Focused Employer Inc. d/b/a Curaleaf and Supervisors Sued in Albany, New York for Gender Identity Discrimination and Retaliation

In September, 2025, The Law Office of David H. Rosenberg, P.C., 445 Broad Hollow Road, Suite 25, Melville, New York 11747 (“Firm”) filed a Verified Complaint of sex/gender identity discrimination and retaliation on behalf of its client (“Complainant”) with the New York State Division of Human Rights in Albany, New York against Focused Employer Inc. d/b/a Curaleaf (“Curaleaf”), Shaun Lehnert, Jason Guttierrez, Robert Baker, Anthony Mazzariello, Immanuel Babb, Scott Hines, and David Russo (“Respondents”). 

As alleged in the Verified Complaint (Case No. 10254876), Complainant began working as a cultivation associate at Curaleaf’s facility located at 167 Coeymans Industrial Park Lane, Ravena, New York. Complainant, who was born male, had begun transitioning to female prior to employment.

According to the Verified Complaint, on Complainant’s first day of work, partner VC, also male to female transgender, reported to Complainant that: 

“I can’t believe what just happened, Shaun from HR pulled me into his office at the end of the day, alone, by myself, and asked me if I really belonged in the women’s locker room. He made me sit there and justify being there, made me explain my gender, and I was really scared. I need this job, and I thought I would be getting away from the transphobia by getting out of Texas. I thought New York would be a safe state.” 

As alleged in the Verified Complaint, Complainant repeatedly asked to be transferred away from the flower team due to mold exposure, which caused breathing issues. Each request was redirected or denied by Jason Guttierrez, Robert Baker, Nicole McMaster, or David Russo. Complainant was told by Guttierrez, “You should talk to Baker or Dave about that.” 

According to the Verified Complaint, on August 29, 2024, Shaun Lehnert approached Complainant in front of VC, stared at Complainant’s breasts, and said, “So, this is what you do all day.” Complainant opposed the treatment by ignoring the statement and switching the topic of conversation.

As alleged in the Verified Complaint, Lehnert again approached Complainant on September 12, 2024, stared at Complainant’s breasts, and then instructed Complainant and VC, “Can you two come to my office?” Complainant, sensing that Lehnert was sexually interested in Complainant and VC, opposed the treatment by asking, “What’s this about?” Lehnert stated, “My boss wants me to do a 45-day check-in.” Complainant refused, and VC said generally, “I’m not comfortable doing that.”

According to the Verified Complaint, on or around November 18, 2024, employee Taurean Holland asked Complainant, “What gender were you born as?” Complainant opposed the treatment by saying words to the effect of “none of your business”. Holland then loomed close to Complainant’s face, stating, “You will never be a real woman.” Other employees outside of the protected classes were not treated this way.

As alleged in the Verified Complaint, Complainant was repeatedly subjected to unwanted comments, sexualized conduct, and online stalking by Scott Hines. On December 9, 2024, Hines cornered Complainant and told her, “I saw you in the break room with your hair down, you look much better like that,” and later sent a Facebook friend request after locating Complainant’s pseudonym account. Complainant opposed this treatment by not accepting the friend request. Other employees outside of the protected classes were not treated this way.

According to the Verified Complaint, on December 23, 2024, in response to Complainant asking whether Hines had been seen at the facility, Immanuel Babb responded, “No, sir.” Other employees outside of the protected classes were not treated this way.

As alleged in the Verified Complaint, in early 2025, Complainant received strong performance support from several male supervisors who said she would be a good fit for a lead role. Nonetheless, when Complainant informed Shaun Lehnert of the recommendations for two open lead positions, “and wasn’t sure how to report that with the application process we have.” Lehnert never provided any guidance as to how to include the recommendations in the application process. Other employees outside of the protected classes were not treated this way.

According to the Verified Complaint, on February 3, 2025, Anthony Mazzariello looked at Complainant and VC and said, “I’m tired of them sticking me with these retards.” Witness Cameron Dweyer then told Complainant and VC that:

“Maz was complaining about your work in the dry room. He was accusing you of turning away bins, when I was actually the one that requested they stop, even after I corrected him. He’s been looking for bad things to say and blame on you even if they aren’t true and making anti-queer rhetoric and jokes in the locker-room.”

As alleged in the Verified Complaint, from February 3 to February 20, 2025, a female co-worker named Miranda made loud moaning and sexual noises in the locker room whenever Complainant was present. When Complainant asked her to stop, the noises intensified. Other employees outside of the protected classes were not treated this way.

According to the Verified Complaint, on April 10, 2025, VC reported to Complainant that:

“HR is trying to get me fired. Shaun and Stephanie misgendered me, deadnamed me, and they along with Jason accused me of assaulting Stephanie intentionally and aggressively because I bumped her with a door by accident. The door just swung open faster than I expected, because it didn’t have a pneumatic door closer, like every other door in the facility does. They were calling me Kent, and there’s no reason to do that except to put me in my place.” 

Complainant went to Lehnert’s office and said “That was not appropriate how you handled [VC],” Lehnert responded, “Kent can speak for himself.” 

As alleged in the Verified Complaint, on April 14, 2025, Complainant reported the April 10 incident to union representative Yvonne Ducco, who stated, generally, “I will proactively call Shaun and let him know that the company should not have any meetings with you or [VC] without me physically present or on a phone call.”

According to the Verified Complaint, on April 16, 2025, Guttierrez denied Complainant’s transfer request yet again. Other employees outside of Complainant’s protected classes and those who did not oppose discriminatory treatment were not treated this way.

As alleged in the Verified Complaint, on April 18, 2025, union representative Seth Deluca instructed Complainant to attend a meeting with Guttierrez. When Complainant reminded them that Ducco was supposed to attend, Guttierrez said, “Seth is your union representative,” even though he was not. Other employees outside of the protected classes were not treated this way.

According to the Verified Complaint, on April 22, 2025, Dweyer texted Complainant:

“He [Mazzariello] would kind of target you guys. Like I remember I was in the dry room with you one day and he says nothing was getting done because ‘you were refusing bins’ when you weren’t and I had actually asked them to stop bringing them in. He was just kind of always looking for bad things to say even if they weren’t true at all” followed up with “He made really weird jokes about sex between people that weren’t straight and ‘what goes where’. I vividly remember having to tell him to not say shit like that when I’m in the room when he was saying someone had a long night and saying in a mocking voice ‘Oh my highney [sic] hurts’ That was probably the one that pissed me off most, but there was plenty of fucked up jokes”

As alleged in the Verified Complaint, on June 18, 2025, Lehnert pointed at Complainant and VC in front of several employees and yelled, “Move over and let these guys clock out.” Other employees outside of the protected classes were not treated this way.

According to the Verified Complaint, Complainant continues to suffer ongoing discriminatory and retaliatory treatment on account of gender identity and opposition to discriminatory practices.

The Firm is seeking all available damages, penalties, and orders under the law on behalf of Complainant. If you or someone you know is suffering at work, contact The Law Office of David H. Rosenberg, P.C. at (516) 741-0300. 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.