The Sanders Firm, P.C. | New York Civil Rights Lawyer https://www.thesandersfirmpc.com New York Civil Rights Lawyer Fighting For the People Wed, 13 Nov 2019 10:13:14 +0000 en-US hourly 1 https://wordpress.org/?v=5.3 White Female NYPD Cop Racially Harassed Files Suit https://www.thesandersfirmpc.com/white-female-nypd-cop-racially-harassed-files-suit/ Tue, 12 Nov 2019 10:06:47 +0000 https://www.thesandersfirmpc.com/?p=11811 Continue reading "White Female NYPD Cop Racially Harassed Files Suit"

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FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a federal lawsuit alleging that Police Officer Vanessa Weinbel was racially and sexually harassed by Lieutenant Rasheena S. Huffman her direct supervisor which was covered up

NEW YORK, November 12, 2019 – Today, after several years of racial and sexual harassment, NYPD Police Officer Vanessa Weinbel filed a federal lawsuit to suing the City of New York, Lieutenant Rasheena S. Huffman and several other supervisors for violating her civil rights.

Vanessa Weinbel, self identifies as a Caucasian female.

Ms. Weinbel alleges that on or about July 1, 2016, while working inside of Police Service Area No.: 9, in the Roll Call Office, her direct supervisor Lieutenant Rasheena S. Huffman (African-American) told her, she looks like a ‘Kardashian Chic’ and that’s why Black men like her.

According to the lawsuit, that from on or about July 1, 2016, through May 1, 2018, almost daily Huffman subjected her to similar racially and sexually offensive comments.

In one incident, according to the lawsuit, Huffman told Weinbel, “A White man stabbed a Black person just for being black and the only thing they hate worse than Black people are interracial relationships. They’re tired of seeing Black men with white women. So, you should consider yourself lucky because you probably would’ve been shot up first.”

In other incidents, Huffman told Weinbell, that: Black men date White women because they’re submissive, Black men date White women because they’ll remain loyal even if beaten and Black men date White women because they’ll remain loyal even if cheated upon.

Weinbel alleges, that from on or about September 1, 2017, through May 1, 2018, despite filing a complaint with the NYPD Office of Equity and Inclusion almost daily Huffman subjected her to similar racially and sexually offensive comments.

“Today, Ms. Weinbel filed a federal lawsuit to sue after several years of inaction regarding her civil rights. Her civil rights are no less important because she’s Caucasian. The Department, Huffman and the other actors must be held ‘legally accountable’ for their actions,’” said lawyer Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal lawsuit in the United States District Court for the Eastern District of New York Docket No.: 19 cv 6386, on November 12, 2019.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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NYPD Settles ‘Threesome’ Sexual Harassment Lawsuit https://www.thesandersfirmpc.com/nypd-settles-threesome-sexual-harassment-lawsuit/ Thu, 22 Aug 2019 09:36:33 +0000 https://www.thesandersfirmpc.com/?p=11806 Continue reading "NYPD Settles ‘Threesome’ Sexual Harassment Lawsuit"

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FOR IMMEDIATE RELEASE

Eric Sanders, Esq., of The Sanders Firm, P.C., announces the NYPD settles ‘threesome’ sexual harassment lawsuit for $125k

New York, August 22, 2019 – The city has agreed to pay $125,000 to settle a federal lawsuit by NYPD Police Officer Maribel Sarante who claimed her direct supervisor Sergeant Freddy Lopez tried to get her to participate in a threesome, then penalized her when she turned down his sexual advances.

Police Officer Maribel Sarante, 7th Precinct alleged since early 2015, her direct supervisor Sergeant Freddy Lopez made several inappropriate sexual remarks and advances towards her including: inviting her to engage in a threesome with him, his wife gives him no ass, Sarante gets no dick, I would’ve taken care of you if you drove me, etc., according to the lawsuit.

Sarante alleged, the NYPD is fully aware female subordinates’ accusing their supervisors of sexual harassment is a very serious problem especially in the ranks of Sergeant and above but, they are rarely if ever disciplined. Within the NYPD, this is known as ‘Supervisor Immunity,’ according to the lawsuit. Sarante, alleges, the NYPD Office of Equal Employment Opportunity and Internal Affairs Bureau specifically investigate cases to reach the result of ‘Supervisor Immunity’ with a ‘substantiation’ rate of less than 10% due to gender bias. The NYPD then use ‘Supervisor Immunity’ and the ‘substantiation’ rate to promote unqualified employees such Lopez, who then further ‘prey’ upon other female employees, according to the lawsuit.

