Shannon O'Leary v. New York City Department of Education, Et Al.
Shannon O'Leary v. New York City Department of Education, Et Al.
JURY DEMAND
Plaintiffs,
-against-
Defendants'
x
Plaintiff SHANNON O'LEARY through THE SANDERS FIRM, P.C., files this federal
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA, respectfully set forth and
allege that:
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, as amended by the Pregnancy
O'LEARY'S civil rights complained of herein were committed within the Eastern and Southern
PROCEDURAL REQUIREMENTS
3. Plaintiff SHANNON O'LEARY have filed suit with this Court within the applicable
Plaintiff SHANNON O'LEARY allege that on or about April 25, 2029, she filed a
Charge of Discrimination with the United States Equal Env_ oyment Opportunity Commission
(EEOC):
Plaintiff SHANNON O'LEARY allege that as of April 25, 2020, she has not
received a Notice of Right to. Sue from the United States Department of Justi
'Upon receiving the Notice of Right to Sue from the United States of Justice but, if necessary, will be added to the
complaint.
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procedures prior to suit under the Civil Rights Act of 1871, New York State Executive Law § 296
A. Class Definition
8. Plaintiff SHANNON O'LEARY is a member ofthe proposed class (collectively, the "Rule 23
9. Plaintiff SHANNON O'LEARY reserve the right to amend the definitions of the
10. Plaintiff SHANNON O'LEARY alleges that the patterns, practices or policies
described in this federal complaint demonstrate that pregnancy discrimination is common within
the NYCDOE and shows that such unlawful conduct is part of its' operating patterns, practices
or policies.
11. Plaintiff SHANNON O'LEARY and the Rule 23 Class, upon information and
belief, consist of more than 500, past, present and future female employees that fit within the
class. The NYCDOE presently employs more than 135,000 employees. The Rule 23 Class
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12. Plaintiff SHANNON O'LEARY alleges that certification of the proposed Rule 23
Class is the most efficient and economical means of resolving the questions of law and fact that
13. Plaintiff SHANNON O'LEARY alleges that their individual claims require
resolution of the common questions concerning whether within the NYCDOE co-workers,
14. Plaintiff SHANNON O'LEARY alleges that to obtain relief for herself and the
other Rule 23 Class Members, she seeks to establish the existence of systemic unlawful
15. Without certification of the Rule 23 Class, the same evidence and related legal
issues would be subject to a multitude of individual lawsuits in different forums with the
16. Plaintiff SHANNON O'LEARY alleges that certification of the Rule 23 Class is
the most efficient means of presenting the evidence and arguments necessary to resolve the
underlying issues for them, the other Rule 23 Class Members, and Defendant NEW YORK
17. The claims alleged on behalf of the Rule 23 Class Members raise questions of
law and facts common to each of the Rule 23 Class Members. These questions include inter
alia, whether within the NYCDOE coworkers, supervisors, managers and/or executives:
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19. Plaintiff SHANNON O'LEARY is a member of the Rule 23 Class she seeks to
represent.
20. Plaintiff SHANNON O'LEARY alleges that her claims are typical of the claims
of the Rule 23 Class in that they all arise from the same unlawful patterns, practices and/or
policies within the NYCDOE, and are based on the legal theory that these patterns, practices
and/or policies violate legal rights protected by federal, state and local law.
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21. Plaintiff SHANNON O'LEARY allege that she and the other Rule 23 Class
Members are each the victim of unlawful adverse employment decisions within the NYCDOE
22. The relief Plaintiff SHANNON O'LEARY seek for the unlawful patterns,
practices and/or policies within the NYCDOE is typical of the relief which is sought on behalf of
23. Plaintiff SHANNON O'LEARY alleges that the pregnancy discrimination she
24. Within the NYCDOE, female employees who are or have been pregnant are
25. The workplace culture has affected Plaintiff SHANNON O'LEARY and the other
26. Plaintiff SHANNON O'LEARY alleges that she and the other Rule 23 Class
Members have been affected in the same or similar ways by the NYCDOE'S failure to
investigate claims of pregnancy discrimination and its failure to promulgate and enforce
adequate procedures designed to detect, monitor, and correct this pattern and practice of
pregnancy discrimination.
27. The relief necessary to remedy the legal claims of Plaintiff SHANNON
28. Plaintiff SHANNON O'LEARY request individually and on behalf of the other
29. The request for a declaratory judgment is the same for Plaintiff SHANNON
O'LEARY individually and the other Rule 23 Class Members, namely, that within the NYCDOE
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protocols that disfavors female employees that require accommodations due to pregnancy related
complications or employees that will need or choose to express milk during work hours.
