Firm Secures Jury Verdict Proving That the a New York City Housing Authority Supervisor Violated Employee’s First Amendment Rights

Dingle v. New York City Housing Authority and Demetrice Gadson, 10-CV-00004, United States District Court, Southern District of New York

After a long nine (9) day trial before the Honorable Shira A. Scheindlin, a jury concluded that Demetrice Gadson, Plaintiff’s supervisor at the New York City Housing Authority, violated the Plaintiff’s civil rights by filing frivolous disciplinary charges against him in retaliation for Plaintiff’s speech related to issues of public concern affecting the workplace.  Firm attorneys Bennitta Joseph and Alexander Coleman successfully tried the case for the Plaintiff.    

December 2011

Firm Settles Lawsuit on Behalf of Disabled New City Department of Education Employee for $250,000

Damante v. New York City Department of Education, et al., 10-CV-2594, United States District Court, Eastern District of New York

The Plaintiff sued in a civil action based upon the Defendants’ violations of: (i) the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”); (ii) the New York Executive Law § 290, et seq. under the New York State Human Rights Law (“NYSHRL”) and (iii) the New York City Human Rights Law § 8-107 et seq. (“NYCHRL”).  Phyllis Damante, a disabled part time worker with the New York City Department of Education alleged that the Defendants, their agents, officers, servants and / or employees, engaged in unlawful conduct by discriminating and retaliating against her based on her disability in blatant violation of the ADA and all applicable state and local laws, by: (a) removing her, without justification, from the position where she had worked for eight (8) years, which was a position capable of accommodating Plaintiff’s disability; (b) failing to reasonably accommodate her by moving her to one (1) of the at least 12 existing positions that would have accommodated her disability, even after Plaintiff provided the Defendants with medical documentation indicating that Plaintiff’s new position was hazardous to her health and life; (c) retaliating against her for exercising her rights under the ADA and state and local laws by opposing Defendants’ acts of illegal discrimination; and (d) terminating her as being “unfit for duty” after she requested that a reasonable accommodation be provided to her.  Ms. Damante alleged that she worked four (4) hours per day, earning a minimal hourly rate.  Rapidly after filing a summons and complaint initiating the lawsuit, the Firm was able to negotiate a settlement in Ms. Damante’s favor.  Michael Borrelli handled the case for the firm.

December 2010