Over the years, Sarante alleged Lopez made inappropriate sexual remarks and advances towards other female officers including on another occasion, he ordered Police Officer Sherice Smiling to go upstairs to the female locker room and tell Police Officer Erica Rivera to “stop playing with her pussy and report to the Desk.”

According to the lawsuit, in response to Sarante’s rejection, Lopez and other police supervisors would change her assignments, fail to notify her about changes in assignments, ultimately re-assigning her to work the late tours to make her workplace intolerable. Additionally, Lopez and Police Officer Jennifer Kielb (Lopez’s paramour) began making false allegations against Sarante in an attempt to have her arrested, suspended and transferred.

“Unfortunately, sexual harassment, other forms of discrimination, retaliation and ‘supervisor immunity’ are commonplace within the NYPD. Officer Sarante is to be commended for exposing this boorish behavior in the workplace,” says Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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New York Daily News

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Ex-NYPD Cop: I was sexually abused, raped by cops in her Harlem precinct https://www.thesandersfirmpc.com/ex-nypd-cop-i-was-sexually-abused-raped-by-cops-in-her-harlem-precinct/ Mon, 15 Jul 2019 13:16:00 +0000 https://www.thesandersfirmpc.com/?p=11788 Continue reading "Ex-NYPD Cop: I was sexually abused, raped by cops in her Harlem precinct"

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FOR IMMEDIATE RELEASE

Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a Notice of Claim and Charge of Discrimination against the City of New York, Lieutenant Filastin Srour, Sergeant Wilson Ramos, Police Officers Ryan Marrero, Jimmy Gutierres and Michael Ganz, and FDNY EMT Evan Santana

New York, July 15, 2019 – Former Police Officer Maria Mendez alleges that she was assigned to the 32nd Precinct. According to the claim, Mendez alleges that from Early 2006 through January 28, 2019, while on and off-duty in and around the confines of the 32nd Precinct and other parts of the City of New York, she endured endless sexually offensive comments, physical and sexual assaults from colleagues and supervisors including a FDNY EMT.

Mendez claims that from June 1, 2014 through January 28, 2019, while on and off-duty in and around the confines of the 32nd Precinct and other parts of the City of New York, upon return from maternity leave recovering from a cesarean section delivery, Police Officers Ryan Marrero, Jimmy Gutierres and Michael Ganz and FDNY EMT Evan Santana plied her with alcohol, stolen opioids (Oxycodone, Percocet) and MDMA aka Molly which they sold to her, then under physical and psychological threat, force her to perform deviant sexual acts including anal, oral and vaginal sex inside of department facilities, vehicles and other locations.

According to the claim, Mendez alleges that throughout the aforesaid time period, Police Officers Ryan Marrero, Jimmy Gutierres and Michael Ganz and FDNY EMT Evan Santana’s actions caused her to sustain numerous serious physical injuries including bruises, concussions, physical deformities to her vagina and anus and emotional distress.

Mendez claims that from Early 2006 through January 28, 2019, she reported the endless sexually offensive comments, physical and sexual assaults to several supervisors including Lieutenant Filastin Srour and Sergeant Wilson Ramos but, each failed to take appropriate action consistent with department policy.

Finally, on January 18, Mendez started taking back her life. After meeting at a Queens hotel, her former partner beat her and choked her until she was unconscious, Mendez said. When he left the hotel room, she broke down crying and called her husband.

Mendez resigned from the department the next day, asking a relative who is a state trooper to go with her to the 32nd Precinct to retrieve her personal property.

