On December 30, 2024, the Firm filed a verified complaint of disability discrimination and retaliation on behalf of its disabled client (“Complainant”) with The New York State Division of Human Rights against RCI Industries, Inc. (“RCI” or “Company”) and its CEO, Peter T. Imbert (“Imbert” or “Peter”), former mayor of Amityville.
As alleged in the verified complaint, Complainant commenced employment with RCI in October 1991 and was employed with RCI from 1991 until 2024. She was a good worker who was given several salary increases and promotions throughout her employ. In or around 1999, then RCI owner Richard Imbert (“Richard”) said to Complainant generally, “My son [Peter Imbert] has no empathy for anyone, he was born with a silver spoon in his mouth, he does not understand the problems that the average person experiences.”
As alleged in the verified complaint, Richard died on July 24, 2023, and his son, Respondent Imbert, took over RCI. Since then, Imbert has generated at least three Verified Complaints of discrimination and retaliation filed against him and the Company with the New York State Division of Human Rights, including this instant action.
According to the verified complaint, on or around September 5, 2023, Complainant told psychology department supervisor Kathy King (“King”) generally “I went to the doctor who said I have PTSD, is it all possible to get some help with my workload since my doctor said that would help?” King flatly denied the reasonable accommodation request and said, “No, you can do it [Complainant].” Other non-disabled employees and those who did not request reasonable accommodations were not treated this way. On or around October 3, 2023, King intimated that the Company had no money to provide the reasonable accommodation, telling Complainant generally:
“I went to ask Peter for a raise since your salary and my salary are so close. Peter said he did not have the money, so I began to get loud so that the Company Vice Presidents could hear me saying that Peter gave me $500 gift cards and could call me out in the hallway to kiss me. Tara [Frucci][2] wrote up the sexual harassment incident report and Peter had to sign the form.”
Other non-disabled employees and those who did not request reasonable accommodations were not treated this way.
As alleged in the verified complaint, on or around October 27, 2023, Complainant had a scheduled vacation coming up and asked King generally, “Would it be ok if I give back one of my vacation days and come into the office since you are on vacation the week after I am, that way you can update me on anything that needs my attention while you are out?” In a harsh, condescending tone, King replied, “absolutely not, when you take a vacation day you cannot give back any days, that is my rule.” King then said, “You and Jessica[3] seem to be getting very chummy.” Other non-disabled employees and those who did not request reasonable accommodations such as senior underwriter Lauren Spragis (“Spragis”), were allowed to come back to work early from a vacation and not treated this way.
On or around November 1, 2023, Complainant told Vice President Brian Brady (“Brady”):
“Kathy yelled at me for asking to come in to work on the last day of my vacation so that I could discuss with her what had gone on while I was out of the office and to see if I needed to do anything for her the following week since Ms. King was going to be out of the office on vacation the following week. Kathy told me no; I am the supervisor of the department and this is how I want it.”
Notwithstanding her complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was given. On the contrary, Complainant was forced to continue working in the hostile work environment described herein.
According to the verified complaint, on or around November 23, 2023, King instructed Complainant to attend a meeting with herself and Brady behind closed doors. At the closed-door meeting, King told Complainant, “Brian said you told him I yelled at you. I never yelled at you.” Complainant replied, “Yes you did yell at me, I just wanted to come back early from my vacation to catch up with what I had on my desk and to check in with you before you went on vacation, I cannot believe you are having me reprimanded for this.” King said, “I am the Supervisor of the department and that is how I want it.” Complainant replied, “You allow Lauren [Spragis] so why can’t I?” to which King said, “I am in charge and can make these exceptions.” Complainant said generally, “I also did not appreciate you saying to me [Complainant], you and Jessica are getting very chummy as if you have a problem with me.” King said, “I have never said that.”
From this time on, King would typically ask senior underwriters Karen “Laverne” Bulgin (“Bulgin”) and Spragis questions in earshot of Complainant like “how are you doing with your workload” and offer to alleviate their assignments by giving their job tasks to Complainant. Other non-disabled employees and those who did not request reasonable accommodations were not treated this way.
As alleged in the verified complaint, on or around January 3, 2024, Complainant said to King, “Kathy, you typically ask Laverne [Bulgin] and Lauren [Sturgis] how they are doing with their work and you offer to help alleviate or skip giving them more work by giving it to me and you never ask me how I am doing or if I need help, I somehow always get the extra work when I have been asking you to help me at this time to alleviate my work due to my PTSD.” Notwithstanding her complaint, the hostile work environment continued.
According to the verified complaint, on or around January 25, 2024, Complainant told Imbert generally, “I am suffering from PTSD and ever since I told Kathy about needing a lighter workload, she has increased it and I am having trouble keeping up.” Imbert said words to the effect of “I am not a counselor” and further refused to alleviate Complainant’s workload.
On or around July 30, 2024, Complainant told Imbert generally, “Peter, I am still having a hard time with the PTSD and increasing workload from Kathy” to which Imbert suggested, “Maybe you can change simple things in your house? For example, maybe buy new curtains, new decorative pillows, maybe this will help you feel better” and refused to alleviate Complainant’s workload. Other non-disabled employees and those who did not request reasonable accommodations were not treated this way.
As alleged in the verified complaint, on or around September 16, 2024, Complainant said to Imbert words to the effect of, “Peter, would you please consider lowering my position from assistant supervisor to senior underwriter which would help alleviate my workload due to my PTSD.” Incensed by the request, Imbert raised his voice and yelled at Complainant, “You have been here for 33 years and now you’re telling me you can’t handle your job? I want to have a meeting, this is ridiculous.” Imbert then called a closed-door meeting with human resources director Tara Frucci, King, vice presidents Brady, Janice Hoffman, and Complainant who began speaking generally with:
“I am so sorry but I am trying. I have PTSD and my doctor told me to ask for a lighter workload. I did and Kathy gave me more extra work in response. I asked for help with this and nobody has helped me.“
According to the verified complaint, Imbert then yelled, “I am not dealing with this, you take care of it” and stormed out of the meeting. Brady said to Complainant in a sarcastic tone, “[Complainant] do you think you can make it upstairs and do some work?” Frucci told Complainant, “Unfortunately, we will have to let you go.” Complainant was terminated. Other non-disabled employees and those who did not request reasonable accommodations were not treated this way.