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FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFNEWYORK
-----------------------------------------------------------------------X
KEV1NSADOWSKI, )
) Plaintiff designates
Plaintiff, ) NewYork County as
) Place of Trial
-and- )
)
SUMMONS
NEWYORKCITY HOUSINGAUTHORITY; )
LISA BOVA-HIATT, as Chief Executive Officer )
Index No.
of the NewYork City Housing Authority; and )
CHARLESMCINNIS, )
)
Defendants. )
______________________________________________________________________x
To the above named Defendants:
YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a
copy of your Answer, or if the Complaint is not served with this Summons, to serve a notice of
appearance, on this Plaintiff's Attorneys within 20 days after service of this summons, exclusive
of the day of service (or within 30 days after the service is complete if this Summonsis not
personally delivered to you within the State of NewYork); and in case of your to appear
failure
or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Pursuant to Venue is set in NewYork County based on the fact that
CPLR§ 504(a),
plaintiff was employed by defendant NewYork City Housing Authority and defendant New
York City Housing Authority maintains its principal office in NewYork County, NewYork.
Date: NewYork, NewYork
June 11, 2024
GORDON,GORDON
& SCHNAPP,P.C.
Attorneys for Plaintiff
30 Broad - 21" Floor
Street
NewYork, NewYork 10022
(212) 355-3200
Defendants'
Addresses:
NewYork City Housing Authority
90 Church Street, #9
NewYork, NewYork 10007
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Lisa Bova-Hiatt
Chief Executive Officer
NewYork City Housing Authority
90 Church Street, #9
NewYork, NewYork 10007
Charles McInnis
282 Dumont Avenue
Brooklyn, NewYork 11212
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SUPREMECOURTOF THESTATEOFNEWYORK
COUNTYOFNEWYORK
_______________________________________________________________________Ç
KEVIN SADOWSKI, )
)
Plaintiff, ) COMPLAINT
)
-and- ) Index No.
)
NEWYORKCITY HOUSINGAUTHORITY; )
LISA BOVA-HIATT, as Chief Executive Officer )
of the NewYork City Housing Authority; and )
CHARLESMCINNIS, )
)
Defendants. )
______________________________________________________________________x
Plaintiff KEVIN SADOWSKI,by and through his attorneys Gordon, Gordon & Schnapp,
P.C., for his Complaint, states as follows:
Preliminary Statement
1. This action is commenced pursuant to the NewYork City HumanRights Law
[New York City Administrative Code ("Administrative Code") §§ 8-107 and 8-502]; the New
York State HumanRights Law [New York Executive Law ("Executive Law") § 290, et seq.];
and other applicable provisions of law, rules, and/or regulations. Plaintiff alleges that
Defendants and their agents, servants and employees: (i) caused Plaintiff to be subjected to a
hostile work environment because of his race; (ii) terminated Plaintiff's employment with the
NEWYORKCITY HOUSINGAUTHORITYbecause of his race and because of his protected
activity in complaining about the race discrimination to which he has been subjected; and (iii)
otherwise discriminated and retaliated against and mistreated Plaintiff. As a result of the
foregoing, Plaintiff has lost his employment, his salary, and other related employment benefits,
Defendants'
and has sustained extreme mental pain and anguish as a result of unlawful actions.
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Plaintiff seeks declaratory, injunctive, monetary, and other appropriate relief, including but not
necessarily limited to lost pay and compensatory and punitive damages, for the losses and
Defendants'
injuries he has sustained as a result of wrongful and unlawful actions. Plaintiff also
seeks attorney's fees and the costs of this action.
Jurisdiction and Venue
2. This Court has jurisdiction over this action pursuant to NewYork Civil Practice
Law and Rules § 301.
3. This action properly lies within NewYork County pursuant to CPLR§ 503
because, at all times relevant herein, Defendant NEWYORKCITY HOUSINGAUTHORITY
maintains its principal office in NewYork County.
4. Other than this litigation, there is no other complaint pending with any
administrative agency or court regarding the matters complained of in this Complaint.
Parties
5. Plaintiff KEVIN SADOWSKIis, and at all material times herein has been, a
citizen of the United States and a resident of the City and State of NewYork.
6. Plaintiff was at all material times herein through February 13, 2024 been,
employed by Defendant NEWYORKCITY HOUSINGAUTHORITY.
"employee"
7. During all material times herein, plaintiff herein was an as defined by
"person"
the NewYork State HumanRights Law [Executive Law § 292(6)]; and a within the
meaning and coverage of the NewYork City HumanRights Law [Administrative Code § 8-
102(1)].
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8. Upon information and belief, Defendant NEWYORKCITY HOUSING
AUTHORITY("NYCHA") is, and at all material times herein has been, a public development
corporation and a body corporate and politic.
