The New York State Division of Human Rights Case No. 10206979/Federal Charge No. 16GC002209
Re: Sexual harassment discrimination and retaliation against Solve(d), A Member of the Global FCB Health Network, FCB Health, and Lee Powell – PROBABLE CAUSE Determination
On January 23 2020, The Law Office of David H. Rosenberg, P.C. filed the aforementioned administrative action with the New York State Division of Human Rights (“DHR”) on behalf of a female employee (“Complainant”) who had alleged that she was discriminated against by her employer, Solve(d), A member of the Global FCB Health Network, FCB Health (“Solve(d)”), and supervisor, Lee Powell (“Powell” and all together as “Respondents”), because of gender/sex discrimination and retaliation for opposition to said practices in violation of N.Y. Exec. Law, art. 15 (“Human Rights Law”).
On September 4, 2020, Respondents argued to the Division that the Complainant should have been terminated because she was “not managing the team efficiently and had unreasonable expectations for deadlines.” Respondents badmouthed Complainant as “loud and raised her voice when speaking to others inappropriately”; having “failed to timely comply with the more logistical requirements of the job”; and in “blatant violation of Company policy by disclosing confidential information of a client”.
The Law Office of David H. Rosenberg successfully argued that such preferred excuses were nothing more than a pretext and achieved a PROBABLE CAUSE determination in Complainant’s favor against Respondents from the NYSDHR who determined that:
[T]here is an issue of fact surrounding Complainant’s claim that on September 20, 2019, she reported to Human Resources Director Lisa Park that she was subjected to sexual harassment/gender discrimination by Respondent Powell. If true, this also raises a question of whether retaliatory animus factored into Respondents’ decision to terminated her employment. Based on the foregoing this case is recommended for a public hearing.
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