“Police officers are people just like everybody else,” Sanders said. “There is no way to predict how she could have responded, as with all victims of abuse. Whether you are a police officer or not, you can become a victim of an abuser and not see it happening until it’s too late, says Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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Notice of Claim

New York Daily News

New York Post

Oxygen

Daily Mail

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Mount Vernon Cop Claims ‘Forced’ Her to Perform Sex Act https://www.thesandersfirmpc.com/mount-vernon-cop-claims-forced-her-to-perform-sex-act/ Thu, 13 Jun 2019 12:17:44 +0000 https://www.thesandersfirmpc.com/?p=11783 Continue reading "Mount Vernon Cop Claims ‘Forced’ Her to Perform Sex Act"

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FOR IMMEDIATE RELEASE

Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a Notice of Claim with the City of Mount Vernon against the City and Sergeant Aristotle Evans. She alleges that her direct supervisor forced her to perform a sexual act upon him and physically abused her

New York, June 13, 2019 – Police Officer Lucy Roches-Bowman alleges on September 28, 2018, her direct supervisor Sergeant Aristotle Evans forced her to perform a sexual act upon him and physically abused her.

According to the claim, Roches-Bowman responded to a call for service regarding an unresponsive female.

Shortly after arrival, Roches-Bowman claims she met with the woman’s family until the arrival of Evans, then the responding supervisor. As the family left the room, Evans began making inappropriate sexual comments towards her while grabbing her buttocks and vaginal areas. Roches-Bowman pleaded with Evans to stop but, her ignored her, according to the claim.

Yet a short time later, Roches-Bowman claims Evans grabbed her in a stairwell and forced her to perform oral sex on him.

Roches-Bowman reported the incident to another supervisor two days later.

Prosecutors failed to criminally charge Evans because it was discovered the two had briefly dated in 2013. Roches-Bowman also admitted she told Evans, “Can you just finish this?” during the sex act.

“Unfortunately, sexual harassment, other forms of discrimination, retaliation and ‘supervisor immunity’ are commonplace within the law enforcement. Officer Roches-Bowman is to be commended for exposing this boorish behavior in the workplace,” says Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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Notice of Claim

New York Daily News

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NYPD Officer Files EEOC Charge, Her Supervisor Asked “Would you ever give someone a ‘Blumpkin?’ https://www.thesandersfirmpc.com/nypd-officer-files-eeoc-charge-her-supervisor-asked-would-you-ever-give-someone-a-blumpkin/ Tue, 05 Feb 2019 18:58:23 +0000 https://www.thesandersfirmpc.com/?p=11754 Continue reading "NYPD Officer Files EEOC Charge, Her Supervisor Asked “Would you ever give someone a ‘Blumpkin?’"

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FOR IMMEDIATE RELEASE

Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a Charge of Discrimination with the United States Equal Employment Opportunity Commission on behalf of NYPD Police Officer Emily A. Brucato. She alleges that her former direct supervisor Lieutenant Johnathan Blatt subjected her to a humiliating campaign of sexual harassment, including pestering her for a threesome and retaliating when she refused

New York, February 5, 2019 – Police Officer Emily A. Brucato. Police Service Area No.: 5 in Harlem alleges since mid-2016, her direct supervisor former Lieutenant Johnathan Blatt made several inappropriate sexual remarks and advances towards her.

Brucato alleges that on or about July 6, 2016, after successfully completing the Recruit Training School aka Police Academy, the department transferred her to the Housing Bureau Police Service Area No.: 5.

Shortly thereafter, she noticed former Lieutenant Johnathan Blatt giving Police Officer Ariana Ortiz ‘too much attention,’ according to the charge.

According to the charge, from February 15, 2017 through May 2018, Brucato alleges Blatt asked, “Hey, would you ever have a threesome? It is ok because my wife gave me the go ahead.”

On another occasion, Brucato alleges that while performing her duties as Operator, Blatt asked her “Would you ever give a ‘Blumpkin.’ According to Blatt, a ‘Blumpkin’ is performing a blow job while seated on the toilet.

While performing her duties as Operator, Brucato alleges Blatt commented about Police Officer Ariana Ortiz’s “nice ass that really fills out those administrative pants,” according to the charge.

Brucato alleges that on another occasion while performing her duties, Blatt asked her, “Have you ever had sex with a Black Man?”

Blatt, according to the charge, then turned to Police Officer Kenneth Darling and asked, “Maresca looks like she can take a horse cock, right?”

Eventually, on August 18, 2017, Brucato contacted the NYPD Office of Equity and Inclusion and reported Blatt’s sexually offensive conduct.

