Discrimination And Retaliation Allegations Filed Against Curaleaf In Albany, NY

NYSDHR Case No. 10254881 / EECO Charge: 16GC506833

In September, 2025, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a Verified Complaint of sex/gender identity discrimination and retaliation on behalf of it’s client (“Complainant”) against Focused Employer Inc. d/b/a Curaleaf (“Curaleaf”), and individual Respondents Shaun Lehnert (“Lehnert”), Jason Guttierrez (“Guttierrez”), Robert Baker (“Baker”), Anthony Mazzariello (“Mazzariello”), Immanuel Babb (“Babb”), and David Russo (“Russo”, collectively, “Respondents”) with the New York State Division of Human Rights.

As alleged in the Verified Complaint, Curaleaf is a marijuana dispensary with a principal executive address in Stamford, Connecticut, and Complainant worked as a cultivation associate at Curaleaf’s facility located at 167 Coeymans Industrial Park Lane, Ravena, New York 12143, where Respondents had supervisory and managerial roles.

According to the Verified Complaint, Complainant was born male, began transitioning to female prior to employment, and typically reported to the Ravena facility.

As alleged in the Verified Complaint, on or around July 15, 2024, Complainant started working for Curaleaf on the same day as Complainant’s domesticated partner (“K.L.”), who was also born male and began transitioning to female prior to employment. That day, Senior People and Culture Partner for the northeast region, Lehnert called Complainant into his office, closed the door, and said, “So the reason I called you in here is because some people are asking why you’re in the women’s locker room. Do you really belong in the women’s locker room?” Complainant responded, “Yes, that’s the correct locker room,” and, when pressed, replied, “I am a non-binary trans woman.”

According to the Verified Complaint, on or around August 5, 2024, Complainant told cultivation supervisor Guttierrez that mold exposure was making it hard to breathe and asked for a transfer to the “Mom or clone” team. Guttierrez allegedly responded, “We can cross-train you when there’s an opportunity. Since that team is part of the Cultivation department, we can actually just transfer you over there when a spot opens up. You just need to talk to Nicole or Baker and let them know you want to.”

According to the Verified Complaint, on or around August 8, 2024, Complainant requested a transfer from lead cultivation associate Nicole McMaster, who allegedly said, “I don’t do the hiring, Baker does, you should speak to him.”

As alleged in the Verified Complaint, on or around August 29, 2024, Lehnert approached Complainant in front of K.L., stared at K.L.’s breasts, and made bewildered facial expressions. When K.L. asked, “Can I help you?” Lehnert replied, “So, this is what you do all day.”

According to the Verified Complaint, on or around September 12, 2024, Lehnert again approached Complainant in front of K.L., stared at K.L.’s breasts, made similar facial expressions, and then said, “Can you two come to my office?” When questioned by K.L. about the purpose, Lehnert said his boss wanted him to do a 45–day check-in “to see how things are going.” Complainant, feeling nervous and uncomfortable, opposed the treatment by stating, “I’m not comfortable doing that.”

As alleged in the Verified Complaint, on or around October 14, 2024, cultivation manager Russo denied Complainant’s request for a transfer, and on or around November 5, 2024, Guttierrez again denied a transfer request. On or around November 14, 2024, cultivation supervisor Baker allegedly denied a further request for transfer. The Verified Complaint states that other employees outside of Complainant’s protected classes and those who did not oppose discriminatory treatment were not treated this way.

According to the Verified Complaint, on or around January 3, 2025, Complainant began identifying as a female named (“V.”) and asked co-workers, including all individual Respondents, to refer to Complainant as “V.” rather than “K.”. The Verified Complaint alleges that from that date up to the present, Complainant “is still called (“K.”) on account of the protected classes and in retaliation of Complainant’s opposition to discriminatory practices.”

As alleged in the Verified Complaint, on or around February 3, 2025, lead cultivation associate Mazzariello looked at Complainant and K.L. and said, “I’m tired of them sticking me with these retards,” in front of male cultivation associate Cameron Dweyer (“Dweyer”), before leaving the room. Dweyer then allegedly told Complainant and K.L. that Mazzariello had 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.”

According to the Verified Complaint, on or around February 10, 2025, Guttierrez falsely accused Complainant of “dancing aggressively” at work, even though Complainant had not done so, in what Complainant believes was a “thinly veiled attempt” to set Complainant up for termination. The Verified Complaint again states that 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 or around April 10, 2025, Lehnert called Complainant “K.” and said Complainant would be transferred to a room with even more mold exposure. When Complainant objected, Lehnert allegedly accused Complainant of being too “aggressive” and of assaulting a female co-worker, stating, “(“K.”), you were clearly the aggressor,” even though, according to the Verified Complaint, there was “no such assault.” Complainant reported this April 10, 2025, incident to union representative Yvonne Duco. The Verified Complaint notes that other employees outside Complainant’s protected classes and those who did not oppose discriminatory treatment were not treated this way.

According to the Verified Complaint, on or around April 22, 2025, K.L. showed Complainant a text message from Dweyer describing how Mazzariello “would kind of target you guys” and “was just kind of always looking for bad things to say even if they weren’t true at all.” The text further stated that Mazzariello “made really weird jokes about sex between people that weren’t straight and ‘what goes where’” and included a remark in a mocking voice about “Oh my highney [sic] hurts,” which Dweyer described as “probably the one that pissed me off most, but there was plenty of fucked up jokes.”

As alleged in the Verified Complaint, on April 23, 2025, Complainant complained in writing of discrimination on account of the protected classes and retaliation through The Law Office of David H. Rosenberg, P.C.

According to the Verified Complaint, on or around May 9, 2025, Guttierrez gave Complainant a performance review using the name “K.” throughout the document, even after Complainant had requested to be called “V.”. The Verified Complaint states that 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 or around May 30, 2025, female employee Lizbeth Rivera refused Complainant’s request to transfer to a shipping and receiving coordinator position, and on or around July 24, 2025, Complainant was told that another candidate had been selected for a processing lab technician position that Complainant had also requested. The Verified Complaint states that other employees outside of Complainant’s protected classes and those who did not oppose discriminatory treatment were not treated this way.

According to the Verified Complaint, on or around June 18, 2025, Lehnert pointed to Complainant and K.L. in front of several employees and yelled, “Move over and let these guys clock out.” The Verified Complaint again alleges that 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, Complainant continues to suffer from the discriminatory and retaliatory treatment described, and seeks compensatory damages, emotional damages, punitive damages, civil fines and penalties, reinstatement, and a cease and desist order restraining Respondents from the alleged unlawful practices.

If you or someone you know is suffering at work, contact The Law Office of David H. Rosenberg, P.C. at (516) 741-0300.

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