MTA and LIRR sued for Sex Discrimination and Retaliation by Long Island Employment Law Firm

On March 11, 2026, 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, marital status (“protected classes”) discrimination and retaliation on behalf of its female client (“Complainant”) against her New York employer: Metropolitan Transportation Authority (“MTA”), the Long Island Rail Road (“LIRR”), and individual Respondents Denielle Frisa (“Frisa”, payroll coordinator), Angella McGregor (“McGregor”, payroll coordinator), Kaitlin Ferriolo (“Ferriolo”, supervisor), and Jessica Cooke (“Cooke”, Chief Equal Opportunity Officer,  and all together as “Respondents”) 

As alleged in the verified complaint, on or around July 15, 2025, after McGregor wrongfully gained access to MTA’s secure pass office security system using old security credentials in violation of LIRR rules, policies, and practices, Frisa told Complainant while looking at a secure photo of her husband, “I know him, I know him [your husband], I never forget a face, especially a face like that, He’s [your husband] is having an affair with my friend Kelly, Kelly Dempsey”. McGregor told Complainant, “Since it seems like both you and Denielle [Frisa] are unhappy maybe you two should hookup.” When Complainant replied, “no thanks, I’m good with what I have at home”,  Frisa replied “that’s unfortunate at least I’m honest.” Other employees outside of Complainant’s protected classes were not treated this way.  

As also alleged in the verified complaint, beginning on or around July 22, 2025, and continuing throughout her employment, Complainant was subjected to a hostile work environment that typically included Frisa and McGregor singing at work: 

1. the lyrics to and in the tune of Sade’s “Smooth Operator” while placing great vocal emphasis on the he in the phrase “he’s a Smooth Operator” and looking directly at or towards Complainant;
2. the lyrics to and in the tune of Naught by Nature’s “O.P.P.”, a song about infidelity with other people’s private parts; and 
3. the lyrics to, and in the tune of, Shaggy’s “It Wasn’t Me,” a song about a man asking his friend what to do after being caught cheating on his girlfriend.

As further alleged in the verified complaint, on or around July 28, 2025, McGregor, while looking at Complainant, said to Frisa at a volume loud enough for Complainant to hear, “I didn’t know it was ok for married people to cheat, I would’ve stayed married.”

As alleged in the publicly filed pleadings, on August 19, 2025, McGregor asked Complainant, “Does your dog have fleas?” Complainant, who has a dog, said, “No, my dog doesn’t have fleas,” to which McGregor replied, “No, [I meant] your husband.” 

As also alleged in the publicly filed pleadings, on September 9, 2025, while looking at Complainant, Frisa complained to McGregor, “This one here is clueless, knock-knock, anyone there?  Clueless like Rich Adamo.”[4] Other employees outside of Complainant’s protected classes and those who did not oppose discriminatory practices were not treated this way. 

As further alleged in the publicly filed pleadings, on September 22, 2025, Complainant was on leave for about a week. By on or around September 30, 2025, Complainant had returned and complained to Cooke and diversity representative Anna Gokhman Edwards:

“I was working in a hostile work environment, and I wanted the bullying to stop.  I’m being harassed and tormented by two women in the workplace by Angella McGregor and Denielle Frisa. A few months prior, Angella McGregor pulled up my husband, [Complainant’s spouse], pass photo on the Pass Office Security System as an unauthorized user.  She showed Denielle Frisa his photo on this system, and Denielle said, “I never forget a face, especially a face like that. He’s having an affair with my friend Kelly, Kelly Dempsey.” Denielle Frisa and Angella McGregor were looking at my husband’s picture on the office computer, the pass office security system. They are unauthorized users of this system.  Angella McGregor said since it seems like both you and Denielle are unhappy, maybe you two should hook up My reply: I said no thanks, I’m good with what I have at home. Denielle Frisa said that’s unfortunate. At least I’m honest.”

Notwithstanding this complaint, no investigations were conducted, no corrective action was taken, and no disciplinary action was given. On the contrary, Complainant was subjected to further hostility as described herein. 

