On April 19, 2021, The Law Office of David H. Rosenberg, P.C. filed the aforementioned administrative action with the New York State Division of Human Rights (“DHR”) on behalf of a single mother Complainant (“Complainant”) who had alleged that she was discriminated against by her employer, PSCG Optics DBA: Sachem Eye Care, Sachem Optics Inc., P.S.C.G. Optics Inc. (“PSCG”), and supervisor, Brenda Popovski (“Popovski” and all together as “Respondents”), because of sex, national origin, race/color and retaliation for opposition to said practices in violation of N.Y. Exec. Law, art. 15 (“Human Rights Law”).
On May 24, 2021, PSCG wrote to the Division that Complainant’s “chronic tardiness and gross insubordination represent legitimate business reasons for the Practice to terminate her employment.” To this point, PSCG argued that Complainant “declined to return because she preferred to continue collecting unemployment and stimulus money” during the Covid-19 pandemic.
However, The Law Office of David H. Rosenberg, P.C. vigorously argued that Respondents were liable pursuant to section 296 of the New York State Human Rights Law. The Division seemed to agree stating,
The investigation revealed complainant was consistent in explaining how and when she was subject to, what she perceived. As discriminatory comments made against her by Ms. Brenda Popovski on the basis of her pregnancy, familial, and/or marital status. The record shoed through statements made by the complainant and the parties text messages and emails, she [Complainant] received unwelcomed comments from Ms. Popovski dating back to 2018 through her termination in December of 2020.
The Law Office of David H. Rosenberg also successfully argued that such offered excuses were a pretext and achieved a PROBABLE CAUSE determination in Complainant’s favor against Respondents. If you, or someone you know, is suffering at work, please contact The Law Office of David H. Rosenberg, P.C., and call (516) 741-0300 for a free and confidential case review. Problems at work are no problem for us.