Probable Cause Determination Against Asphalt Green Inc., Again
February 25, 2025
On October 27, 2023, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a Verified Complaint of race/color discrimination and retaliation on behalf of its male Hispanic client (“Complainant”) with the New York State Division of Human Rights (“Division”) against Baldor Specialty Foods, Keenan Jusufi, Sheila Rivera, and Catherine Jones
In the Verified Complaint, Complainant alleged, inter alia, that he physically diffused a fight between two Hispanic employees who belonged to rival Dominican gangs on or around July 15, 2023, one armed with a knife and the other a wooden baseball bat. As a result of the gang fight, blood splattered onto Complainant’s jeans, boots, and person. Complainant immediately reported the gang assault to Jusufi, who refused to call the police or take any action.
As alleged in the Verified Complaint, recently terminated employee Jimmy Mack (“Mack”) still possessed his badge ID permitting access to the Premises on or around August 15, 2023. While illegally trespassing at the Premises, Mack brandished a silver pistol to Complainant, who reported the incident to Rivera, who refused to call the police.
As also alleged in the Verified Complaint, Complainant diffused a knife fight between two Hispanic employees on or around September 6, 2023, and reported it to Rivera, who again refused to call the police.
In response, the Respondents argued that Complainant could have called the police himself, never explained why he did not, and that Complainant never complained of race/color discrimination during his employment.
However, the Firm fought back, arguing to the Division that there was no admissible evidence supporting Respondents’ contentions and that the record showed Complainant did indeed complain during his employment.
On February 6, 2025, the Division seemed to agree in its probable cause determination issued in favor of Complainant against Respondents, writing:
“Complainant stated that he verbally complained to Jones of discrimination and that she took shorthanded dictation in her black notepad but she failed to submit this to the Division”
In rejecting Respondents’ argument that there was nothing to suggest race/color discrimination, the Division wrote:
“There are material issues of fact and credibility involved which are best resolved at a public hearing before an administrative law judge, where testimony is taken under oath, witnesses are subject to cross-examination and a full record is made. These issues include but are not limited to whether Complainant was subjected to derogatory remarks related to his accent or English speaking abilities by Krenar Jusufi; whether such remarks subjected the Complainant race discrimination; whether Complainant complained to Catherine Jones that he felt discriminated against by Krenar Jusufi; whether Ms. Jones failed to investigate his claims and take remedial action; whether Complainant was offered the opportunity to apply and interview for the Sr. Regional Security Manager role — a role similar to his; whether Complainant was subjected to retaliation, by way of termination, due to his complaint of discrimination; and whether such actions constitute discrimination based on race/color, and opposed discrimination/retaliation.”
If you or someone you know is suffering at work, contact the Firm at (516) 741-0300.
The information and allegations cited to herein comes directly from publicly filed documentation and are meant as a means of attorney advertising.
