Professional Documents
Culture Documents
Maribel Sarante v. City of New York, Et Al.
Maribel Sarante v. City of New York, Et Al.
-against-
Defendants
x
The plaintiff, MARIBEL SARANTE by her attorney THE SANDERS FIRM, P.C., for
her complaint against defendants THE CITY OF NEW YORK; JAMES P. O'NEILL; STEVEN
INTRODUCTION
"plaintiff') alleging her statutory rights as an employee and citizen were violated due to defendants THE
discrimination.
1331, 1343 and 2202 to secure protection of and to redress deprivation of rights secured by:
a. Title VII of the Civil Rights Act of 1964 (hereinafter referred to as "Title VII")
of herein were committed within the Eastern and Southern Districts of New York.
PROCEDURAL REQUIREMENTS
3. Plaintiff has filed suit with this Court within the applicable statute of limitations
period.
4. Plaintiff alleges on or about May 1, 2017, she filed a complaint with the United
5. Plaintiff alleges on or about January 8, 2018, she received a Notice of Right to Sue
6. Plaintiff filed this suit within the applicable statute of limitations period.
7. Plaintiff is not required to exhaust any administrative procedures prior to suit under
PLAINTIFF
over twenty-one (21) years of age and resident of the County of Richmond.
DEFENDANTS'
2
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 3 of 21 PageID #: 3
relevant times plaintiffs employer, with its central officers in the county of New York, and diverse
of New York.
Precinct.
Precinct.
BACKGROUND
16. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
aware female subordinates' accusing their supervisors of sexual harassment is a very serious
17. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
aware sexual harassment is a very serious problem especially in the ranks of Sergeant and above,
18. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
3
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 4 of 21 PageID #: 4
`Supervisor Immunity.'
19. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
Office of Equal Employment Opportunity and Internal Affairs Bureau specifically investigate
20. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
support the Office of Equal Employment Opportunity and Internal Affairs Bureau
21. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
`Supervisor Immunity' and the 'substantiation' rate to promote unqualified employees such as
defendant FREDDY LOPEZ who then further 'prey' upon other female employees.
22. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
are fully aware female subordinates' accusing their supervisors of sexual harassment is a serious
problem, the department allocates very little training resources if any related to sexual
harassment.
23. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
are fully aware female subordinates' accusing their supervisors of sexual harassment is a serious
problem, the department does not make sexual harassment training mandatory.
24. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 5 of 21 PageID #: 5
are fully aware female subordinates' accusing their supervisors of sexual harassment is a serious
25. Plaintiff alleges defendant THE CITY OF NEW YORK promoted defendant
FREDDY LOPEZ although NYPD management were fully aware he has a history of engaging in
26. Plaintiff alleges defendant THE CITY OF NEW YORK promoted defendant
FREDDY LOPEZ despite his predatory conduct due to gender bias against female subordinates.
27. Plaintiff alleges since early 2015 her direct supervisor, defendant 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
28. Plaintiff alleges since early 2015, her direct supervisor defendant FREDDY
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
29. Plaintiff alleges since early 2015, in response to her rejection, defendant
FREDDY LOPEZ and other police supervisors including defendant HYON CHAE would
change her assignments, fail to notify her about changes in assignments and ultimately re-
assigning her to work the late tours to make her workplace intolerable.
30. Plaintiff alleges since early 2015, in response to her rejection, defendants'
FREDDY LOPEZ and JENNIFER KIELB began making false allegations against her in an
5
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 6 of 21 PageID #: 6
31. Plaintiff alleges since early 2015, defendants THE CITY OF NEW YORK;
CARRASCO were aware defendants' FREDDY LOPEZ and JENNIFER KIELB made
numerous false allegations against her in an attempt to have her arrested, suspended and
32. Plaintiff alleges on or about December 7, 2015 and December 21, 2015, she filed
complaints with the NYPD Office of Equal Employment Opportunity (OEEO) alleging
defendant FREDDY LOPEZ subjected her to disparaging remarks and a display of offensive
33. Plaintiff alleges shortly thereafter, while in Roll Call, defendant FREDDY
LOPEZ took out a mouse trap and threw it to the floor and started laughing.
34. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
35. Plaintiff alleges on or about December 20, 2015, after Roll Call, defendant
FREDDY LOPEZ placed a plastic glove on his hand and stated paraphrase "I'm here to do a
36. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
37. Plaintiff alleges he then picked up two apples and one banana to form a shape of a
6
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 7 of 21 PageID #: 7
38. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
39. Plaintiff alleges on or about December 21, 2015, defendant FREDDY LOPEZ
`falsely' accused her and her partner of stealing time to defendant STEVEN M. HELLMAN,
40. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
defendant FREDDY LOPEZ'S allegations against her were 'false' but, took no action against
him.
41. Plaintiff alleges on or about March 8, 2016, she received a letter from the NYPD
OEEO indicating her complaints 'did not rise to the level of employment discrimination under
Title VII of the Civil Rights Act of 1964, or applicable state or local laws.'
42. Plaintiff alleges the NYPD OEEO did not take her complaints seriously.
43. Plaintiff alleges on or about June 7, 2016, a complaint was filed on her behalf
with the NYPD OEEO alleging defendant FREDDY LOPEZ subjected her to disparaging
44. Plaintiff alleges on or about June 13, 2016 defendant JENNIFER KIELB,
defendant FREDDY LOPEZ'S paramour, filed a 'false' complaint against her claiming plaintiff
45. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
defendant JENNIFER KIELB, defendant FREDDY LOPEZ'S paramour allegations were 'false'
7
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 8 of 21 PageID #: 8
46. Plaintiff alleges on or about March 3, 2017, she received a letter from NYPD
OEEO indicating her complaints 'did not reveal sufficient evidence to corroborate your
allegations of retaliation.'
47. Plaintiff alleges the NYPD OEEO did not take her complaints seriously.
48. Plaintiff alleges since early 2015, defendants' THE CITY OF NEW YORK;
CARRASCO knew defendants' FREDDY LOPEZ and JENNIFER KIELB created a hostile
work environment and retaliated against her for reporting their conduct to the NYPD OEEO,
50. Plaintiff alleges that defendant THE CITY OF NEW YORK through its agents
engaged in a pattern and practice of gender discrimination against her with respect to the terms,
51. Plaintiff alleges that defendant THE CITY OF NEW YORK knew or should have
known about gender discrimination in the workplace because of their prior history of
discriminatory conduct.
52. Plaintiff alleges that the discriminatory acts of defendant THE CITY OF NEW
8
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 9 of 21 PageID #: 9
53. Plaintiff alleges that defendant THE CITY OF NEW YORK acted in an
outrageous and systematic pattern of oppression, bad faith and cover-up, from in or around early
54. Plaintiff alleges that the acts of defendant THE CITY OF NEW YORK under
color of law caused her to incur significant legal costs, emotional distress, damage to her
COUNT II
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
56. Plaintiff alleges that defendant THE CITY OF NEW YORK through its agents
engaged in various cruel and hostile actions towards her due to gender.
57. Plaintiff alleges that the cruel and hostile acts of defendant THE CITY OF NEW
YORK through its agents under color of law caused her to incur significant legal costs,
COUNT III
RETALIATION
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
59. Plaintiff alleges that defendant THE CITY OF NEW YORK through its agents
engaged in various retaliatory actions against her for opposing gender discrimination and filing
such complaints with the NYPD ()EEO, Internal Affairs Bureau and the EEOC.