9. Upon information and belief, at all material times herein Defendant NYCHAwas
"employer" Code § 8-101 and Executive Law §
an within the meaning of Administrative et seq.
292(5).
10. Upon information and belief, at all materials times herein, Defendant LISA
BOVA-HIATT, and/or her predecessors and successors, is and has been the Chief Executive
Officer of NYCHA. Defendant Bova-Hiatt is being sued herein in her official capacity. As
"employer" the meaning of
such, upon information and belief Defendant Bova-Hiatt is an within
the NewYork City and NewYork State HumanRights Laws.
11. Upon information and belief, at all material times herein, Defendant CHARLES
MCINNIS was an Assistant Resident Superintendent employed by NYCHAand an "employee"
and
"agent"
of NYCHAwithin the meaning of Administrative Code § 8-101 et seq. Defendant
McInnis is being sued herein in both his official and in his individual capacity.
12. At all material times herein, Defendant NYCHAemployed four (4) or more
persons for purposes of jurisdiction described in Administrative Code § 8-102(5) and Executive
Law § 292(5).
Factual Allegations
13. Plaintiff Sadowski is White.
14. Plaintiff Sadowski was hired as a Maintenance Worker by NYCHAon or about
March 27, 2023.
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15. During the time of his employment by NYCHA,Plaintiff was one of five
Maintenance Workers assigned to Tilden Houses. The other four Maintenance Workers assigned
to Tilden Houses during this period were African-American. All five of these maintenance
workers during this period reported directly to Defendant Charles McInnis, an Assistant Resident
Superintendent.
16. Defendant McInnis is African American.
17. During the time of Plaintiff's employment by NYCHA,each of the five
Maintenance Workers assigned to Tilden Houses was responsible for two (2) of the buildings
within that complex.
18. The two buildings to which Plaintiff Sadowski was assigned throughout the
period of his employment by NYCHAwere 305 Livonia Avenue and 340 Dumont Avenue.
19. Plaintiff's hours of work during the time of his employment by NYCHAwere
8:00 AMto 4:30 PMMonday through Friday.
20. Plaintiff had an excellent attendance record throughout his employment by
NYCHA.
21. Plaintiff's work performance during his employment by NYCHAwas always-
despite the contrary false reports by Defendant McInnis-at least satisfactory.
22. Throughout the time of his employment by NYCHA,Defendant McInnis
subjected Plaintiff to unwarranted abuse and harassment because of his race. Though Plaintiff
was consistently more productive than were any of the other four NYCHAMaintenance Workers
at Tilden Houses, he was repeatedly and publicly demeanedand falsely criticized by Defendant
McInnis in a manner calculated to humiliate Plaintiff, to cause Plaintiff mental anguish, and
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ultimately to cause the termination of Plaintiff's employment. Some, but by no means all, of
these instances of abuse by McInnis are explicitly referenced in this Complaint.
McInnis' behavior towards the four other non-White Maintenance Workers
23.
assigned to Tilden Houses was in stark contrast to the manner in which McInnis treated Plaintiff.
McInnis treated these other four non-White Maintenance Workers with respect while repeatedly
reflecting disdain and dislike for Plaintiff.
McInnis' toward was witnessed by
24. Defendant abusive behavior Plaintiff
numerous tenants as well as by other NYCHAemployees. Upon information and belief,
Defendant McInnis-in addition to the abuse to which he subjected Plaintiff to his face-also
made false and disparaging comments about Plaintiff in conversations with tenants at times when
Plaintiff was not present.
25. On those occasions when Plaintiff was supervised by someone other than
McInnis, he was treated well and received no complaints about his work.
McInnis' abuse of but were not
26. Examples of racially-based Plaintiff include,
limited to, the following:
(A) On July 17, 2023, Plaintiff informed McInnis that he had injured his back the
previous day. Plaintiff did not take a sick day despite his injury, but told McInnis that he might
be a little slower in completing tasks that day because of his injury. Instead of making any effort
to accommodate Plaintiff, McInnis yelled at him in response, and then assigned Plaintiff a high
volume of work that day, including eleven (11) assignments that required Plaintiff to go
underneath a sink and thus put additional strain on his already injured back. Upon information
and belief, McInnis assigned this onerous work to Plaintiff on July 17, 2023 because of
Plaintiff's race and with the intent of causing Plaintiff pain and/or making it difficult or
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impossible to finish his assigned tasks that day. Nonetheless, Plaintiff completed all his assigned
tasks on July 17, 2023. Upon information and belief, none of the other non-White Maintenance
Workers were ever treated in such a manner by McInnis;
(B) On July 25, 2023, severe thunderstorms-later referred to as a micro-burst-hit
Brooklyn. Because of the heavy downpour and the risks associated with falling trees and heavy
winds, unlike Plaintiff all of the other non-White Maintenance Workers were permitted to come
inside for shelter. Plaintiff, however, was assigned by McInnis to handle a job that required him
to go outside and walk a considerable distance during the ferocious storm despite the risk this
McInnis'
represented to Plaintiff. Nevertheless, Plaintiff went outside on July 25, 2023 at
direction, got thoroughly soaked, and completed the assignment. Upon information and belief,
McInnis gave the aforesaid assignment to Plaintiff on July 25, 2023 because of Plaintiff's race;
(C) OnJuly 26, 2023, Plaintiff was subjected to racial abuse by two Tilden House
tenants. One of these incidents occurred in the presence of McInnis. Plaintiff asked McInnis
how he should report these incidents. McInnis did not respond to Plaintiff's requests and, upon
information and belief, did nothing to report the racial abuse that had occurred. Instead, he
assigned Plaintiff to return to one of these apartments on two further instances, potentially
subjecting Plaintiff to further abuse. The tenant in that apartment had said to Plaintiff on July 26,
F...out."