As alleged in the verified complaint, on or around October 3, 2025, Edwards emailed manager-resource business partner Vishwani Ackiam (“Ackiam)” her statement, which included the following:

“I came into the office around 7:15 am. As I approached my cubicle, Denielle Frisa and Angela McGregor was looking at pictures in the pass office security app. Denielle Frisa makes a statement, “I know him. I know him. I never forget a face, especially a face like that. He was with my friend Kelly.” Then she says, “Kelly Dempsey.” At that point, I knew she was talking about my husband, [Complainant’s spouse]. Kelly Dempsey worked with my husband 8-9 years ago, coaching basketball. I didn’t reply. Felt like I didn’t have to discuss my personal life with them. I unpacked my lunch. When I got back to my desk, Angela McGregor then says, “Since the both of you are unhappy at home, maybe you two can hook up”. I quickly looked at her and said, “No thanks. I’ll keep what I have at home.” Denielle’s reply was, “That’s unfortunate, because at least I’m honest.” I didn’t know how to reply to that, so I left it alone. Hoping the allegations would stop. I was tormented with comments, degraded, and insulted. Angela McGregor was having a conversation with Denielle Frisa and Therese Mehr about fleas and their dogs. I was quiet and to myself. Then she asked, “What about you, [Complainant]? I looked up and said no my dog doesn’t have fleas. She then said, “No, your husband.” I turned away and kept working. Denielle Frisa was also disrespecting me by singing songs about infidelity loudly and being obnoxious. Songs like Smooth Operator and Usher make you want to leave the one you with. It hurts because for another woman to purposely hurt another woman is horrible, especially at the workplace. I’ve been with this company for 25 years. I never experienced this type of disrespect in the workplace. I called off sick on 9/18 and 9/19 because I was sick to my stomach, I couldn’t sleep, worried sick…Thank you for looking into this matter. [sic]”

Notwithstanding this complaint, no investigations were conducted, no corrective action was taken, and no disciplinary action was given. On the contrary, Complainant was subjected to further hostility as described herein. 

As also alleged in the verified complaint, on or around October 10, 2025, Ferriolo said out loud in front of several employees, including Frisa, Chen, and Complainant, “I read her statement, and it’s baseless, and she has no evidence. It’s bogus and stupid.” Supervisor Maryanne Portesy said, “Sometimes when an employee leaves a position and goes to another department, sometimes their access to programs isn’t revoked.  It gets overlooked by management.  We had one of those employees today where we had to revoke access to certain things.” 

As further alleged in the verified complaint, on October 16, 2025, Complainant complained to union representative John Murray (“Murray”), human resources business partner director Claudia McCravey (“McCravey”), and Ackiam generally: 

“Denielle Frisa looked at my husband’s photo, and that’s when Denielle Frisa said I know him, I know him. I never forget a face, especially a face like that. He’s having an affair with my friend Kelly, Kelly Dempsey, to Angella McGregor, who said to me, since it seems like both you and Denielle are unhappy, maybe you two should hook up. I said no thanks, I’m good with what I have at home. Denielle said that’s unfortunate. At least I’m honest.  All I wanted was the rumors about me and my husband having affairs, on me and the disdain looks to stop. I shouldn’t have to sit there and endure this type of treatment. I complained to Diversity Jessica Cooke about Angella McGregor and about her being able to pull up my husband’s picture on the pass office security system as an unauthorized user. I fear for my job. I submitted a statement about it, and Kaitlin said read my statement and that it’s baseless and that I have no evidence, and that it’s bogus and stupid. I’m sick with worry for my job, I can’t eat, I can’t sleep, I’m losing weight, I feel like an outcast, I’m calling my husband, and I’m upset and angry with the whole situation. I’m crying during my lunch break. I rather be transferred upstairs to the 2^nd floor, completely away from all of this.  Away from the rumors and taunting and agonizing.”

Murray replied: 

The Pass Office Security Data Base, a program that Angella McGregor probably had access to when she was across the street in the Controller’s Office, when she left that dept they never took her access away. I don’t know why they never took Angella’s access away; it’s a program where Crew Dispatcher Supervisors can look at employees’ photos on their transportation passes, as well as the family members that have transportation passes. She can access everyone and everyone’s family member with that access, and I do not know why it was never revoked.

Notwithstanding these complaints, no investigations were conducted, no corrective action was taken, and no disciplinary action was given. On the contrary, Complainant remains employed with the same hostile work environment described herein and suffers ongoing damages as a result. 

If you or someone you know is suffering at work, contact The Law Office of David H. Rosenberg, P.C. 

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