Probable Cause Of Sex Discrimination And Retaliation Against Blue Sky Hospitality Solutions, Azam Ali, And Daniel Nerebecki

NYSDHR No. #10235128

On 3/1/2024, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a verified complaint with the New York State Division of Human Rights (“Division”), on behalf of a male Complainant, charging Blue Sky Hospitality Solutions LLC (“Blue Sky”), Azam Ali (“Ali”), and Daniel Nerebecki (“Nerebecki” and all together as “Respondents”), with “unlawful discriminatory practices relating to employment because of sex, opposed discrimination/retaliation in violation of N.Y. Exec. Law, art. 15 (“Human Rights Law”).”

In response, Blue Sky director of Human Resources, Rabia Mehboob (“Mehboob”), told the Division, “The complaint is replete with false, irrelevant, incomplete and misleading information that offers no probative evidence of the claims alleged”; that the allegations “bear little resemblance to the reality of Complainant’s employment with Blue Sky”; and that Complainant failed to “adequately perform his duties”, and possess “basic job responsibilities.”

Mehboob described the sex discrimination allegations to the Division as “not only unsupported, but his theories of discrimination and retaliation are nonsensical” and further described the sex discrimination/retaliation claims as a “weak and improper ex post facto attempt to repackage and reimagine the facts giving rise to Complaint’s termination under a theory of discrimination/retaliation.” 

Mehboob gave a scathing review of Complainant, writing to the Division that  “Complainant was a non-performer” who: “(i) failed to follow up and report back on critical matters requiring urgent attention, ii) failed to properly manage time and workload, iii) after repeated requests, failed to create a monthly reoccurring vendors list comprising of approximately 10 names, (iv) needed constant reminders to print 1 document, and (v) needed constant reminders to correct errors.”

Mehboob argued to the Division that “Blue Sky, through Ali, terminated Complainant’s employment because of unsatisfactory work performance. Blue Sky’s reasoning was legitimate and driven only by business needs,” and that the Verified Complaint should be dismissed entirely. 

But the Firm fought back by arguing vigorously on behalf of Complainant, and succeeded in having the Division issue a PROBABLE CAUSE determination “to believe that Respondents have engaged in or are engaging in the unlawful discriminatory practice complained of” and further recommended that pursuant to the Human Rights Law, “This complaint should proceed to public hearing.”

The Division wrote: 

“Documents provided by the Respondent at the request of the Division notes three staff have made reports against Respondent Ali. A report of a complaint filed with the Respondent made by Averill Stewart an Accounting Manager against Respondent Ali in which he stated to her that he wished she was an abortion and that if she was his he would have aborted her, and that statement was made in the presence of the entire accounting team and after she was called that name jokingly by her other colleagues. Ms. Stewart also names eight (8) witnesses. After the investigation, the Director of Human Resources informed Ms. Stewart that the allegation was partially substantiated and that it appears that the comment was made in a joking manner. The Respondent stated that their corrective action against Respondent Ali was to have a discussion with him, sensitivity training, monitoring and they changed who she would be reporting to. A report of a complaint filed with Respondent made by Erin Kowaleski against Respondent Ali who utilized inappropriate language with her specifically the “F” word. After the investigation, the Director of Human Resources informed Ms. Kowaleski that the only witness was Ciara who confirmed that Respondent Ali utilized that language and after speaking with Respondent Ali who denied making the statement they lacked sufficient evidence to verify the truth. An additional employee Jonathan Perez filed a Complaint in New York State Supreme Court against the Respondent, Respondent Ali, and others. The summons states in sum and substance that Respondent Ali sexually harassed him repeatedly in certain occasions asking if he ever been to an orgy and that Respondent Ali told him, “I need to get you started in a sex party.” Mr. Perez repeatedly reported Respondent’s Ali behavior to which the Respondent on two (2) occasions raised his yearly salary and additional $5000 each time but never investigated or took any other action to stop Respondent Ali’s behavior and eventually terminated Mr. Perez.”

The Division also wrote that: 

“The Division investigation further revealed there were three (3) additional complaints filed against Respondent Ali with allegations that fall under the Human Rights Law. Averill Stewart, Accounting Manager alleged Respondent Ali stated to her he, “wished she was an abortion”, and “if she was his, he would have aborted her”, in the presence of the entire accounting team. After the investigation, the HR Director informed Ms. Stewart her allegation was partially substantiated, but that it appeared the comment was made in a joking manner. Respondent stated the corrective action against Respondent Ali was to have a discussion with him and to give him sensitivity training and monitoring. Respondent also changed who Ms. Stewart reported to. Erin Kowaleski also filed a complaint against Respondent Ali alleging he used inappropriate language with her specifically the “F” word. After the investigation, the HR Director informed Ms. Kowaleski the only witness was Ciara, who confirmed Respondent Ali did in fact use that language, however, after speaking with Respondent Ali, who denied making the statements, they lacked sufficient evidence to verify the truth. Finally, employee Jonathan Perez filed a Complaint in NYS Supreme Court against the Respondent, Respondent Ali and others. The summons states in sum and substance that Respondent Ali sexually harassed him repeatedly including but not limited to on certain occasions asking if he ever been to an orgy; and that Respondent Ali told him, “I need to get you started in a sex party.”

The Division then recommended that the Verified Complaint “proceed to public hearing”. 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 to herein comes directly from publicly filed documentation and are meant as a means of attorney advertising.