2023: "I hate F...ing White people...Get the Upon information and belief, McInnis
made these further assignments to Plaintiff because of Plaintiff's race and fully knowing the risks
these assignments posed for Plaintiff;
(D) OnAugust 30, 2023, Plaintiff was assigned by McInnis to do a plumbing job
under the kitchen sink in Apartment 16A at 340 Dumont Avenue. Because of extensive
problems with the plumbing in this apartment, this job required considerable time. Plaintiff
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worked as expeditiously as possible to correct the problem. Nonetheless, McInnis-for no
legitimate reason-came to the apartment and screamed at and berated Plaintiff in front of the
tenant for not having completed the job more expeditiously. This behavior by McInnis was
entirely unwarranted. McInnis behaved as he did towards Plaintiff on August 30, 2023 solely
McInnis' behavior
because of Plaintiff's race. The tenant was so shocked by that she told
Plaintiff that same day that she would be a witness for him if he sought redress for the manner in
which McInnis had treated him that day;
(E) OnWednesday, November 22, 2023, the day before Thanksgiving, McInnis
assigned several jobs ("tickets") to Plaintiff. One of these jobs (in Apartment 1E), as Plaintiff
discovered, involved exposed wires. McInnis gave Plaintiff inconsistent instructions concerning
the priority of the jobs and the order in which he wanted them done. WhenPlaintiff sent
McInnis photos of the exposed wires in Apartment 1E, McInnis directed Plaintiff to address that
problem first. Plaintiff complied with this direction, but was later berated by McInnis for not
apartment
Memo"
addressing a stove problem in a different first. In a "Counseling
dated December 4, 2023, McInnis falsely accused Plaintiff of not following his directions on
November 22, 2023;
(F) Also on WednesdayNovember 22, 2023, McInnis assigned Plaintiff a job at 3:20
PMthat was not in either of Plaintiff's buildings and that ordinarily would have been assigned to
a different Maintenance Worker. This job required Plaintiff to stay late (until 5:30 PM) that day
(i.e., the day before Thanksgiving). Upon information and belief, McInnis imposed this
assignment on Plaintiff because of Plaintiff's race. Upon information and belief, no non-White
Maintenance Worker at Tilden Houses was required to work late on November 22, 2023;
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(G) Onnumerous other occasions, McInnis assigned Plaintiff a ticket at the end of the
day for work in a building otherwise assigned to a different non-White Maintenance Worker. On
each such occasion, the assignment was for the purpose of harassing and abusing Plaintiff and
interfering with Plaintiff's life. Upon information and belief, these abusive assignments to
Plaintiff were based on Plaintiff's race;
(H) To give just one further example of late in the day assignments to jobs in a
building otherwise assigned another Maintenance Worker, on December 5, 2023, McInnis gave
Plaintiff two assignments at or about 2:44 PMin the building of another Maintenance Worker,
even though Plaintiff still had one assignment in one of his own buildings to complete that day.
By contrast, McInnis did not assign any non-White Maintenance Worker a new assignment at
any time on December 5, 2023 after 1:59 PMthat day;
(I) On December 26, 2023, the day after Christmas, McInnis issued an evaluation of
"Unsatisfactory."
Plaintiff that gave Plaintiff an overall rating of The only specific example of
less than satisfactory conduct by Plaintiff cited by McInnis in this racially biased evaluation was
the false December 4, 2023 write-up by McInnis relating to the above-referenced November 22,
2023 incident; and
(M) On January 19, 2024, McInnis screamed at Plaintiff for no legitimate reason. This
screaming was overheard by two other Maintenance Workers and two other NYCHAemployees.
