Probable Cause Against JETBLUE/Sexual harassment, Gender Discrimination, and Retaliation
May 6, 2021
The Law Office of David H. Rosenberg Files Negligence Claim Against Holiday Inn Hotel
May 27, 2021
The New York State Division of Human Rights
Case No. 10207582/Federal Charge No. 16GC002654
Discriminatory practices relating to employment
On March 11, 2020, The Law Office of David H. Rosenberg, P.C. filed the aforementioned administrative action with The New York State Division of Human Rights (“NYSDHR”) on behalf of a female employee Complainant (“Complainant”) against Asphalt Green, Inc. (“Asphalt”), Asphalt supervisor, Ramesh Deokaran (“Deokaran”), Asphalt engineer, Malek Benlalam (“Benlalam”), Paul Gurley (“Gurley”), and Asphalt’s director of human resources, Jean Yoa- Reese, (“Yoa-Reese” and all together as “Respondents”), for unlawful discriminatory practices relating to employment because of sex, race/color and retaliation for opposition to said practices of N.Y. Exec. Law, art. 15.
On July 22, 2020, Asphalt argued that Complainant should have been terminated because of “performance issues”. To this point, Asphalt argued Complainant dropped two $500 radios into toilets, lost 2 sets of keys for the entire campus, and didn’t turn off a critical pool valve.
Asphalt also argued that “such allegations are without merit” and “just because Complainant alleges something occurred does not mean that it did occur or that Complainant is more credible that anyone else.”
Probable cause determination in employee’s favor
The Law Office of David H. Rosenberg successfully argued that such proferred excuses were a pretext and achieved a PROBABLE CAUSE determination in Complainant’s favor against Respondents from the NYSDHR who determined that:
it is acknowledged that sexual harassment often occurs in private but give the contemporaneous corroboration and the seriousness of the allegations within, Complainant has met her burden at this juncture. Moreover, Respondent’s warning letter to Benlalam where it says, “We find you credible that this did not happen,” may be supportive of Complainant’s belief that she was in an environment where her complaints of sexual harassment were fruitless.
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.