30. The request for injunctive relief is the same for Plaintiff SHANNON O'LEARY
individually and the other Rule 23 Class Members, namely, that a permanent injunction is
ordered against these discriminatory practices, as well as an order for injunctive relief that
mandates new policies and practices within the NYCDOE that cease such continuing pregnancy
discrimination and ensures that such complaints will no longer be ignored or marginalized.
32. The interests of Plaintiff SHANNON O'LEARY is the same as those of the other
Rule 23 Class Members that she seeks to represent in the instant case.
33. Plaintiff SHANNON O'LEARY is willing and able to represent the Rule 23 Class
Members fairly and vigorously as she pursues her similar individual claims.
34. Plaintiff SHANNON O'LEARY have retained counsel who is qualified and
experienced in handling complex employment and civil rights matters, and is able to meet the
time and fiscal demands necessary to litigate a class action of this size.
O'LEARY and her counsel to competently litigate the individual and the Rule 23 Class claims
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36. Without class certification, the same evidence and related legal issues would be
37. Specifically, evidence of the NYCDOE'S patterns, practices and/or policies, and
the issue of whether they are in violation of federal, state and local law would be repeatedly
litigated.
38. Accordingly, certification of the proposed Rule 23 Classes is the most efficient
and judicious means of presenting the evidence and legal arguments necessary to resolve such
questions for Plaintiff SHANNON O'LEARY, the other Rule 23 Class Members and the
NYCDOE.
39. Plaintiff SHANNON O'LEARY alleges that on behalf of herself and the other
Rule 23 Class Members, within the NYCDOE the management promulgated and enforced rules
that led to systemic patterns, practices and/or policies that are discriminatory towards pregnant
female employees and nursing mothers that need or choose to express milk during work hours.
40. These discriminatory acts are not sporadic or isolated, and must be addressed
through final injunctive and declaratory relief with respect to Plaintiff SHANNON O'LEARY
41. Declaratory and injunctive relief flow directly and automatically from proof of the
common questions of law and fact regarding the existence of systemic pregnancy discrimination
42. Declaratory and injunctive relief are the factual and legal predicates for Plaintiff
SHANNON O'LEARY and the other Rule 23 Class Members' entitlement to monetary and non-
monetary remedies necessary to address the discriminatory conduct within the NYCDOE.
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43. Accordingly, injunctive and declaratory relief is among the predominant forms of
44. The common issues of fact and law affecting the Rule 23 Class claims, including,
but not limited to, the common issues identified in the paragraphs above, predominate over
45. A class action is superior to other available means for the fair and efficient
adjudication of Plaintiff SHANNON O'LEARY'S claims and the claims of the other Rule 23
Class Members.
46. The cost of proving within the NYCDOE'S pattern and practice of pregnancy
discrimination makes it impractical for the Rule 23 Class Members to pursue their claims
individually.
47. In the alternative, the Court may grant partial or issue certification pursuant to
Rule 23(c)(4). Resolving common questions of fact and law would serve to materially advance
48. Plaintiff SHANNON O'LEARY allege that this federal complaint is filed to
exhaust all class-based disparate treatment, class-based disparate impact, and all other class-
based claims actionable within the NYCDOE under federal, state, and local laws that prohibit
including Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. §§
2000e, et seq.
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49. Plaintiff SHANNON O'LEARY files this federal complaint on behalf of herself
and all other Rule 23 Class Members appointed2 to the New York City Department of Education
("NYCDOE") who claim that since August 15, 2007, Defendant NEW YORK CITY
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents have
engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with
physical limitations, equipment changes or modifications, assignments to ensure their legal right to
express milk during work hours is protected and a proper location to express milk.
50. Plaintiff SHANNON O'LEARY allege that through this federal complaint she and
the other Rule 23 Class Members appointed to the NYCDOE, seek all injunctive, equitable, legal,
monetary, punitive, and/or other forms of relief that are available under federal, state, and local
laws that prohibit sex discrimination (including the Pregnancy Discrimination Act of 1978) in
employment, including Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42
51. Plaintiff SHANNON O'LEARY allege that this federal complaint intends to toll
the Statute of Limitations for she and the other Rule 23 Class Members appointed to the
NYCDOE who may have similar claims and to piggy-back on any prior charges that other
2 For the purposes of this litigation, includes all uniformed and non-uniformed female employees of the NYCDOE.
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52. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
See generally ARTHUR C. GUYTON, TEXTBOOK OF MED. PHYSIOLOGY 1039-40 (2006) (describing
53. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
employee may raise an inference of unlawful discrimination. EEOC v. Houston Funding II, Ltd.,
717 F.3d 425 (5th Cir. 2013) (lactation is a related medical condition of pregnancy for purposes
of the PDA, and an adverse employment action motivated by the fact that a woman is lactating
clearly imposes upon women a burden that male employees need not suffer).
54. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
to continue producing an adequate milk supply and to avoid painful complications associated
with delays in expressing milk,3 a nursing mother will typically need to breastfeed or express
breast milk using a pump two or three times over the duration of an eight-hour workday.
SERVS., https://www.womenshealth.gov/breastfeeding.
55. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
an employee must have the same freedom to address such lactation-related needs that she and her
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56. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
because only women lactate, a practice that singles out lactation or breastfeeding for less
57. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
it would violate Title VII for the NYCDOE through its agents to freely permit employees to use
58. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, under New York State Labor Law 206-c, the NYCDOE is required to
provide reasonable unpaid break time or permit an employee to use paid break time or meal time
each day to allow an employee to express breast milk for her nursing child for up to three years
59. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
the NYCDOE is required to make reasonable efforts to provide a room or other location, near the
60. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents have
engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with
physical limitations, equipment changes or modifications, assignments to ensure their legal right to
express milk during work hours is protected and a proper location to express milk.
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61. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, they have had to express milk in-front of other male and female
employees, pump in a female bathroom, pump in the classroom, pump in other department
62. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since March 23, 2010, 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"), the NYCDOE is required 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
63. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since March 23, 2010, under the Affordable Care Act, the NYCDOE is 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).
64. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since March 23, 2010, 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).
65. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
on or about October 2, 2013, the City of New York enacted Local Law 78, the Pregnant Workers
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employee for her pregnancy, childbirth, or related medical condition," without necessitating that
66. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the Pregnant Workers Fairness Act of 2014, employees may request accommodations
based on pregnancy, childbirth, or related medical condition even if their medical condition does
67. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the Pregnant Workers Fairness Act of 2014, places limitations upon the NYCDOE'S
ability to limit the amount of time for nursing mothers to express milk unless they can establish
68. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the Pregnant Workers Fairness Act of 2014, the NYCDOE must provide a clean and
private area, other than a bathroom, and must provide a refrigerator to store breast milk in the
workplace.
69. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the Pregnant Workers Fairness Act of 2014, it requires that the NYCDOE permit nursing
mothers to "express milk at their usual work station ... so long as it does not create an undue
hardship for the NYCDOE, regardless of whether a coworker, [supervisor, manager or executive
expresses discomfort.]"
70. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
on or about November 18, 2018, Local Law No.: 185, amended the New York City
Administrative Code § 8-107, requiring the NYCDOE to provide: (1) a lactation room in
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reasonable proximity to such employee's work area; and (2) a refrigerator suitable for breast
71. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
on or about November 18, 2018, Local Law No.: 186, amended the New York City
Administrative Code § 8-107, requiring the NYCDOE to develop and implement a written policy
regarding the provision of a lactation room, which shall be distributed to all employees upon
hiring. The policy shall include a statement that employees have a right to request a lactation
room, and identify a process by which employees may request a lactation room.
72. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents failed to
protect nursing mothers' permanent work assignments upon return from maternity leave.
73. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege
since August 15, 2007, nursing mothers choose to take extended leaves of absence without pay
to protect their legal right to express milk because the NYCDOE through its agents Defendants'
CARRANZA and their agents does not accommodate them negatively impacting their career
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74. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents failed to
accommodate nursing mothers with work assignments conducive to ensure their physical and
75. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents failed to
ensure nursing mothers are active partners during the interactive process to accommodate their
requests.
76. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents failed to'
ensure the workplace is free of hostilities, ridicule and shame from coworkers, supervisors,
77. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
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M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents failed to
ensure the workplace is free of retaliatory actions such as changed assignments upon return from
maternity leave, changes of assignments, meals denials, etc., thus ensuring the employee's
inability to express milk during work hours, etc., from coworkers, supervisors, managers and
78. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents assigned
79. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents assigned
80. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
17
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M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents assigned
to the NYCDOE Human Resources failed to ensure compliance with federal, state and local laws
81. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents assigned
to the NYCDOE Office of the General Counsel failed to ensure compliance with federal, state
and local laws regarding the rights of nursing mothers rights in the workplace.
82. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that'
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
M. WALCOTT; CARMEN FARINA and RICHARD A. CARRANZA and their agents are not
in compliance with federal, state and local laws that protects nursing mothers legal rights in the
workplace.
THE PARTIES
DEFENDANTS'
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employer, for the purposes of this litigation, Plaintiff SHANNON O'LEARY and the other Rule
23 Class Members at times will make reference to their assigned agency which is the
NYCDOE.
York.
Administrative Services.
91. Defendant JOEL I. KLEIN, as Former Chancellor — New York City Department of
Education.
Department of Education.
Department of Education.
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Department of Education.
Department of Education.
51.
PDA Coverage
98. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
the Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of
1964.
99. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the PDA, discrimination based on pregnancy, childbirth, or related medical conditions
100. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the PDA, women affected by pregnancy or related conditions must be treated in the same
manner as other applicants or employees who are similar in their ability or inability to work.
101. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
Also, the same or similar analysis applies under New York State Executive Law § 296 and Pregnant Workers
Fairness Act (PWFA).
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See generally ARTHUR C. GUYTON, TEXTBOOK OF MED. PHYSIOLOGY 1039-40 (2006) (describing
102. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
employee may raise an inference of unlawful discrimination. EEOC v. Houston Funding II, Ltd.,
717 F.3d 425 (5th Cir. 2013) (lactation is a related medical condition of pregnancy for purposes
of the PDA, and an adverse employment action motivated by the fact that a woman is lactating
clearly imposes upon women a burden that male employees need not suffer).
103. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
to continue producing an adequate milk supply and to avoid painful complications associated
with delays in expressing milk,5 a nursing mother will typically need to breastfeed or express
breast milk using a pump two or three times over the duration of an eight-hour workday.
SERVS., https://www.womenshealth.gov/breastfeeding.
104. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
an employee must have the same freedom to address such lactation-related needs that she and her
105. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
because only women lactate, a practice that singles out lactation or breastfeeding for less
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106. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
it would violate Title VII for Defendants' NEW YORK CITY DEPARTMENT OF
CARRANZA and their agents to freely permit employees to use break time for personal reasons
Disparate Treatment
107. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' NEW YORK CITY
FARINA and RICHARD A. CARRANZA and their agents have engaged in a pattern, practice
and policy of failing and refusing to provide nursing mothers with reasonable accommodations
such as return to work assignments, assignments conducive to their physical limitations, equipment
changes or modifications, assignments to ensure their legal right to express milk during work hours
108. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer is required but, does not inform nursing
mothers of their legal rights such as their right to take unpaid leave for pumping breast milk by
6 Also, the same or similar analysis applies under New York State Executive Law § 296 and Pregnant Workers
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placing a public poster in the workplace, promulgate a policy within the NYCDOE or notifying the
109. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that they may take break time to pump breast milk at work for up to three years following
110. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
111. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
112. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that they must be allowed more time if they need it.
113. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not allow nursing
mothers to take breaks at least once every three hours to pump breast milk.
114. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that they may take these breaks right before or after their regularly scheduled paid break or
meal periods.
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115. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that if they take breaks to pump breast milk, it cannot deduct that time from her regular
116. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers they are entitled to work before or after their normal shifts to make up for the break time
they take to pump breast milk, as long as that time falls within the employer's normal work hours.
117. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers they have the option of using their regular paid break or meal time to pump breast milk, but
118. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers it is required to provide employees with a private room or other location close to the
employee's work area where they can pump breast milk, unless it would be extremely difficult for it
to do so.
119. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers if it cannot provide a dedicated lactation room, a temporarily vacant room may be used
instead.
120. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
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mothers as a last resort, a cubicle can be used, but it must be fully enclosed with walls at least seven
feet tall.
121. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers the room or location provided by an employer to pump breast milk cannot be a restroom or
toilet stall.
122. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that the place where employees pump breast milk must contain a chair and small table or
123. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that New York State Department of Labor encourages employers to provide, in addition, an
electrical outlet, clean water supply, and access to a refrigerator where nursing mothers can store
pumped milk.
124. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that the room or place provided by the employer cannot be open to other employees,
125. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers it should have a door with a functional lock, or in the case of a cubicle, a sign warning the
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126. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that employers may not discriminate or retaliate in any way against any employee who
chooses to pump breast milk in the workplace or who files a complaint with the New York State
Department of Labor.
127. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE as an employer, is required but does not inform nursing
mothers that any party may file a confidential complaint with the United States Equal Employment
Opportunity Commission, United States Department of Labor and/or the New York State
Department of Labor's Division of Labor Standards, New York State Division of Human Rights or
New York City Commission on Human Rights alleging non-compliance with the law.
128. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since March 23, 2010, 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"), the NYCDOE is required 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
129. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since March 23, 2010, under the Affordable Care Act, the NYCDOE is 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).
130. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since March 23, 2010, under the Affordable Care Act, the FLSA requirement of break time for
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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).
131. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, Defendants' NEW YORK CITY DEPARTMENT OF EDUCATION;
CARRANZA and their agents have failed to promulgate a written policy and distribute it
132. Plaintiff VANESSA FEELY alleges that since August 15, 2007, Defendants' NEW
CARMEN FARINA and RICHARD A. CARRANZA and their agents instead have implemented
133. Plaintiff SHANNON O'LEARY alleges that employer policies that do not facially
discriminate based on pregnancy may nonetheless violate this provision of the PDA where they
strong justification. See Young v. United Parcel Serv., Inc., --- U.S. ---, 135 S.Ct. 1338, 1354-55
(2015).
134. Plaintiff SHANNON O'LEARY alleges that Defendant NEW YORK CITY
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are eligible to request an accommodation for time and a private space to express breast milk."
135. Plaintiff SHANNON O'LEARY alleges that Defendant NEW YORK CITY
and female employees who are not nursing mothers to 'formally' request an 'accommodation' to
136. Plaintiff SHANNON O'LEARY alleges that Defendant NEW YORK CITY
and female employees who are not nursing mothers to account for the 'necessity' to take a
137. Plaintiff SHANNON O'LEARY alleges that since August 15, 2007, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' NEW
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CARMEN FARINA and RICHARD A. CARRANZA and their agents are not in compliance
under federal, state and local laws that protects nursing mothers with reasonable break times and a
138. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
under the PDA, an employer must provide a work environment free of harassment based on
139. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
140. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
liability can result from the conduct of a supervisor, coworkers, or non-employees such as
customers or business partners over whom the employer has some contro1.7
141. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
as nursing mothers reasonable accommodations they are routinely denied favorable return to work
modifications, assignments to ensure their legal right to express milk during work hours is protected
142. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
as nursing mothers their coworkers, supervisors, managers and/or executives subjected them to
jeers, sarcastic comments, ostracization, ridicule, extra supervision, extra burdens to document
' For more detailed guidance on what constitutes unlawful harassment and when employers can be held liable for unlawful
harassment, see EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (June 18,
1999), available at http://www.eeoc.Qov/policy/dots/harassment.html• Enforcement Guidance on Harris v. Forklift Sys., Inc. (Mar, 8,
1994), available at http://www.eeoc.dov/policv/docs/harris.html; EEOC Policy Guidance on Current Issues of Sexual
Harassment (Mar. 19,1990), available at http://www.eeoc.dov/policv/docs/currentissues.html; 29 C.F.R. § 1604.11.
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143. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
their coworkers, supervisors, managers and/or executives subjected them to this harassment
144. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
the harassment caused them to experience severe engorgement, Mastitis, emotional distress,
postpartum depressions, cessation of their milk supply and other related medical conditions.
Retaliation
145. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
since August 15, 2007, the NYCDOE through its agents Defendants' MICHAEL RUBENS
mothers to meals denials, etc., designed to quiet them, resign and/or frustrate their ability to
INDIVIDUAL CLAIMS
146. Plaintiff SHANNON O'LEARY alleges that on or about September 8, 2009, she
contained Special Education Teacher assigned to the Edwin Markham Intermediate School 51
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147. Plaintiff SHANNON O'LEARY alleges that prior to her assignment, she was a
EDUCATION.
148. Plaintiff SHANNON O'LEARY alleges that since September 8, 2009, she is
149. Plaintiff SHANNON O'LEARY alleges that in or around the first week of
150. Plaintiff SHANNON O'LEARY alleges that she worked for the next three (3)
weeks against her physician's instructions because Defendant NEW YORK CITY
151. Plaintiff SHANNON O'LEARY alleges that on or about September 21, 2014, she
went on maternity leave exhausting her accumulated sick days, then utilized twenty-five (25)
days borrowed from her spouse paid at a rate of 2 for 1, because Defendant NEW YORK CITY
152. Plaintiff SHANNON O'LEARY alleges that on or about December 1, 2014, she
153. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since December 1, 2014, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA 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
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has experienced severe engorgement, Mastitis, Emotional Distress and a significant reduction of
154. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, December 1, 2014, Defendant NEW
MELE and JESSE ANN PIRRAGLIA has failed and refused to provide her and other similarly
situated female employees who are nursing mothers with a proper location to express milk.
155. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since December 1, 2014, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA 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
has to pump in an available bathroom, transgender student bathroom, empty classroom or other
office area.
156. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since December 1, 2014, on more
157. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since December 1, 2014, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
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MELE and JESSE ANN PIRRAGLIA 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
158. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since December 1, 2014, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA then constantly monitored her for completion, meanwhile
her male co-workers are not treated in such manner while taking a personal break.
159. Plaintiff SHANNON O'LEARY alleges that after several engorgements and other
painful while assigned to the Edwin Markham Intermediate School 51 located in Staten Island,
through its agents Defendants' BILL de BLASIO; LISETTE CAMILO; CARMEN FARINA;
constantly monitored her for completion, meanwhile her male co-workers are not treated in such
160. Plaintiff SHANNON O'LEARY alleges that after three (3) months of inadequate
clogged ducts, blisters and emotional distress, she decided to cease expressing milk.
161. Plaintiff SHANNON O'LEARY alleges that in or around July 2018, while
through Defendants' NICHOLAS MELE and JESSE ANN PIRRAGLIA to explain the policy
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162. Plaintiff SHANNON O'LEARY alleges that Defendant NEW YORK CITY
PIRRAGLIA told her that there was no policy regarding maternity leave.
163. Plaintiff SHANNON O'LEARY alleges that unsatisfied with such an answer, she
contacted her bargaining agent, the United Federation of Teachers (UFT) and had a conversation
164. Plaintiff SHANNON O'LEARY alleges that Mr. Lee confirmed there was no
165. Plaintiff SHANNON O'LEARY alleges that a review of Defendant NEW YORK
CITY DEPARTMENT OF EDUCATION'S Employee Manual and Intranet confirmed there was
166. Plaintiff SHANNON O'LEARY alleges that on or about September 1, 2018, she
went on maternity leave exhausting her accumulated sick days, then utilized approximately 6
weeks of compensation time granted through the UFT because Defendant NEW YORK CITY
167. Plaintiff SHANNON O'LEARY alleges that on or about November 1, 2018, she
168. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA 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
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has experienced severe engorgement, Mastitis, Emotional Distress and a significant reduction of
169. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA has failed and refused to provide her and other similarly
situated female employees who are nursing mothers with a proper location to express milk.
170. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA and JESSE ANN PIRRAGLIA 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 has to pump in an available bathroom, transgender student
171. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, on more
than one occasion Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its
agents Defendants' NICHOLAS MELE and JESSE ANN PIRRAGLIA have told her "There are
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172. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, on more
than one occasion while expressing milk, co-workers and students interrupted her.
173. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents Defendants' BILL de
MELE and JESSE ANN PIRRAGLIA 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
174. Plaintiff SHANNON O'LEARY alleges that while assigned to the Edwin
Markham Intermediate School 51 located in Staten Island, since November 1, 2018, Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION through its agents BILL de BLASIO;
and JESSE ANN PIRRAGLIA then constantly monitored her for completion, meanwhile her
male co-workers are not treated in such manner while taking a personal break.
COUNT I
PREGNANCY DISCRIMINATION
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
175. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges Paragraphs1
through 174 and incorporates them by reference as Paragraphs 1 through 174 of Count I of this
Complaint.
176. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
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Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its agents engaged in
a pattern and practice of pregnancy discrimination against them with respect to the terms,
177. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
Defendant NEW YORK CITY DEPARTMENT OF EDUCATION knew or should have known
about pregnancy discrimination in the workplace because of their prior history of discriminatory
conduct.
178. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
179. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
systematic pattern of oppression, bad faith and cover-up, from in or around August 15, 2007, to
this day.
180. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
the acts of Defendant NEW YORK CITY DEPARTMENT OF EDUCATION under color of law
depressions, cessation of their milk supply and other related medical conditions, incur significant
COUNT II
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
181. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges
Paragraphs 1 through 180 and incorporates them by reference as Paragraphs 1 through 180 of
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182. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its agents engaged in
various cruel and hostile actions towards them with respect to the terms, conditions and
183. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
the cruel and hostile acts of Defendant NEW YORK CITY DEPARTMENT OF EDUCATION
through its agents under color of law caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
COUNT III
RETALIATION
IN VIOLATION OF
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
184. PlaintiffSHANNON O'LEARY and the other Rule 23 Class Members re-alleges Paragraphs 1
through 183 and incorporates them by reference as Paragraphs 1 through 183 of Count III of this
Complaint.
185. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its agents engaged in
various retaliatory actions against them for opposing pregnancy discrimination and filing such
complaints with its agents, the NYCDOE Office of Equal Employment Opportunity and the
EEOC.
186. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
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EDUCATION through its agents under color of law caused them to experience severe
engorgement, Mastitis, emotional distress, postpartum depressions, cessation of their milk supply
and other related medical conditions, incur significant legal costs, damage to their personal and
professional reputation.
COUNT IV.
PREGNANCY DISCRIMINATION
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
187. PlaintiffSHANNON O'LEARY and the other Rule 23 Class Members re-alleges Paragraphs 1
through 186 and them by reference as Paragraphs 1 through 186 of Count IV of this Complaint.
188. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
outrageous and systematic pattern of pregnancy discrimination, oppression, bad faith and cover-
up, directed at them from in or around August 15, 2007, to this day.
189. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA acting individually and in
their official capacities as a public officials of Defendant NEW YORK CITY DEPARTMENT
OF EDUCATION under color of law, and having been fully advised that they are being deprived
of their constitutional rights, either acted in a concerted, malicious intentional pattern to further
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discriminate against them, or knowing such pregnancy discrimination was taking place,
190. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA under color of law caused
cessation of their milk supply and other related medical conditions, incur significant legal costs,
COUNT V
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
191. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges
Paragraphs 1 through 190 and incorporates them by reference as Paragraphs 1 through 190 of
192. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
outrageous and systematic pattern of pregnancy discrimination, hostility, oppression, bad faith
and cover-up, directed at them with respect to the terms, conditions and privileges of
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193. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA acting individually and in
their official capacities as a public officials of Defendant NEW YORK CITY DEPARTMENT
OF EDUCATION under color of law, and having been fully advised that they are being deprived
of their constitutional rights, either acted in a concerted, malicious intentional pattern to further
discriminate against them, or knowing such pregnancy discrimination was taking place,
194. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA under color of law caused
cessation of their milk supply and other related medical conditions, incur significant legal costs,
COUNT VI
RETALIATION
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
195. PlaintiffSHANNON O'LEARY and the other Rule 23 Class Members re-alleges Paragraphs 1
through 194 and incorporates them by reference as Paragraphs 1 through 194 of Count VI of this
Complaint.
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196. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
outrageous and systematic pattern of pregnancy discrimination, hostility, oppression, bad faith
and cover-up, directed at them from in or around August 15, 2007, to this day.
197. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members allege that
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA acting individually and in
their official capacities as a public officials of Defendant NEW YORIC CITY DEPARTMENT
OF EDUCATION under color of law, and having been fully advised that they are being deprived
of their constitutional rights, either acted in a concerted, malicious intentional pattern to retaliate
against them for opposing pregnancy discrimination and filing such complaints with its agents,
198. Plaintiff SHANNON O'LEARYandthe other Rule 23 Class Members allege that Defendants'
CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA under color of law caused
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cessation of their milk supply and other related medical conditions, incur significant legal costs,
COUNT VII
MONELL CLAIM
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1983
199. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges
Paragraphs 1 through 198 and incorporates them by reference as Paragraphs 1 through 198 of
200. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its agents
201. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
`official and un-official' policies of supporting pregnancy discrimination and related claims
202. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its agents
203. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that Defendant NEW YORK CITY DEPARTMENT OF EDUCATION through its agents
depressions, cessation of their milk supply and other related medical conditions, incur significant
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COUNT VIII
PREGNANCY DISCRIMINATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
204. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges
Paragraphs 1 through 203 and incorporates them by reference as Paragraphs 1 through 203 of
205. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that New York State Executive Law § 296, makes it unlawful to discriminate against any
206. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
207. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that as a direct and proximate result of the unlawful employment practices of Defendants' NEW
PIRRAGLIA, they suffered the indignity of pregnancy discrimination and great humiliation.
208. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
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JESSE ANN PIRRAGLIA'S violations caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
COUNT IX
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
209. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges
Paragraphs 1 through 208 and incorporates them by reference as Paragraphs 1 through 208 of
210. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that New York State Executive Law § 296, makes it unlawful to discriminate against any
211. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that the law also makes it unlawful to create an atmosphere where hostilities are encouraged
and/or tolerated.
212. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
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JESSE ANN PIRRAGLIA engaged in various hostile actions against them based upon their
gender.
213. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that as a direct and proximate result of the unlawful employment practices of Defendants' NEW
214. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA'S violations caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
COUNT X
RETALIATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
215. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges Paragraphs 1
through 214 and incorporates them by reference as Paragraphs 1 through 214 of Count X of this
Complaint.
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216. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that New York State Executive Law § 296, makes it unlawful to discriminate against any
217. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that the law also makes it unlawful to create an atmosphere where retaliation is encouraged
and/or tolerated.
218. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA engaged in various retaliatory actions against them for opposing
pregnancy discrimination and filing such complaints with its agents, the NYCDOE Office of
219. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that as a direct and proximate result of the unlawful employment practices of Defendants' NEW
PIRRAGLIA, they suffered the indignity of pregnancy discrimination and great humiliation.
220. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
47
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JESSE ANN PIRRAGLIA'S violations caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
COUNT XI
PREGNANCY DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
221. Plaintiff SHANNON O'LEARY and-the other Rule 23 Class Members re-alleges Paragraphs1
through 220 and incorporates them by reference as Paragraphs 1 through 220 of Count XI of this
Complaint.
222. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that New York City Administrative Code § 8-107, makes it unlawful to discriminate against any
223. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
224. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that as a direct and proximate result of the unlawful employment practices of Defendants' NEW
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PIRRAGLIA, they suffered the indignity of pregnancy discrimination and great humiliation.
225. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA'S violations caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
COUNT XII
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
226. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges
Paragraphs 1 through 225 and incorporates them by reference as Paragraphs 1 through 225 of
227. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that New York City Administrative Code § 8-107, makes it unlawful to discriminate against any
228. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
49
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that the law also makes it unlawful to create an atmosphere where hostilities are encouraged
and/or tolerated.
229. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA engaged in various hostile actions against them based upon their
gender.
230. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that as a direct and proximate result of the unlawful employment practices of Defendants' NEW
231. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA'S violations caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
50
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medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
COUNT XIII
RETALIATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
232. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members re-alleges Paragraphs1
through 231 and incorporates them by reference as Paragraphs 1 through 231 of Count XIII of
this Complaint.
233. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that New York City Administrative Code § 8-107, makes it unlawful to discriminate against any
234. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that the law also makes it unlawful to create an atmosphere where retaliation is encouraged
and/or tolerated.
235. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA engaged in various retaliatory actions against them for opposing
pregnancy discrimination and filing such complaints with its agents, the NYCDOE Office of
236. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
that as a direct and proximate result of the unlawful employment practices of Defendants' NEW
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PIRRAGLIA, they suffered the indignity of pregnancy discrimination and great humiliation.
237. Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members alleges
JESSE ANN PIRRAGLIA'S violations caused them to experience severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
medical conditions, incur significant legal costs, damage to their personal and professional
reputation.
JURY TRIAL
238. Plaintiff SHANNON O'LEARY andthe other Rule 23 Class Members demandsatrial by jury
WHEREFORE, Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members
pray that the Court enter an Order of Judgment in their favor and against Defendants' NEW
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A. An ORDER finding that the NYCDOE'S policies and practices violate Title VII
of the Civil Rights Act of 1964, New York State Executive Law § 296 and New York City
Administrative Code § 8-107, and enjoining Defendants' NEW YORK CITY DEPARTMENT
A. CARRANZA; NICHOLAS MELE and JESSE ANN PIRRAGLIA and their agents from
disabilities, pregnancy and expressing milk until such policies are re-written consistent with
prevailing law and final approval of the United States Department of Justice, United States Equal
Employment Opportunity Commission, New York State Division of Human Rights and the New
compensate Plaintiff SHANNON O'LEARY and the other Rule 23 Class Members for all
monetary and/or economic damages, including, but not limited to, severe engorgement, Mastitis,
emotional distress, postpartum depressions, cessation of their milk supply and other related
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medical conditions, legal costs, damage to their personal and professional reputation and other
benefits of employment;
O'LEARY and the other Rule 23 Class Members for all monetary and/or economic damages,
including, but not limited to, severe engorgement, Mastitis, emotional distress, postpartum
depressions, cessation of their milk supply and other related medical conditions, legal costs,
damage to their personal and professional reputation and other benefits of employment;
D. An award of costs that Plaintiff SHANNON O'LEARY and the other Rule 23
Class Members have incurred in this action, including, but not limited to, expert witness fees,
`reasonable' attorneys' fees and costs to the fullest extent permitted by law; and,
E. Such other and further relief as the Court may deem just and proper.
By: J
Eric Sanders (ES0224)
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