9
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 10 of 21 PageID #: 10
60. Plaintiff alleges that as a result of the illegal acts of defendant THE CITY OF
NEW YORK through its agents under color of law caused her to incur significant legal costs,
COUNT IV
GENDER DISCRIMINATION
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
oppression, bad faith and cover-up, directed at her from in or around early 2015 to this day.
acting individually and in their official capacities as a public officials of defendant THE CITY
OF NEW YORK under color of law, and having been fully advised that she was being deprived
of her constitutional rights, either acted in a concerted, malicious intentional pattern to further
discriminate against her, or knowing such discrimination was taking place, knowingly omitted to
under color of law caused her to incur significant legal costs, emotional distress, damage to her
10
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 11 of 21 PageID #: 11
COUNT V
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
oppression, bad faith and cover-up, directed at her from in or around early 2015 to this day.
acting individually and in their official capacities as a public officials of defendant THE CITY
OF NEW YORK under color of law, and having been fully advised that she was being deprived
of her constitutional rights, either acted in a concerted, malicious intentional pattern to further
discriminate against her, or knowing such discrimination was taking place, knowingly omitted to
under color of law caused her to incur significant legal costs, emotional distress, and damage to
COUNT VI
RETALIATION
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
11
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 12 of 21 PageID #: 12
oppression, bad faith and cover-up, directed at her from in or around early 2015 to this day.
acting individually and in their official capacities as a public officials of defendant THE CITY
OF NEW YORK under color of law, and having been fully advised that she was being deprived
of her constitutional rights, either acted in a concerted, malicious intentional pattern to retaliate
against her for opposing gender discrimination and filing such complaints with the NYPD
under color of law caused her to incur significant legal costs, emotional distress, and damage to
COUNT VII
MONELL CLAIM
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
74. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents caused
her injuries.
75. Plaintiff alleges defendant THE CITY OF NEW YORK actions of implementing
12
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 13 of 21 PageID #: 13
`official and un-official' policies of supporting gender discrimination, related claims and
76. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents
77. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents caused
COUNT VIII
NEGLIGENT HIRING
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
79. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents
deprived her of constitutional and statutory rights by hiring of defendants' JAMES P. O'NEILL;
JENNIFER KIELB reflects a deliberate indifference to the risk that a violation of a constitutional
81. Plaintiff alleges because defendant THE CITY OF NEW YORK through its agent
DAWSON; EDWARD CARRASCO; FREDDY LOPEZ and JENNIFER KIELB she sustained
13
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 14 of 21 PageID #: 14
COUNT IX
FAILURE TO TRAIN
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
83. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents knows
84. Plaintiff alleges the situation presents the employee with a difficult choice of the
sort either that training will make less difficult or that there is a history of employees
85. Plaintiff alleges mishandling those situations will frequently cause the deprivation
86. Plaintiff alleges because defendant THE CITY OF NEW YORK through its
agents' failure to train its employees regarding gender discrimination, related claims and
`Supervisor Immunity' in the workplace she sustained constitutional and statutory injuries.
COUNT X
FAILURE TO SUPERVISE
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
88. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents knows
89. Plaintiff alleges the situation presents the employee with a difficult choice of the
sort either that training will make less difficult or that there is a history of employees
14
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 15 of 21 PageID #: 15
90. Plaintiff alleges mishandling those situations will frequently cause the deprivation
91. Plaintiff alleges because defendant THE CITY OF NEW YORK through its
agents' failure to supervise its employees she sustained constitutional and statutory injuries.
COUNT XI
FAILURE TO DISCIPLINE
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
93 Plaintiff alleges defendant THE CITY OF NEW YORK through its agents
JENNIFER KIELB.
94. Plaintiff alleges defendant THE CITY OF NEW YORK through its agents' failure
CARRASCO; FREDDY LOPEZ and JENNIFER KIELB reflects a deliberate indifference to the
95. Plaintiff alleges because defendant THE CITY OF NEW YORK through its
EDWARD CARRASCO; FREDDY LOPEZ and JENNIFER KIELB she sustained constitutional
15
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 16 of 21 PageID #: 16
COUNT XII
GENDER DISCRIMINATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
97. Plaintiff alleges that New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their gender.
98. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB discriminated against her because of her gender.
