INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 SUPREME COUNTY COURT OF THE OF NEW YORK OF STATE KINGS ---------..-.........--------..------------..-- HEIDI Index ¬---X No: LEIBOWITZ, Plaintiff, COMPLAINT -against- NEW YORK and SOPHIA and LOIS COUNTY LAWYERS ASSOCIATION, GIANOCOPOULOS, DAVIS, individually, JURY individually, D TRIAL Defendants. ---------..----......----------------..-----------------X by Plaintiff, Firm, P.C., her Christopher attorneys, of complaining Van L. Defendants, De Esq. Water, upon alleges, respectfully of The V information following: OF THE NATURE 1. an Heidi for administrator New Manhattan, 2. until York, Plaintiff Rights Law their at in or to and the 14 around brings this York 2 of 13 Vesey Street employee New York, of Defendants NY 10007 2016. action and accommodate, New a former is ("Plaintiff") Defendants failure discrimination, Human Leibowitz, ACTION City against wrongful Human Defendants termination Rights Law. for under the INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 is RECEIVED NYSCEF: 08/07/2019 of one New the York most largest, for County Executive of State the Sophia 5. bar influential New Gianacopoulos Director of in associations NYC country. York. ("Defendant" hereinafter and NYCLA, entire the further, or "Defendants") supervised directly Plaintiff employment. Lois 6. Bono 7. seq. is or supervised directly a covered employee Association is was "Defendants") throughout Plaintiff within the her of meaning the D employmen N.Y. Exec. the meaning NYCHRL. and § further, Plaintiff Defendant 8. Law and Programs, ("Defendant" hereinafter Davis, 290 et seq. and a employer covered within NYCHRL. FACTS 9. Plaintiff 10. Plaintiff 11. Her commenced her employment with the Association in or 2005. served as the Part 137 Fee Dispute Program Adminis Association. job duties included, 3 of 13 among other things, working with the INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 was RECEIVED NYSCEF: 08/07/2019 high considered For 14. that were from Room work from and When 16. fired a result, one spent she returned not did with had and retrie be another her p taken until week (12) and to to hospital the twelve her provide prior needed in her after storing perform to Plaintiff pregnancy work to but her workload, like have morning, of rest issue. herself as NOT did January the assistant Plaintiff's such she at Plaintiff's increased which of health very woman pregnant all As her put Defendants a for sub-basement, 15. could example, difficult the and risk tim the pregnancy one or any assistance. 17. fact Furthermore, she that was 18. bathroom even which office, there, all in 20. unilaterally though To mother nursing Instead, 19. her a had add insult to she was for her other to Plaintiff space no Defendants do before, a place express to breast same. requested available injury, because to express that would longer they her have ensured allowed did not m breast Plaintiff want to her to request. told that had her give to directed able Defendants determined and Defendants they retaliation refused they Plaintiff such time 4 of 13 to could provide not them exceed with fifteen a set (15) time for minutes, INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 whenever Plaintiff The 24. resolve the and available children Plaintiff was in fine and by Director repeatedl "how and kids belittled babies many remarks. so bad designated that agent with pleaded and ADP, Defe called Plaintiff that then would she told she was not was she said resolve Plaintiff which milk, with spoke Plaintiff friends w issue. the could use a because helpful roo conference rooms the w locked. The having be who Plaintiff breast 27. to woman Defendants express to got and at harassment. assured 26. more degrading work their yelled Director any and at through The and Director, having snide harassment severe 25. floor other Department Resources on planned numerous among have!", was she late, Managing she whether Plaintiff in Defendants' Both 23. come did actually issues was never told simply Plaintiff surrounding After resolved. that does she breast expressing about great work, 2015, Plaintiff a year, got very when good milk she evaluations workplace. the 28. In 29. To or her around relief, September she was 5 of 13 not showing was yet. again and pregnant. was being n INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 32. because the that Plaintiff's and finally told started all over of things nasty they time