Sex Discrimination Complaint Filed Against OnPoint Pharmacy

In May 2024, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a verified complaint of sex discrimination and retaliation with the New York State Division of Human Rights (“NYSDHR”), on behalf of the Firm’s male client, against  SRX Pharmacy New York LLC d/b/a OnPoint Pharmacy (“OnPoint Pharmacy”), female director of pharmacy operations Luna Hai (“Hai”), female human resources director Rebecca Altarescu (“Altarescu”), female human resources director Andriana Xenophontos (“Xenophontos”), and female pharmacy technician Annalisa Singh (“Singh”).

As alleged in the Verified Complaint, Singh would typically speak to Complainant, a male delivery driver earning $47,000 per year, in a condescending way and tell Complainant to go home before his shift was over. When Complainant would say hello or goodbye, Singh would typically scoff and ignore him verbalizing no response. Other non-male employees were not treated this way.

On or around December 8, 2023, Complainant said to Singh generally, “Can you please help me input this patient’s insurance information and show me how the system works?” Singh forcefully removed the paperwork from Complainant’s hands, rolled her eyes, and said, “No, stay away from me.” Other non-male employees were not treated this way.

On or around December 13, 2023, Singh repeatedly told Complainant, “Go home, just go home” at or around 3 p.m., a full 3 hours before the end of his shift. Other non-male employees were not treated this way. On January 4, 2024, Complainant emailed Altarescu:

Hi Rebecca hope [sic] your day is well. I just wanted to tell you on record that I’m feeling like negative vibes towards Anna. She just has this attitude towards me for some reason and I’m not sure why. She’ll just say things like there’s no more deliveries you can go home and it’s like 3 o’clock pm, she’ll say excuse me in a rude tone when I didn’t even know she wanted to leave through the little door to get out from pharmacy, and when I asked her to update a patience insurance [sic] she like rolled her eyes at me and grabbed the card and didn’t say anything. And I say to her goodnight tonight just now as I was leaving for my last deliveries [sic] I said goodnight she ignored me and I said it again just in case she didn’t hear me and she said uh ha. This been going on for a couple weeks now I really don’t like to complain about other employees. I try to see how it goes to see if she’ll change but she didn’t. I got everyone nice Christmas gifts I never exclude her in anything I say or do. I don’t wanna [sic] cause any drama in the work area because I know we are a team but she’s not being a team player towards me. Maybe you can say 1 of the employees brought it up to you and say it wasn’t me that said anything because I don’t want it to get any worse than it already is. Thank you so much! Have a great night.

Notwithstanding Complainant’s opposition to discriminatory practices, no investigation was conducted, no disciplinary action was given, and no corrective action was taken. On the contrary, Complainant was retaliated for engaging in the protected activity of opposing discriminatory practices.

On or around January 8, 2024, Singh forcefully threw several prescription bottles toward Complainant making contact with his hands. On or around January 10, 2024, Hai told Complainant generally, “I want you to come with me now to have a meeting about Anna about what she has been doing to you.” At the meeting with Singh, Hai, and Xenophontos, Complainant said words to the effect of:

Anna has hit my hand with prescription pill bottles that she threw at me. She ignores me when I say hello, when I say goodbye, when I say goodnight, and she is condescending and rude to me every day. Anna refused to show me how to enter in the patient insurance information into the system and tells me to just go home hours before my shift ends making it clear that she does not like me and she does not treat the other girls like this, just me. I just want it all to stop.

After hearing Complainant’s complaint, Hai turned to Singh and said, “We are a team, we need to communicate friendly to each other.” Hai then turned to Xenophontos and said generally, “Keep an eye on things.” Xenophontos responded, “Ok, I will.” Hai then turned to Singh and asked, “Anna, do you understand” to which replied in a dramatically sarcastic tone, “Yeah.” Indeed, Xenophontos did not “keep an eye on things” and the retaliation intensified.

On or around January 17, 2024, Singh told Complainant, “Do not come near me.” Complainant replied, “Ana, this is a small area and I have to wait here for the deliveries” to which Singh replied angrily, “Get up anyway.” Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around January 17, 2024, Singh told Complainant, “Do not come near me,”. Complainant replied, “Ana, this is a small area and I have to wait here for the deliveries” to which Singh replied angrily, “Get up anyway.”

On or around January 22, 2024, Singh would typically bump into Complainant’s person several times causing him minor discomfort without apologizing. Complainant would typically say, “Excuse me” after being bumped to which Singh would feign ignorance and reply with words to the effect of, “What’s wrong” and “Did I do something” facetiously. Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.

On or around February 23, 2024, Xenophontos said to Singh in a voice loud enough for Complainant to hear words to the effect of, “He really shouldn’t be here.” Singh replied generally, “Well hopefully he just quits the way I treat him” and then they both laughed. Other non-male employees, and those who did not oppose discriminatory practices, were not treated this way.

On March 1, 2024, Complainant was terminated on account of sex and in retaliation. Complainant suffered, and continues to suffer, emotional and economic damages as a result of the discriminatory and retaliatory treatment described herein.