Probable Cause Achieved Against Against PSCG OPTIC in Gender, Marital Status, Familial Status, and Disability Discrimination & Retaliation Case
December 9, 2021
Disability Discrimination case filed against Pfizer Inc., Biohaven Pharmaceuticals, and Nickolas Haronitis.
January 15, 2023
Sex/Gender Identity Discrimination
On March 11, 2022, The Law Office of David H. Rosenberg, P.C. (“Firm”) filed a Verified Complaint of sex/gender identity discrimination with the New York State Division of Human Rights (“NYSDHR”) on behalf of a transgendered minor student of W.H. Maxwell Career and Technical Education High School (“W.H. Maxwell High School”), against the New York City Department of Education (“DOE”).
Hostile Environment
As alleged in the Verified Complaint, the minor transgendered Complainant was subjected to a hostile educational environment on account of sex/gender identity. This included being called a “Dumb Tranny Bitch”; “waste of sperm”; and “U should have been left on a tissue.” After reporting it to the DOE, the minor Complainant was retaliated against and physically beaten.
Even though the assault was caught on video, the attacker was arrested, and a stay away order of protection granted in Complainant’s favor: The DOE blamed the transgendered minor Complainant for being assaulted on video. To this point, the DOE submitted the attached Position Statement to the NYSDHR alleging “the only contemporaneous motivation articulated for the assault is not M.B.’s sex or gender identity or expression—but rather in response to a threat M.B. made to D.G. in an earlier “groupchat” [sic] exchange.”] (Position Statement, pg. 5) The minor transgendered Complainant never issued any threats, and this false accusation was levied in further retaliation.
DOE’s Position Statement
To avoid being publicly called out for these blatant transphobic practices, the attorney for the DOE refused to put their name(s) on the DOE’s position statement and refused to sign it. “This is highly irregular; I have never seen a Respondent’s legal position statement submitted to the New York State Division of Human Rights by a licensed New York State attorney without at least said attorney’s name and signature before. I have full and complete confidence that the NYSDHR will investigate this fully and look forward to the outcome,” said civil rights lawyer David H. Rosenberg of Melville.