Upon information and belief, McInnis subjected Plaintiff to such abuse because of Plaintiff's
race.
27. Onat least three occasions before January 25, 2024, Plaintiff complained to
NYCHAmanagementabout the abusive treatment he was receiving from McInnis. Defendants
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did not respond to these complaints and, upon information and belief, took no steps to protect
Plaintiff from the harassment he was receiving from McInnis.
28. On January 25, 2024, Plaintiff filed a complaint of race discrimination against
McInnis with NYCHA's Office of Diversity, Equity, and Inclusion ("ODEI") based on the
conduct alleged herein.
29. OnFebruary 1, 2024, Plaintiff appeared at the offices of NYCHA's ODEI to
discuss his complaint of race discrimination.
30. OnFebruary 13, 2024, Plaintiff was terminated from his position as a
Maintenance Worker by NYCHA.
31. Upon information and belief, Defendants terminated Plaintiff's employment on
February 13, 2024, in whole or in part, because of his race and/or because of his complaint of
race discrimination.
32. Upon information and belief, Defendants NYCHAand Bova-Hiatt terminated
Plaintiff's employment, in whole or in part, based upon negative information about Plaintiff and
negative evaluations of Plaintiff supplied by Defendant McInnis, even though Defendants
NYCHAand Bova-Hiatt knew or should have known that the information and ratings of Plaintiff
McInnis'
by McInnis were false and based in whole or in part on racial bias.
33. Upon information and belief, the negative information from McInnis concerning
Plaintiff that led to the termination of Plaintiff's employment on February 13, 2024 was the
McInnis' McInnis' animus against
result of racial bias towards Plaintiff and also Plaintiff for
McInnis'
filing an EEOcomplaint citing racially biased actions.
34. Upon information and belief, since Plaintiff had not yet completed one year's
service with NYCHA,he had no right to grieve the termination of his employment pursuant to
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the collective bargaining agreement between the union representing NYCHAMaintenance
Workers and NYCHA.
35. On February 15, 2024, the union representing Plaintiff filed a request with
NYCHAfor reconsideration of the termination of Plaintiff's employment.
36. Although Defendants NYCHAand Bova-Hiatt knew or should have known that
the reports by McInnis were tainted by racial bias and by retaliatory animus because of
Plaintiff's claim of race discrimination against McInnis, on February 23, 2024, NYCHA's ODEI
office rejected and dismissed his claims of race discrimination.
37. On March 15, 2024, Defendants rejected the request by Plaintiff's union to
reconsider the termination of Plaintiff's employment.
38. The adverse treatment of Plaintiff because of his race while he was employed by
NYCHAwas both humiliating and demeaning.
39. Based on the foregoing, Plaintiff was treated in an adverse and discriminatory
manner by Defendants because of his race and because of his protected conduct in complaining
about the race discrimination and hostile work environment to which he was subjected.
40. Plaintiff has been injured in his person, his mental health, his concept of self
Defendants'
worth, his professional future and otherwise, by reason of overt acts of
discrimination and retaliation.
41. As a direct and proximate result of defendants wrongful acts of discrimination
and/or retaliation, Plaintiff's rights have been violated. Plaintiff has lost benefits, career status
and advancement, and was, while employed by NYCHA,subjected to humiliation, abuse,
embarrassment, and extreme mental distress, and other injuries not yet fully ascertained.
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42. The action of Defendants in terminating Plaintiff's employment is final, and
Plaintiff has no administrative or contractual remedies available to seek redress therefrom.
43. Pursuant to and as required by Administrative Code § 8-502, Plaintiff will, within
10 days of filing of this Coniplaint with the Court, serve a copy of this Complaint upon the New
York City Commission on HumanRights and upon the NewYork City Corporation Counsel.
AS ANDFORA FIRST CAUSEOFACTION
44. Plaintiff re-alleges and reasserts each and every allegation contained in
paragraphs 1 through 43 as if fully set forth herein at length.
45. The actions of Defendants in subjecting Plaintiff to a hostile work environment
and/or permitting Defendant McInnis to subject Plaintiff to a hostile work environment because
of his race violated the NewYork City and NewYork State Human Rights laws and other
applicable provisions of law, rules and/or regulations.
46. As a direct and proximate result, Plaintiff suffered and continues to suffer, severe
mental anguish and emotional distress, including but not limited to, humiliation, embarrassment,
stress and anxiety, loss of self-esteem and self-confidence and emotional pain and suffering from
which Plaintiff is entitled to an award of damages.
AS ANDFORA SECOND
CAUSEOFACTION
47. Plaintiffs re-allege and reassert each and every allegation contained in paragraphs
1 through 46 as if fully set forth herein at length.
48. The actions of Defendants in terminating Plaintiff because of his race violated the
NewYork City and NewYork State HumanRights laws and other applicable provisions of law,
rules and/or regulations.