Plaintiff's the Plaintiff's had not bathroom. looks as tell to and she though them. c harassing was pregnant once harassme discrimination, pregnancy had Worse Plaintiff do her and notes was her also to asked 6 of 13 pregnant and exponentially her to workload her to all of increased Plain the to files them notifying her almost a Defendants pregnancy. after computer make again, empty high-risk Defendants notifying pinned was previous her increased after still, directed since also she work could supervisors 40. messages them told assistant Defendants 41. she after 39. text wanted that wanted, the again. Right 38. all thereafter, she discriminatory she her bathroom many in that she something than so vomit her warned then again. take repeatedly callous, earlier not told was uncalled-for Immediately to and asking pregnant her supervisors a lot Defendants, her there many was directed Plaintiff's whether After 37. amount of for Plaintiff caused pregnancy demanded 36. that supervisor Both 35. apologized furious Plaintiff's 34. funny, were bosses 33. fact co-worker Plaintiff's handbook pregnancy, of Plaintiff daily. of everything INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 to RECEIVED NYSCEF: 08/07/2019 OCA tell that 43. overseen Pregnancy doesn't pregnancy before who 46. Without break in of All 48. informed towards In or all 49. Plaintiff 50. Unfortunately, asked kind should be with no on overs Plaintiff. have not learn to Defendants after work Plaintiff forced an because do bigger worked nevertheless harassment immense she disclosed the much you more think hours done. December then "How Plaintiff, Plaintiff the placed around Defendants with issues came she alone did "your This discrimination, and pregnancy had Plaintiff special." and tasks always now told assistant, get the the Plaintiff constantly Davis to half ready. an order that you was she on taking Davis make Defendant high-risk work amount 2015, Plaintiff needed to to and of Defendants situation some that did on pressure went use were stress not through sick she get not healthy her. a Domestic days. was through going were nor better, Plaintiff. 51. sick Director, 45. 47. and duties Defendant 44. lunch Suddenly the by was Director the Defendants' Instead, time. 7 of 13 Executive Director threatened to fire Plain INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 Defendants Without 55. again if she was was on still her August then prior pregnancy-related cut position Plaintiff's to par reassurances. Defendants 2016, 9, 2016. 7, Defendants despite about or September by warning, The 57. return returning, On 56. she would she that terminated wrongfully leave. factor motivating for termination Plaintiff's gender/sex/pregnancy. But 58. of Plaintiff's suffer damages, severe emotional and Defendants a in of forms including, mental distress, were not have malicious willful, intentional, makes The claims all above Defendants unlawful but a continuous herein are just not pain anguish, claims subjected 63. acts Defendants' result Plaintiff 61. 62. unlawful would Plaintiff gender/sex/pregnancy rights. As 60. violation Plaintiff's Defendants' 59. disregard for under some limited to, and suffering. of practice the lost income, discrimination violations continuing of examples, has Plaintiff acts, 8 of 13 a pattern and practice lost futu and cla doctrine. some of of discrimination. the Plaintiff. exhibited suffered discrimination INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 practice: "(a) national origin, or bar to or environment wrongful and 67. of such an in her Plaintiff hereby Executive Law Plaintiff of 69. makes Section a claim forbidden 70. ra refuse discriminate to employment." practice disability, Defendants against creating under all 296. OF ACTION UNDER STATE CAUSE DISCRIMINATION and repeats each re-alleges and every LAW ma allegation complaint. New York under Defendant this Law Executive State "For practice: discriminatory acts this of discriminatory gender/pregnancy, age, termination. FOR paragraphs the to or privileges unlawful an individual, any unlawful AS A SECOND 68. of individual or conditions terms, of because Plaintiff the of status be shall It because agency, employment in "1. that marital engaged Defendants provides licensing or from compensation 66. or disability, discharge to 296 § employer or sex, in paragraphs an For or individual against Law Executive 65. person any or article, engaged 9 of 13 to attempt in an aid, to do unlawful