In May 2018, Brucato transferred to Police Service Area No.: 9.

On July 25, 2018, the NYPD Office of Equity and Inclusion notified her that the Police Commissioner has determined the allegations of sexual harassment SUBSTANTIATED.

According to the charge, the Police Commissioner demoted Blatt from Probationary Lieutenant to Sergeant.

Brucato alleges that the Police Commissioner directed the department to issue Blatt Charges and Specifications and attend the Tactical Communications Course taught at the Police Academy.

“Unfortunately, sexual harassment, other forms of discrimination, retaliation and ‘supervisor immunity’ are commonplace within the NYPD. Officer Brucato is to be commended for exposing this boorish behavior in the workplace,” says Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the Charge of Discrimination with the United States Equal Employment Opportunity Commission on February 5, 2019.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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Read New York Post

Read EEOC Charge of Discrimination

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Interview with Darla Miles NYPD Officers Announcing Class Action Pumping Claims https://www.thesandersfirmpc.com/interview-with-darla-miles-nypd-officers-announcing-class-action-pumping-claims/ Tue, 05 Feb 2019 02:52:32 +0000 https://www.thesandersfirmpc.com/?p=11730
New York City Civil Rights Lawyer Eric Sanders and NYPD Police Officers Announcing Class Action Pumping Claims
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NYPD Discriminates Against ‘Nursing Mothers’: EEOC Class Charge https://www.thesandersfirmpc.com/nypd-discriminates-against-nursing-mothers-eeoc-class-charge/ Mon, 04 Feb 2019 18:19:53 +0000 https://www.thesandersfirmpc.com/?p=11714 Continue reading "NYPD Discriminates Against ‘Nursing Mothers’: EEOC Class Charge"

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FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz Files an EEOC Class Charge of Discrimination Regarding A ‘Nursing Mothers’ Right to ‘Express Milk’

NEW YORK, February 4, 2019 – Today, after more than eleven years of the NYPD failing to accommodate nursing mothers with ‘reasonable’ break times and a proper location to ‘express milk’ NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz files a Class Charge of Discrimination with the United States Equal Opportunity Commission, prelude to a federal civil rights lawsuit.

According to the charge, Charging Parties Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz files this class charge on behalf of themselves and all similarly situated nursing mothers appointed to the Police Department City of New York (“NYPD”) who claim that since August 15, 2007, Respondent THE CITY OF NEW YORK through its agents MICHAEL RUBENS BLOOMBERG (Former Mayor); BILL de BLASIO; MARTHA H. HIRST (Former Commissioner – Department of Citywide Administrative Services); EDNA WELLS HANDY (Former Commissioner – Department of Citywide Administrative Services); STACEY CUMBERBATH (Former Commissioner – Department of Citywide Administrative Services); LISETTE CAMILO (Commissioner – Department of Citywide Administrative Services); RAYMOND WALTER KELLY (Former Commissioner – Police Department City of New York); WILLIAM JOSEPH BRATTON (Former Commissioner – Police Department City of New York) and JAMES PATRICK O’NEILL (Commissioner – Police Department City of New York) and their agents have engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with reasonable break times and a proper location to express milk.

The Charging Parties claim that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” See 29 U.S.C. 207(r), says the Charging Parties.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the charge.

The Charging Parties claim that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the charge, the City of New York as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

The Charging Parties claim that the City of New York as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the NYPD Patrol Guide or other employee handbook or notifying the individual female employees in writing.

Since August 15, 2007, the Charging Parties claim that they and other similarly situated female employees who are nursing mothers have to express milk in-front of other female employees, have to pump in a female bathroom, have to pump in the female locker room, have to pump in department vehicles, have to pump in other department facilities, have to pump in their personal vehicles, have to pump in bathrooms throughout the neighborhood, or cease to pump.

Charging Parties claim that as nursing mothers appointed to the NYPD their supervisors and co-workers subjected them to jeers, sarcastic comments, ostracization, ridicule, supervisors subjected them to extra scrutiny, extra burdens to document and prove their personal breaks, etc.

Charging Parties asserts their supervisors and co-workers subjected them to this harassment because of their statuses as nursing mothers.