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49. Upon information and belief, Plaintiff has-at the very least-established a prima
facie
Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNEWYORK -----------------------------------------------------------------------X KEV1NSADOWSKI, ) ) Plaintiff designates Plaintiff, ) NewYork County as ) Place of Trial -and- ) ) SUMMONS NEWYORKCITY HOUSINGAUTHORITY; ) LISA BOVA-HIATT, as Chief Executive Officer ) Index No. of the NewYork City Housing Authority; and ) CHARLESMCINNIS, ) ) Defendants. ) ______________________________________________________________________x To the above named Defendants: YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your Answer, or if the Complaint is not served with this Summons, to serve a notice of appearance, on this Plaintiff's Attorneys within 20 days after service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this Summonsis not personally delivered to you within the State of NewYork); and in case of your to appear failure or answer, judgment will be taken against you by default for the relief demanded in the complaint. Pursuant to Venue is set in NewYork County based on the fact that CPLR§ 504(a), plaintiff was employed by defendant NewYork City Housing Authority and defendant New York City Housing Authority maintains its principal office in NewYork County, NewYork. Date: NewYork, NewYork June 11, 2024 GORDON,GORDON & SCHNAPP,P.C. Attorneys for Plaintiff 30 Broad - 21" Floor Street NewYork, NewYork 10022 (212) 355-3200 Defendants' Addresses: NewYork City Housing Authority 90 Church Street, #9 NewYork, NewYork 10007 1 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 Lisa Bova-Hiatt Chief Executive Officer NewYork City Housing Authority 90 Church Street, #9 NewYork, NewYork 10007 Charles McInnis 282 Dumont Avenue Brooklyn, NewYork 11212 2 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 SUPREMECOURTOF THESTATEOFNEWYORK COUNTYOFNEWYORK _______________________________________________________________________Ç KEVIN SADOWSKI, ) ) Plaintiff, ) COMPLAINT ) -and- ) Index No. ) NEWYORKCITY HOUSINGAUTHORITY; ) LISA BOVA-HIATT, as Chief Executive Officer ) of the NewYork City Housing Authority; and ) CHARLESMCINNIS, ) ) Defendants. ) ______________________________________________________________________x Plaintiff KEVIN SADOWSKI,by and through his attorneys Gordon, Gordon & Schnapp, P.C., for his Complaint, states as follows: Preliminary Statement 1. This action is commenced pursuant to the NewYork City HumanRights Law [New York City Administrative Code ("Administrative Code") §§ 8-107 and 8-502]; the New York State HumanRights Law [New York Executive Law ("Executive Law") § 290, et seq.]; and other applicable provisions of law, rules, and/or regulations. Plaintiff alleges that Defendants and their agents, servants and employees: (i) caused Plaintiff to be subjected to a hostile work environment because of his race; (ii) terminated Plaintiff's employment with the NEWYORKCITY HOUSINGAUTHORITYbecause of his race and because of his protected activity in complaining about the race discrimination to which he has been subjected; and (iii) otherwise discriminated and retaliated against and mistreated Plaintiff. As a result of the foregoing, Plaintiff has lost his employment, his salary, and other related employment benefits, Defendants' and has sustained extreme mental pain and anguish as a result of unlawful actions. 3 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 Plaintiff seeks declaratory, injunctive, monetary, and other appropriate relief, including but not necessarily limited to lost pay and compensatory and punitive damages, for the losses and Defendants' injuries he has sustained as a result of wrongful and unlawful actions. Plaintiff also seeks attorney's fees and the costs of this action. Jurisdiction and Venue 2. This Court has jurisdiction over this action pursuant to NewYork Civil Practice Law and Rules § 301. 3. This action properly lies within NewYork County pursuant to CPLR§ 503 because, at all times relevant herein, Defendant NEWYORKCITY HOUSINGAUTHORITY maintains its principal office in NewYork County. 4. Other than this litigation, there is no other complaint pending with any administrative agency or court regarding the matters complained of in this Complaint. Parties 5. Plaintiff KEVIN SADOWSKIis, and at all material times herein has been, a citizen of the United States and a resident of the City and State of NewYork. 6. Plaintiff was at all material times herein through February 13, 2024 been, employed by Defendant NEWYORKCITY HOUSINGAUTHORITY. "employee" 7. During all material times herein, plaintiff herein was an as defined by "person" the NewYork State HumanRights Law [Executive Law § 292(6)]; and a within the meaning and coverage of the NewYork City HumanRights Law [Administrative Code § 8- 102(1)]. 2 4 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 8. Upon information and belief, Defendant NEWYORKCITY HOUSING AUTHORITY("NYCHA") is, and at all material times herein has been, a public development corporation and a body corporate and politic. 9. Upon information and belief, at all material times herein Defendant NYCHAwas "employer" Code § 8-101 and Executive Law § an within the meaning of Administrative et seq. 292(5). 