provides §296(6) abet, incite compel that or it shall coerce so." discriminatory practice in INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 AS A THIRD UNDER DISCRIMINATION 71. Plaintiff of paragraphs this retaliate under York or State "For practice: discriminatory each re-alleges Law Executive person any against discriminate Defendant against retaliating person any in because engaged an in 74. has shall it which to activity [s]he that this opposed pr any of unlawful this UNDER or sexual or bar Code Administrative practice: perceived or to "(a) age, or orientation to each re-alleges FOR OF ACTION CAUSE CITY and LAW ma allegation every complaint. discriminatory actual and repeats The 75. practice discriminatory Plaintiff. Plaintiff paragraphs employ any unlawful DISCRIMINATION status, provides §296(7) engaged AS A FOURTH the ma allegation every article." this 73. of LAW STATE CITY and FOR complaint. New 72. and repeats OF ACTION CAUSE race, creed, from 10 of 13 of City an For or alienate discharge of NY employer color, citizenship employment § or 8-107 such provides employee an national status [1] or origin, of person t agent gender, person, any or to to discriminate INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 and conditions, working gender/pregnancy, disability, 77. Plaintiff of paragraphs New makes City Administrative Plaintiff 78. of this New unlawful be shall under Defendants U DISCRIMINATION CODE ADMINISTRATIVE CITY each all 8. Title FOR re-alleges York and Administrative City ma allegation every any person because Code Title an employer has opposed "For practice: discriminatory against discriminate wrongful and Complaint. The 79. and Plaintiff the environment against Code NEW YORK repeats claim a OF ACTION CAUSE THE work a hostile hereby York against discriminating creating AS A FIFTH paragraphs otherwise such person 8, §8-107 (1) discharge to practices any chapter." this 80. York because Defendant engaged Code Administrative City of opposition Plaintiff's AS A SIXTH THE 81. Plaintiff Title to CAUSE an in 8, OF ACTION and 11 of 13 CITY re-alleges (1) e by of practices Plaintiff's U DISCRIMINATION ADMINISTRATIVE each aga discriminating employment FOR in practice discriminatory §8-107 unlawful the NEW YORK repeats unlawful and every CODE allegation ma INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 York engaged Defendants 83. Code Administrative City above the coercing AS A SEVENTH 84. of this 85. the of conduct than An employer an employee one one conduct, action; discriminatory and an DISCRIMINATION CODE each and or or SUPERVISORY ma allegation every of acquiesced employer conduct for which is the section this or in liable this upon based two be of such where conduct of an deemed 12 of 13 discriminatory where: conduct the knew or failed to have was of to prac discriminatory of violation An only that in unlawful b. conduct be shall an section. employer the for liability provides: agent two and Employer contractor shall responsibility; supervisory inciting, conduct. FOR re-alleges entitled independent practice subdivision retaliatory OF ACTION 8-107(13) or subdivisions discriminatory and abetting, aiding, complaint. agent 86. unlawful and repeats Section employee, by ADMINISTRATIVE CITY Plaintiff paragraphs §8-107(6) in practice discriminatory 8, CAUSE NEW YORK THE Title discriminatory, unlawful an in of provision any employer be shall liable employee or agent which employee or agent exercised the take employee's immediate knowledge known by of another or agent's and approp an employe employee INDEX NO. 517381/2019 FILED: KINGS COUNTY CLERK 08/07/2019 04:45 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/07/2019 PRAYER WHEREFORE, the granting non-exclusive following 1. demands Plaintiff mind damages Economic 2. amount an in trial and prays not limited to damages, but including of enjoyment and a jury RELIEF judgment for a relief: damages, Compensatory FOR emotional life, be proven at distress, Plaintiff's and other spe and benef trial; lost wages an amount to interest on Plaintiff's including of time the to, damages; 3. For exemplary 4. For pre-judgment state For 5. York For 6. and punitive and damages post-judgment in all be proven damages costs law, any New Commack, August 5, awa law; incurred, including attorneys' reasonable fees, in accord and; other relief to which Plaintiff may be entitled that the proper. Dated: a York 2019 Respectfully 13 of 13 submitted, DE WATER Cour