Charging Parties claim that they experienced severe engorgement, Mastitis, Emotional Distress and/or cessation of their milk supply.

“These brave women are to be commended for asserting the legal rights of nursing mothers in the workplace. For more than eleven years, the NYPD totally disregarded the law, ignoring the physiological and psychological needs of nursing mothers. Fortunately, the legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we intend to hold the parties responsible for completely disregarding them,” says lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Read EEOC Charge of Discrimination

Read New York Law Journal 

Watch ABC Eyewitness News

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FDNY Refuses to Accommodate Nursing Mechanic: Claim https://www.thesandersfirmpc.com/fdny-refuses-to-accommodate-nursing-mechanic-claim/ Sun, 27 Jan 2019 04:29:09 +0000 https://www.thesandersfirmpc.com/?p=11698 Continue reading "FDNY Refuses to Accommodate Nursing Mechanic: Claim"

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FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces Auto Mechanic Vanessa Feeley Files New York City Comptroller’s Office Notice of Claim Against FDNY For Allegedly Refusing to Accommodate Her Legal Right to ‘Express Milk’  

NEW YORK, January 27, 2019 – Today, after months of being chided for ‘expressing milk’ FDNY Auto Mechanic Vanessa Feeley files New York City Comptroller’s Office Notice of Claim, prelude to a federal civil rights lawsuit.

According to the claim, Ms. Feeley files this class charge on behalf of herself and all similarly situated nursing mothers appointed to the Fire Department City of New York (“FDNY”) who claim that since August 15, 2007, The City of New York through its agents have engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with reasonable break times and a proper location to express milk.

Feeley claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” See 29 U.S.C. 207(r), says Teagle.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the claim.

Feeley claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the claim, the City of New York as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

Feeley claims that the City of New York as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the employee handbook or notifying the individual female employees in writing.

Feeley alleges that while assigned to the Fleet Services Division, since July 23, 2018, the City of New York through its agents have failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has experienced severe engorgement, Mastitis, Emotional Distress and cessation of her milk supply.

On numerous occasions, Feeley claims that the City of New York through its agents refusal to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has to express milk in-front of male and female employees, she has to pump in a female bathroom, and she has to pump in the female locker room.

“Unfortunately, since August 15, 2007, despite the FDNY’S public declarations promoting diversity and inclusion, it remains an androcentric culture, says Eric Sanders.”

“With the filing of these legal claims, Ms. Feeley raises her voice on behalf of herself and many other silent voices of nursing mothers whose statutory rights to express milk are disregarded.”  

Eric Sanders, Esq., of The Sanders Firm, P.C. filed a Notice of Claim with the New York City Comptroller’s Office on January 27, 2019.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Read New York City Comptroller’s Notice of Claim

Read New York Post

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Fed Up, Bronx DA Employee Finally Sues https://www.thesandersfirmpc.com/fed-up-bronx-da-employee-finally-sues/ Sat, 19 Jan 2019 15:48:01 +0000 https://www.thesandersfirmpc.com/?p=11759 Continue reading "Fed Up, Bronx DA Employee Finally Sues"

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For Immediate Release


Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a lawsuit filed against the City of New York and Bronx District Attorney Darcel D. Clark. Crime Analyst Crystal Rivera alleges she suffered mental anguish, pain, and suffering when Clark and her staff retaliated against her for failing to cooperate with a baseless racially charged criminal investigation against NYPD Detective David Terrell

New York, NY, January 19, 2019 – Ms. Rivera claims, almost 11 years ago, she was appointed to the Office of the Bronx District Attorney.

According to the lawsuit, since her appointment, the Office of the Bronx District Attorney is rife with employees engaging in utter incompetence, serious misconduct and unethical practices directly impacting primarily complainants and defendants’ constitutional rights.

Instead of investigating and prosecuting crimes, Ms. Rivera alleges prosecutors and other employees routinely shop, consume alcohol in the office, engage in sexual activities in the office and other improper activities, according to the lawsuit.

Ms. Rivera claims, its prosecutors routinely “judge shop” meaning bring questionable legal documents such as search warrants to be endorsed by the Court although there is no matter pending before that Court.