10. Upon information and belief, at all materials times herein, Defendant LISA BOVA-HIATT, and/or her predecessors and successors, is and has been the Chief Executive Officer of NYCHA. Defendant Bova-Hiatt is being sued herein in her official capacity. As "employer" the meaning of such, upon information and belief Defendant Bova-Hiatt is an within the NewYork City and NewYork State HumanRights Laws. 11. Upon information and belief, at all material times herein, Defendant CHARLES MCINNIS was an Assistant Resident Superintendent employed by NYCHAand an "employee" and "agent" of NYCHAwithin the meaning of Administrative Code § 8-101 et seq. Defendant McInnis is being sued herein in both his official and in his individual capacity. 12. At all material times herein, Defendant NYCHAemployed four (4) or more persons for purposes of jurisdiction described in Administrative Code § 8-102(5) and Executive Law § 292(5). Factual Allegations 13. Plaintiff Sadowski is White. 14. Plaintiff Sadowski was hired as a Maintenance Worker by NYCHAon or about March 27, 2023. 3 5 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 15. During the time of his employment by NYCHA,Plaintiff was one of five Maintenance Workers assigned to Tilden Houses. The other four Maintenance Workers assigned to Tilden Houses during this period were African-American. All five of these maintenance workers during this period reported directly to Defendant Charles McInnis, an Assistant Resident Superintendent. 16. Defendant McInnis is African American. 17. During the time of Plaintiff's employment by NYCHA,each of the five Maintenance Workers assigned to Tilden Houses was responsible for two (2) of the buildings within that complex. 18. The two buildings to which Plaintiff Sadowski was assigned throughout the period of his employment by NYCHAwere 305 Livonia Avenue and 340 Dumont Avenue. 19. Plaintiff's hours of work during the time of his employment by NYCHAwere 8:00 AMto 4:30 PMMonday through Friday. 20. Plaintiff had an excellent attendance record throughout his employment by NYCHA. 21. Plaintiff's work performance during his employment by NYCHAwas always- despite the contrary false reports by Defendant McInnis-at least satisfactory. 22. Throughout the time of his employment by NYCHA,Defendant McInnis subjected Plaintiff to unwarranted abuse and harassment because of his race. Though Plaintiff was consistently more productive than were any of the other four NYCHAMaintenance Workers at Tilden Houses, he was repeatedly and publicly demeanedand falsely criticized by Defendant McInnis in a manner calculated to humiliate Plaintiff, to cause Plaintiff mental anguish, and 6 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 ultimately to cause the termination of Plaintiff's employment. Some, but by no means all, of these instances of abuse by McInnis are explicitly referenced in this Complaint. McInnis' behavior towards the four other non-White Maintenance Workers 23. assigned to Tilden Houses was in stark contrast to the manner in which McInnis treated Plaintiff. McInnis treated these other four non-White Maintenance Workers with respect while repeatedly reflecting disdain and dislike for Plaintiff. McInnis' toward was witnessed by 24. Defendant abusive behavior Plaintiff numerous tenants as well as by other NYCHAemployees. Upon information and belief, Defendant McInnis-in addition to the abuse to which he subjected Plaintiff to his face-also made false and disparaging comments about Plaintiff in conversations with tenants at times when Plaintiff was not present. 25. On those occasions when Plaintiff was supervised by someone other than McInnis, he was treated well and received no complaints about his work. McInnis' abuse of but were not 26. Examples of racially-based Plaintiff include, limited to, the following: (A) On July 17, 2023, Plaintiff informed McInnis that he had injured his back the previous day. Plaintiff did not take a sick day despite his injury, but told McInnis that he might be a little slower in completing tasks that day because of his injury. Instead of making any effort to accommodate Plaintiff, McInnis yelled at him in response, and then assigned Plaintiff a high volume of work that day, including eleven (11) assignments that required Plaintiff to go underneath a sink and thus put additional strain on his already injured back. Upon information and belief, McInnis assigned this onerous work to Plaintiff on July 17, 2023 because of Plaintiff's race and with the intent of causing Plaintiff pain and/or making it difficult or 5 7 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 impossible to finish his assigned tasks that day. Nonetheless, Plaintiff completed all his assigned tasks on July 17, 2023. Upon information and belief, none of the other non-White Maintenance Workers were ever treated in such a manner by McInnis; (B) On July 25, 2023, severe thunderstorms-later referred to as a micro-burst-hit Brooklyn. Because of the heavy downpour and the risks associated with falling trees and heavy winds, unlike Plaintiff all of the other non-White Maintenance Workers were permitted to come inside for shelter. Plaintiff, however, was assigned by McInnis to handle a job