99. Plaintiff alleges that as a direct and proximate result of the unlawful employment
JENNIFER KIELB, she suffered the indignity of gender discrimination and great humiliation.
100. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB'S violations caused her to incur significant legal
COUNT XIII
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
101. Plaintiff re-alleges Paragraphs 1 through 100 and incorporates them by reference
102. Plaintiff alleges that New York State Executive Law § 296, makes it unlawful to
16
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 17 of 21 PageID #: 17
discriminate against any individual in the terms, conditions, or privileges of employment because
of their gender.
103. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
104. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
LOPEZ and JENNIFER KIELB engaged in various hostile actions against her based upon her
gender.
105. Plaintiff alleges that as a direct and proximate result of the unlawful employment
106. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB'S violations caused her to incur significant legal
COUNT XIV
RETALIATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
107. Plaintiffs -alleges Paragraphs 1 through 106 and inwrporates them by reference as Paragraphs 1
108. Plaintiff alleges that New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their gender.
17
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 18 of 21 PageID #: 18
109. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
110. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB engaged in various retaliatory actions against her as a
result of her opposition to gender discrimination and for filing such complaints with the NYPD
111. Plaintiff alleges that as a direct and proximate result of the unlawful employment
JENNIFER KIELB, she suffered the indignity of gender discrimination and great humiliation.
112. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB'S violations caused her mental anguish, emotional
COUNT XV
GENDER DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
113. Plaintiffre-alleges Paragraphs 1 through 112 and incorporates them by reference as Paragraphs 1
114. Plaintiff alleges that New York City Administrative Code § 8-107, makes it
115. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
18
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 19 of 21 PageID #: 19
FREDDY LOPEZ and JENNIFER KIELB discriminated against her because of her gender.
116. Plaintiff alleges that as a direct and proximate result of the unlawful employment
JENNIFER KIELB, she suffered the indignity of gender discrimination and great humiliation.
117. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
LOPEZ and JENNIFER KIELB'S violations caused her to incur significant legal costs,
COUNT XVI
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
118. Plaintiff re-alleges Paragraphs 1 through 117 and incorporates them by reference
119. Plaintiff alleges that New York City Administrative Code § 8-107, makes it
120. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
121. Plaintiff alleges defendants THE CITY OF NEW YORK; JAMES P. O'NEILL;
LOPEZ and JENNIFER KIELB engaged in various hostile actions against her.
122. Plaintiff alleges that as a direct and proximate result of the unlawful employment
19
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 20 of 21 PageID #: 20
123. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB'S violations caused her to incur significant legal
COUNT XVII
RETALIATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
125. Plaintiff alleges that New York City Administrative Code § 8-107, makes it
126. Plaintiff alleges that the law also makes it unlawful to create an atmosphere where
127. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB engaged in various retaliatory actions against her for
opposing gender discrimination and filing such complaints with the NYPD OEEO, Internal
128. Plaintiff alleges that as a direct and proximate result of the unlawful employment
20
Case 1:18-cv-01967 Document 1 Filed 04/02/18 Page 21 of 21 PageID #: 21
JENNIFER KIELB, she suffered the indignity of gender discrimination and great humiliation.
129. Plaintiff alleges that defendants THE CITY OF NEW YORK; JAMES P.
FREDDY LOPEZ and JENNIFER KIELB'S violations caused her mental anguish, emotional
JURY TRIAL
130. Plaintiff demands a trial by jury of all issues in this action that are so triable.
Wherefore, plaintiff demands compensatory and punitive damages from defendants THE
DAWSON; EDWARD CARRASCO; FREDDY LOPEZ and JENNIFER KIELB jointly and
severally, in an amount to be determined at trial, plus any al available statutory remedies, both
Respec ly submitted,
By:
Eric Sanders
Website: http://www.thesandersfirmpc.com
21