Several years ago, Ms. Rivera claims she began a personal relationship with NYPD Detective David Terrell (African-American Male) of the 42nd Precinct.

According to the lawsuit, more than two years ago, Bronx District Attorney Darcel D. Clark (African-American Female) and Chief of the Homicide Bureau Christina Scaccia (Caucasian Female) assigned Assistant District Attorney David Slott (Caucasian Male) to handle the criminal cases against Pedro Hernandez and the rest of The Hill Top Crew.

During the investigation, Ms. Rivera met with Deputy Chief of the Strategic Enforcement/Intergovernmental Relations Division Carmen J. Facciolo III (Caucasian Male). Prior to meeting with Deputy Chief Facciolo III, she received information from another colleague that the private investigator from the Pedro Hernandez case, private investigator Manny Gomez have a personal relationship with an employee Michelle Rayo (Caucasian Female) and has been seen throughout several secure areas of the office.

According to the lawsuit, Ms. Rivera later met with Chief of the Trial Division Jeremy Shockett (Caucasian Male); Deputy Chief Facciolo III; Deputy Chief of the Narcotics/Gang Bureau Terry H. Gensler (Caucasian Female); Bureau Chief Scaccia and Assistant District Attorney Slott. Ms Rivera claims that they were collectively unaware of crucial evidence collected against Pedro Hernandez and the rest of The Hill Top Crew, this is consistent with the incompetent and unethical practices of the office.

Ms. Rivera claims, Bronx District Attorney Clark using her staff decided she would be used to ‘publicly vilify’ NYPD Detective Terrell with allegations of a baseless criminal investigation against him. After rebuffing Bronx District Attorney Clark’s and her staff’s tactics, they began to target her for a baseless criminal investigation.

Deputy Chief Gensler then proceeds to talk about NYPD Detective Terrell, Sergeant Andrew Uruci, and the 42 whole Pct. is going down. According to the lawsuit, Deputy Chief Gensler said, “David Terrell is a fucking crooked cop and that is typical because he’s Black and Sergeant Uruci is a moron for not controlling Terrell.” Ms. Rivera claims, that’s not the first time she has heard Deputy Chief Gensler and other members of Bronx District Attorney Clark’s staff referring to persons of color in a negative light.

Ms. Rivera claims, Chief of the Public Integrity Bureau Wanda Perez-Maldonado (Latina Female) even implied she had a personal relationship with Pedro Hernandez and The Hill Top Crew. After the intense questioning quickly shifted to her personal relationship with NYPD Detective Terrell but, she ignored the questions related her personal life.

In late August, she met with Bureau Chief Perez-Maldonado and Detective Investigator Terrence Mulderrig (Caucasian Male) in her office. Shortly thereafter, Ms. Rivera noticed a notepad with her name written on it along with her cellphone and financial records. Bureau Chief Perez-Maldonado told her, she lied and needs a lawyer.

A few days later, Bureau Chief Perez-Maldonado asked Ms. Rivera if any employees knew about her personal relationship with NYPD Detective Terrell. Shortly thereafter, Deputy Chief Administrative Chief Human Resources/Labor Relations Arthur B. Simmons told Ms. Rivera effective immediately, she is being suspended with pay pending the outcome of the criminal investigation.

On September 6, 2017, Bronx District Attorney Clark dismissed the case against Pedro Hernandez.

According to the lawsuit, in an elaborate ruse to perpetuate a fraud upon the public to cover up the incompetence, serious misconduct and unethical practices of the Office of the Bronx District Attorney, Clark falsely claimed to have started an investigation into the law enforcement practices of the 42nd Precinct. Bronx District Attorney Clark, falsely published a press release claiming her Public Integrity Bureau “delved into the allegations surrounding the Pedro Hernandez case.”

On January 19, 2018, Bronx District Attorney Clark charged Ms. Rivera with misconduct related to her personal relationship with NYPD Detective Terrell but, did not serve her.

On January 22, 2018, Bronx District Attorney Clark suspended her without pay.

On February 23, 2018, Bronx District Attorney Clark sent two detective investigators to her former mother in law’s home threatening to “pick her up.” Later that day, the same two detective investigators served her with administrative charges related to her personal relationship with NYPD Detective Terrell.