that required him to go outside and walk a considerable distance during the ferocious storm despite the risk this McInnis' represented to Plaintiff. Nevertheless, Plaintiff went outside on July 25, 2023 at direction, got thoroughly soaked, and completed the assignment. Upon information and belief, McInnis gave the aforesaid assignment to Plaintiff on July 25, 2023 because of Plaintiff's race; (C) OnJuly 26, 2023, Plaintiff was subjected to racial abuse by two Tilden House tenants. One of these incidents occurred in the presence of McInnis. Plaintiff asked McInnis how he should report these incidents. McInnis did not respond to Plaintiff's requests and, upon information and belief, did nothing to report the racial abuse that had occurred. Instead, he assigned Plaintiff to return to one of these apartments on two further instances, potentially subjecting Plaintiff to further abuse. The tenant in that apartment had said to Plaintiff on July 26, F...out." 2023: "I hate F...ing White people...Get the Upon information and belief, McInnis made these further assignments to Plaintiff because of Plaintiff's race and fully knowing the risks these assignments posed for Plaintiff; (D) OnAugust 30, 2023, Plaintiff was assigned by McInnis to do a plumbing job under the kitchen sink in Apartment 16A at 340 Dumont Avenue. Because of extensive problems with the plumbing in this apartment, this job required considerable time. Plaintiff 6 8 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 worked as expeditiously as possible to correct the problem. Nonetheless, McInnis-for no legitimate reason-came to the apartment and screamed at and berated Plaintiff in front of the tenant for not having completed the job more expeditiously. This behavior by McInnis was entirely unwarranted. McInnis behaved as he did towards Plaintiff on August 30, 2023 solely McInnis' behavior because of Plaintiff's race. The tenant was so shocked by that she told Plaintiff that same day that she would be a witness for him if he sought redress for the manner in which McInnis had treated him that day; (E) OnWednesday, November 22, 2023, the day before Thanksgiving, McInnis assigned several jobs ("tickets") to Plaintiff. One of these jobs (in Apartment 1E), as Plaintiff discovered, involved exposed wires. McInnis gave Plaintiff inconsistent instructions concerning the priority of the jobs and the order in which he wanted them done. WhenPlaintiff sent McInnis photos of the exposed wires in Apartment 1E, McInnis directed Plaintiff to address that problem first. Plaintiff complied with this direction, but was later berated by McInnis for not apartment Memo" addressing a stove problem in a different first. In a "Counseling dated December 4, 2023, McInnis falsely accused Plaintiff of not following his directions on November 22, 2023; (F) Also on WednesdayNovember 22, 2023, McInnis assigned Plaintiff a job at 3:20 PMthat was not in either of Plaintiff's buildings and that ordinarily would have been assigned to a different Maintenance Worker. This job required Plaintiff to stay late (until 5:30 PM) that day (i.e., the day before Thanksgiving). Upon information and belief, McInnis imposed this assignment on Plaintiff because of Plaintiff's race. Upon information and belief, no non-White Maintenance Worker at Tilden Houses was required to work late on November 22, 2023; 7 9 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 (G) Onnumerous other occasions, McInnis assigned Plaintiff a ticket at the end of the day for work in a building otherwise assigned to a different non-White Maintenance Worker. On each such occasion, the assignment was for the purpose of harassing and abusing Plaintiff and interfering with Plaintiff's life. Upon information and belief, these abusive assignments to Plaintiff were based on Plaintiff's race; (H) To give just one further example of late in the day assignments to jobs in a building otherwise assigned another Maintenance Worker, on December 5, 2023, McInnis gave Plaintiff two assignments at or about 2:44 PMin the building of another Maintenance Worker, even though Plaintiff still had one assignment in one of his own buildings to complete that day. By contrast, McInnis did not assign any non-White Maintenance Worker a new assignment at any time on December 5, 2023 after 1:59 PMthat day; (I) On December 26, 2023, the day after Christmas, McInnis issued an evaluation of "Unsatisfactory." Plaintiff that gave Plaintiff an overall rating of The only specific example of less than satisfactory conduct by Plaintiff cited by McInnis in this racially biased evaluation was the false December 4, 2023 write-up by McInnis relating to the above-referenced November 22, 2023 incident; and (M) On January 19, 2024, McInnis screamed at Plaintiff for no legitimate reason. This screaming was overheard by two other Maintenance Workers and two other NYCHAemployees. Upon information and belief, McInnis subjected Plaintiff to such abuse because of Plaintiff's race. 27. Onat least three occasions before January 25, 2024, Plaintiff complained to NYCHAmanagementabout the abusive treatment he was receiving from McInnis. Defendants 8 10 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 did not respond to these complaints and, upon information and belief, took no steps to protect Plaintiff from the harassment he was receiving from McInnis. 