wegovy to treat his existing condition.

As also alleged in the verified complaint, on or around February 9, 2025, Monica said to Complainant, “I wanted to see how you are doing; you did not seem to be yourself; you seem to be confused; I just wanted to check in on you. You know I have had diabetes too, but I have never had it reach that level, so take care of yourself.” Thus, Complainant was being treated less well on account of taking Wegovy to treat his existing condition.

According to the publicly filed pleadings, on or around February 12, 19, and March 8, 2025, peer specialist Roger sent a series of unsolicited texts and left voice mail messages trying to coax Complainant into joining CN Guidance counseling services for his weight and diabetes issues.

Also, according to the publicly filed pleadings, on or around March 12, 2025, Complainant received an email from Human Resources sent only to him requesting that he sign a new employee handbook policy that required him, inter alia, to submit to a drug and alcohol test. In a thinly veiled attempt to mask the discrimination, Human Resources then sent out a general Company-wide email requesting the same of other employees.

As alleged in the verified complaint, on or around April 5, 2025, another FACT Team social worker named Mike told Complainant, “Hey. I already ate four pieces of pizza, man. You better catch up with me. I am only kidding, don’t worry.” Male ACT Team worker Adam (last name unknown) added, “You remind me of a kid I used to work with on my last ACT team. Unfortunately, he had some issues.”

As also alleged in the verified complaint, on or around April 16, 2025, Ploth asked Complainant, “Would you be able to make the fitness challenge potluck?” Complainant opposed the treatment by saying, “Unfortunately, I have patients to see.”

According to the publicly filed pleadings, on or around April 18, 2025, Garion told him, “You need to go to the fitness challenge potluck” in a Microsoft Teams conference call. Ploth then called Complainant and said, “I just spoke with your supervisor. I believe you can make the potluck.” Complainant was thus forced to go to the potluck.

Also, according to the publicly filed pleadings, on or around April 22, 2025, at the Company’s Suffolk County office potluck, female Controller Alana Kondoskal (“Kondoskal”) asked generally to other employees as Complainant walked in, “Is that him, is that the guy?” Female co-worker Kathy Lombardi asked Complainant, “How did you lose so much weight?” In reference to his Wegovy treatment, male co-worker Richard (last name unknown) asked, “Isn’t it a shame how many people have overdosed from drug use?” PROS female program director Caitlyn Roeder added: “Yeah, there are so many, it is so sad.” Lombardi said, “Yes, I am in recovery for drug use.” Richard said, “Yes, me also.” Lombardi looked right at Complainant and said, “A lot of people do need to get out.”

As alleged in the verified complaint, on or around April 27, 2025, female YACT secretary Michelle (last name unknown) admitted to Complainant, “I was the one who spoke with Gabby to set it up to make sure you would be able to attend the potluck, Maria [Ploth] is my sister-in-law.” Other non-disabled employees were not treated this way.

As also alleged in the verified complaint, on or around May 7, 2025, Complainant was approximately five to ten minutes late to a regular morning meeting due to low blood sugar. Complainant disclosed his low blood sugar as the reason for coming in late to Garion. Indeed, many employees are regularly five to ten minutes late, and some who are busy do not even show up at all without consequence. That day, peer specialist Roger again tried to coax Complainant into joining CN Guidance counseling services for his weight and diabetes issues, but he refused.

According to the publicly filed pleadings, on or around May 8, 2025, Garion said to Complainant, “I understand that you needed to be late due to you having to get your blood sugar under control, but I still have to give you a write-up.” Complainant asked why, and Garion said, “We will speak about this tomorrow.” Other non-disabled employees were not treated this way. 

As alleged in the verified complaint, on or around June 5, 2025, peer specialist Roger again contacted Complainant, trying to coax him into joining CN Guidance counseling services for his weight and diabetes issues, and Complainant refused.

As also alleged in the verified complaint, on or around June 16, 2025, Complainant submitted a reasonable accommodation request from his doctor requesting that he be able to “step away from the home desk” when needed to get his blood sugar under control and for his “emergency contact” to be able to represent to the Company if he needed the day off for medical purposes. It was submitted to Garion, Guercio, and Otero.

According to the publicly filed pleadings, on or around June 17, 2025, Otero accused Complainant of having submitted a “not very descriptive at all” reasonable accommodation request and questioned, “Are you sure you need these accommodations?” However, the reasonable accommodation request was descriptive, and Complainant absolutely needed the reasonable accommodation. Further, Respondents failed and refused to even engage in the interactive process.

Also, according to the publicly filed pleadings, on or around June 24, 2025, Complainant took medical leave in the form of a day off to seek treatment for his diabetes. On that day off from work, Human Resources employee McKennel sent Complainant a threatening email informing him that he would be fired on his day off if he did not call Otero by the close of business. Complainant called three times, and Otero refused to answer, on purpose, to set Complainant up for termination on account of his disability and in retaliation. However, Complainant did leave Otero a voicemail message. 

As alleged in the verified complaint, on or around June 25, 2025, Otero told Complainant she did not receive the ADA Forms he had sent her. When Complainant reminded her that she received them already, she finally relented, “Oh, now I see it, what accommodations are you looking for again?” Complainant explained generally “to be able to step away from my desk to take care of low blood sugar and to have a proxy be able to call in for me when I am too sick to attend work.” Otero responded with the words to the effect of, “Why don’t you take an unpaid leave of absence?” Complainant responded, “Because I cannot afford to.” Other non-disabled employees, and those who did not ask for reasonable accommodations, were not treated this way.

As also alleged in the verified complaint, on or around July 16, 2025, Garion gave Complainant a PIP that accused him of using his reasonable accommodation to step away from his desk in order to get his blood sugar under control.

According to the publicly filed pleadings, on July 22, 2025, Complainant was terminated on account of disability and in retaliation for his reasonable accommodation requests and opposition to disability discrimination.

If you or someone you know is suffering at work, contact The Law Office of David H. Rosenberg, P.C. Problems at work are no problem for us.

The information and allegations cited herein come directly from publicly filed documentation and are meant as a form of attorney advertising.