Notice Of Claim For National Origin/Age Discrimination And Retaliation Against The MTA

In June 2024, the Firm filed a notice of claim pursuant to General Municipalities Law Section 50 on behalf of a Metropolitan Transportation Authority (“MTA”) male employee, over the age of 40, and of National Origin (“Claimant”), against the MTA for national origin/age discrimination and retaliation.

As alleged in the Notice of Claim:

Claimant typically reported to work at 2 Broadway, New York, New York 10007 (“Premises”). There, Claimant suffered discrimination on account of his Russian national origin, age, and retaliation for engaging in the protected activity of opposing discriminatory practices.

In or around January 2023, MTA Chief Technology Officer Rafail Portnoy (“Portnoy”, of Russian national origin) said generally to Claimant, “Russians talk differently. In America, people don’t want to have a direct communications approach”. Claimant opposed the treatment and said generally that his English was fine. 

In or around February 2023, Manager of Employee Relations Rich Watson (“Watson,” non-Russian) said generally to Claimant, “I have problems working with you. [Claimant] your working style is different and people have problems with that.” 

In or around February 2023, Claimant generally complained to Portnoy, “Rich [Watson] is picking on me. He doesn’t like the way I work because of my Russian accent.”

In or around March 2023, Portnoy told Claimant generally, “[Claimant] you need to talk differently to fit into the American culture.”

In or around March 2023, Portnoy told Claimant generally, “At MTA people like to talk slowly.” On or around March 21, 2023, Portnoy told Claimant generally, “People at the MTA don’t work as hard as you and you need to change. People at MTA are slow and not intelligent, so you have to lower your expectations and standards.”

On or around March 28, 2023, Portnoy told Claimant generally, “[Claimant]  don’t work like you work for a Russian company, MTA employees don’t work hard.”

On or around April 4, 2023, Portnoy told Claimant generally, “Rich and Patrick said since you are Russian, why does he work so hard?”

On or around April 10, 2023, Watson told Claimant generally, “You and Raf figure this out as two Russian guys.”

On or around May 2023, MTA Senior Director of Human Resources Giglia Moldova (“Moldova”, non-Russian) and Watson told Claimant generally that his salary was “too high”. Other non-Russian employees, and those who did not oppose discriminatory practices, were not treated this way.

In or around June 2023, Moldova and Watson told Claimant generally, “You are too young for the level of management.”

On or around June 15, 2023, Portnoy told Claimant generally, “Again you need to change and be soft with your Russian tone, direct communication, and non-Russian people have strong personalities and Americans don’t understand.”

On or around July 15, 2023, Portnoy told Claimant generally, “[Claimant] you are working like we are in Russia, people at MTA are slow and not intelligent, so you have to lower your expectations and standards.”

On or around August 11, 2023, Portnoy told Claimant generally, “Rich has problems with your personality and that you should be talking differently and started an investigation. Patrick and Rich are concerned with your Russian accent.”

On or about October 1, 2023, Portnoy told Claimant generally, “Take another class to change your accent and the tone, sign me up for a class for Russian bi-lingual communication language, MTA will pay.” 

On or about October 18, 2023, Moldova told Claimant generally, “You make too much for your age and you have this approval because you are Russian.” 

Watson told Claimant generally, “You earn more than us, and you Russian guys should not be receiving salary increases.”

On or about October 27, 2023, Portnoy told Claimant generally, “You need to be soft with your Russian tone. Russian people have strong personalities and Americans don’t understand.”

On or around November 28, 2023, Portnoy told Claimant generally, “You need to learn how to not talk like Russian and use the American language.”

On or around December 1, 2023, Watson said to Portnoy and Claimant generally, “You are being favored and you talk too loud with the accent.”

On or around December 4, 2023, Portnoy told Claimant generally, “You are Russian and need to change the way you speak.”

On or around December 14, 2023, Portnoy issued Claimant a negative letter of corrective action and told Claimant generally, “You need to change your personality. Russians have strong characters and Rich Watson and Patrick Smith don’t like it and have issues. An investigation was conducted without interviewing the subjects and management. Rich has strong issues with your Russian accent and culture.”

On or around December 15, 2023, Portnoy told Claimant generally, “People just don’t understand your culture. Rich Watson and Patrick Smith said you are too young and earn too much for my age. That I need to learn a lesson to talk differently to fit in the company. Two years will teach me a lesson and learn how to change.”

On or around December 16, 2023, Claimant complained generally to MTA Chief Administrative Officer Lisette Camilo (“Camilo”, non-Russian) and MTA Chief of Staff Laura Willes (“Willes”, non-Russian), “Rich and Raf have been harassing me and targeting me because of my Russian ethnicity and age.” Willes said that she would “discuss” the matter with Camilo. However, no investigation was conducted, no corrective action was taken, and no disciplinary action was given. On the contrary, Claimant continued to be subjected to the same hostile work environment on account of national origin, age, and in retaliation of his opposition to it.

On or around December 20, 2023, Claimant filed an internal MTA Equal Employment Opportunity (“EEO”) claim of national origin and age discrimination with MTA EEO Officer Roslyn Green, with the case being assigned to MTA Officer Michelle Thompson (“Thompson”, non-Russian).

On or around January 11, 2024, Portnoy told Claimant generally, “You must enroll in a class to change your Russian accent, it was recommended by Patrick Smith.”

On or around February 6, 2024, Portnoy told Claimant generally, “Take a class on American communication.” 

On or around February 23, 2024, Portnoy told Claimant generally, “I contacted Lisette and Anita to discuss your actions; however, they don’t want to deal with your Russian culture and communications.”

On or around March 15, 2024, Assistant Deputy Chief Diversity Officer David Sang and Thompson told Claimant generally, “We will not investigate your national origin and age discrimination claims. There is no case against your age and ethnicity.” Thompson said, “We do not handle cases like this.”

On April 10, 2024, Claimant filed an Equal Employment Opportunity Charge of Discrimination alleging national origin discrimination and retaliation.

On April 15, 2024, Portnoy told Claimant generally, “Patrick, Lisette, and Anita strongly believe that MTA culture is not for you and you need to be softer on communication.”

On April 17, 2024, Portnoy terminated Claimant on account of national origin, age, and in retaliation.