America’s School Of Heroes Middle School Sued For Age Discrimination And Retaliation
July 29, 2024
NYSDHR Case No. 10224754/Federal Charge No. 16GC303127
Despite strong denials and accusations that Complainant willfully engaged in the alleged sexual harassment herself willingly, the New York State Division of Human Rights (NYSDHR) agreed with the Law Office of David H. Rosenberg P.C. (Firm) on August 22, 2024 in stating that “PROBABLE CAUSE exists to believe that the Respondents have engaged in or engaging in the unlawful discriminatory practice complained of” (PC Determination).
Because of the Firm’s vigorous prosecution of these claims, Respondent Pesce admitted to the Division “that Complainant complained to him about the sexual harassment” and “did not take any corrective action against Respondent Delgado.” Instead, “Complainant was forced to continue working alongside her alleged sexual harasser.”
The Division specifically noted that “Respondent admitted that they had video surveillance footage of the date and time that the alleged sexual harassment incident occurred and failed to preserve the evidence, instead claiming that “the footage was reviewed and there was no sign of anything described in any video footage.”
In addition, the Division noted that “witness Alicia Tedesco confirms that the work environment where it was customary for the men to make inappropriate comments about the younger females’ bodies and ages, which made her feel uncomfortable. The witness also stated an awareness of Complainant’s sexual harassment complaint and opined that it was not taken very seriously.”
This witness stated that “she was employed at Red Volpe Pizza and worked there for about 1 year until August 2023” and “described herself as being a younger girl working with grown men that were inappropriate and said inappropriate things.” According to the PC determination, “They made comments about her body and her age, especially after she turned 18.”
Indeed, the Division concluded, “This matter should proceed to [a] public hearing. Probable cause to believe that unlawful discrimination occurred exists when, after giving credence to the Complainant’s version of the facts, some evidence of discrimination exists. A complaint may not be dismissed for lack of probable cause unless the facts revealed generate conviction in and persuade a fair and detached fact finder that there is no substance in the complaint.”