On May 8, 2018, after an Informal Hearing, Hearing Officer Nicole Keary sustained charges related to her personal relationship with NYPD Detective Terrell but, DID NOT rule on the validity of any directive against contact with him. Ms. Rivera claims that Hearing Officer Keary recommended time credited while under suspension without pay, a demotion via reassignment to duties with reduced access to sensitive information.

On June 4, 2018, Ms. Rivera declined the recommendation and informed Bronx District Attorney Clark that “Unfortunately, after review, Ms. Rivera vehemently disagrees with the findings and recommendations; therefore, elects to proceed to Step II. In the meantime, Ms. Rivera expects to be immediately reinstated with all backpay and benefits consistent with Civil Service Law Section 75 and transferred to another unit pending the outcome of this disciplinary matter. Thank you.”

Shortly thereafter, Bronx District Attorney Clark reinstated her with all backpay and benefits consistent with Civil Service Law Section 75, but, never scheduled her for a Step II Hearing. 

On July 2, 2018, Bronx District Attorney Clark transferred her to the Crime Victims Assistance Unit, Satellite Office.

Almost immediately, Ms. Rivera claims Mr. Brian Wareham began subjecting her to unwanted physical contact including unsolicited hugs, grabbing her hand, touching her arm and buttocks. On October 1, 2018, she wrote an email to Director, Crime Victims Assistance Unit Beth Ann Holzhay and Supervising Coordinator Priscilla Taveras about Mr. Wareham’s conduct and his constant interference with her work assignments. Ms. Rivera alleges neither filed a complaint on her behalf because of her publicly filed complaints alleging public corruption against the Office of the Bronx District Attorney and her personal relationship with NYPD Detective Terrell.

“The Bronx DA’S Office is retaliating against me for exercising my First Amendment right of freedom of association; for re-buffing the incompetence, serious misconduct and unethical practices of the office and for failing to cooperate with a baseless racially charged criminal investigation against David,” says Ms. Rivera.

“Under DA Clark, ‘let the constitution be damned.’ With the filing of this lawsuit, we intend to hold Bronx District Attorney Clark and her staff legally accountable for their disgraceful conduct, says Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the Verified Complaint in the Supreme Court of the State of New York, County of the Bronx – Crystal Rivera V. The City of New York, et al., Index No.: 23051/2019E on January 19, 2019.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C.  offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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Nurse Sues Former Employer For Disregarding Right to ‘Express Milk’ https://www.thesandersfirmpc.com/nurse-sues-former-employer-for-disregarding-right-to-express-milk/ Mon, 14 Jan 2019 23:18:44 +0000 https://www.thesandersfirmpc.com/?p=11692 Continue reading "Nurse Sues Former Employer For Disregarding Right to ‘Express Milk’"

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FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces Nurse Tabetha T. Tyndale has filed a federal civil rights lawsuit alleging Extended Managed Long Term Care disregarded her right to ‘express milk’  

NEW YORK, January 14, 2019 – Today, after being terminated for asserting her legal right to ‘express milk’ Nurse Tabetha T. Tyndale announces the filing of a federal civil rights lawsuit.

According to the lawsuit, while assigned to the New York Office her former employer Extended Managed Long Term Care failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk.

Tyndale claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” See 29 U.S.C. 207(r), says Teagle.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the claim.

Tyndale claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the lawsuit, Extended Managed Long Term Care as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

Tyndale claims that Extended Managed Long Term Care as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the workplace or employee handbook or notifying the individual female employees in writing.

While assigned to the New York, Staten Island and Staten Island Satellite Offices, since March 2018, Extended Managed Long Term Care has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she experienced severe engorgement, Mastitis, emotional distress and cessation of her milk supply, according to the lawsuit.

Tyndale claims that from March 4, 2018, through June 1, 2018, since Extended Managed Long Term Care has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she had to express milk in-front of other employees, and other locations not suitable.

According to the lawsuit, on June 1, 2018, in retaliation for her complaints, Extended Managed long Term Care terminated her employment.

“The legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we intend to hold the parties responsible for completely disregarding them,’” said lawyer Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal complaint with the United States District Court for the Eastern District of New York, Docket No.: 19 cv 00248 on January 12, 2019.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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