28. On January 25, 2024, Plaintiff filed a complaint of race discrimination against McInnis with NYCHA's Office of Diversity, Equity, and Inclusion ("ODEI") based on the conduct alleged herein. 29. OnFebruary 1, 2024, Plaintiff appeared at the offices of NYCHA's ODEI to discuss his complaint of race discrimination. 30. OnFebruary 13, 2024, Plaintiff was terminated from his position as a Maintenance Worker by NYCHA. 31. Upon information and belief, Defendants terminated Plaintiff's employment on February 13, 2024, in whole or in part, because of his race and/or because of his complaint of race discrimination. 32. Upon information and belief, Defendants NYCHAand Bova-Hiatt terminated Plaintiff's employment, in whole or in part, based upon negative information about Plaintiff and negative evaluations of Plaintiff supplied by Defendant McInnis, even though Defendants NYCHAand Bova-Hiatt knew or should have known that the information and ratings of Plaintiff McInnis' by McInnis were false and based in whole or in part on racial bias. 33. Upon information and belief, the negative information from McInnis concerning Plaintiff that led to the termination of Plaintiff's employment on February 13, 2024 was the McInnis' McInnis' animus against result of racial bias towards Plaintiff and also Plaintiff for McInnis' filing an EEOcomplaint citing racially biased actions. 34. Upon information and belief, since Plaintiff had not yet completed one year's service with NYCHA,he had no right to grieve the termination of his employment pursuant to 9 11 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 the collective bargaining agreement between the union representing NYCHAMaintenance Workers and NYCHA. 35. On February 15, 2024, the union representing Plaintiff filed a request with NYCHAfor reconsideration of the termination of Plaintiff's employment. 36. Although Defendants NYCHAand Bova-Hiatt knew or should have known that the reports by McInnis were tainted by racial bias and by retaliatory animus because of Plaintiff's claim of race discrimination against McInnis, on February 23, 2024, NYCHA's ODEI office rejected and dismissed his claims of race discrimination. 37. On March 15, 2024, Defendants rejected the request by Plaintiff's union to reconsider the termination of Plaintiff's employment. 38. The adverse treatment of Plaintiff because of his race while he was employed by NYCHAwas both humiliating and demeaning. 39. Based on the foregoing, Plaintiff was treated in an adverse and discriminatory manner by Defendants because of his race and because of his protected conduct in complaining about the race discrimination and hostile work environment to which he was subjected. 40. Plaintiff has been injured in his person, his mental health, his concept of self Defendants' worth, his professional future and otherwise, by reason of overt acts of discrimination and retaliation. 41. As a direct and proximate result of defendants wrongful acts of discrimination and/or retaliation, Plaintiff's rights have been violated. Plaintiff has lost benefits, career status and advancement, and was, while employed by NYCHA,subjected to humiliation, abuse, embarrassment, and extreme mental distress, and other injuries not yet fully ascertained. 10 12 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 42. The action of Defendants in terminating Plaintiff's employment is final, and Plaintiff has no administrative or contractual remedies available to seek redress therefrom. 43. Pursuant to and as required by Administrative Code § 8-502, Plaintiff will, within 10 days of filing of this Coniplaint with the Court, serve a copy of this Complaint upon the New York City Commission on HumanRights and upon the NewYork City Corporation Counsel. AS ANDFORA FIRST CAUSEOFACTION 44. Plaintiff re-alleges and reasserts each and every allegation contained in paragraphs 1 through 43 as if fully set forth herein at length. 45. The actions of Defendants in subjecting Plaintiff to a hostile work environment and/or permitting Defendant McInnis to subject Plaintiff to a hostile work environment because of his race violated the NewYork City and NewYork State Human Rights laws and other applicable provisions of law, rules and/or regulations. 46. As a direct and proximate result, Plaintiff suffered and continues to suffer, severe mental anguish and emotional distress, including but not limited to, humiliation, embarrassment, stress and anxiety, loss of self-esteem and self-confidence and emotional pain and suffering from which Plaintiff is entitled to an award of damages. AS ANDFORA SECOND CAUSEOFACTION 47. Plaintiffs re-allege and reassert each and every allegation contained in paragraphs 1 through 46 as if fully set forth herein at length. 48. The actions of Defendants in terminating Plaintiff because of his race violated the NewYork City and NewYork State HumanRights laws and other applicable provisions of law, rules and/or regulations. 11 13 of 18 FILED: NEW YORK COUNTY CLERK 06/11/2024 06:41 PM INDEX NO. 155413/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 49. Upon information and belief, Plaintiff has-at the very least-established a prima facie