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Court Rules That Town of Hempstead Must Stand Trial and Finds That a Jury Must Decide on the Claims of Former Town of Hempstead Parks & Recreation Employee Who Faced Racial Discrimination, a Hostile Work Environment, Retaliation and Wrongful Termination

The Law Offices of Frederick K. Brewington represent Mr. Howard Monroe, the Plaintiff. He is a former Town of Hempstead worker who filed an employment discrimination action against the Town. The Plaintiff claimed he was subjected to a hostile work environment, was discriminated against because of his race and faced retaliation by his employer, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et. seq., 42 U.S.C. §§ 1981, 1983, 1985, New York State Human Rights Law, and New York Executive Law § 296 et. seq. Following full-blown discovery in the case, Defendants filed a massive motion for summary judgment, which was opposed by Mr. Monroe’s attorneys. On March 2, 2020, Magistrate Judge Anne Y. Shields of the U.S. District Court, Eastern District of New York ruled that, “(h)aving reviewed the papers both in support of and in opposition to the motion, the Court finds that, other than as set forth below, genuine issues of material fact preclude the granting of summary judgment in its entirety.”

For over seven years, Mr. Monroe worked part-time for the Town’s Parks and Recreation Department as a Maintenance Helper from March 23, 2009 to September 25, 2016. During his employment, he sought a full-time position with the Town. In his lawsuit, Mr. Monroe set out details about how he faced a hostile work environment and racial discrimination; in addition, he raised issues about being passed over and being paid a lower salary than those with the same job title. After deciding he could not accept his mistreatment any further, he filed numerous complaints with both the Town and the New York State Division of Human Rights (NYSDHR). He also filed two charges of retaliation with the NYSDHR. As a result, even though the NYSDHR made finding of Probable Cause in his favor, he faced reprimands and suspensions from his employer.

On August 10, 2016, Mr. Monroe received a right to sue letter from the NYSDHR. The following month, he was terminated by the Town. On November 2, 2016, he commenced legal action, alleging a hostile work environment, retaliation, municipal liability, denial of equal protection and due process, and conspiracy. The defendants named included the Town of Hempstead, the Town’s Parks & Recreation Department and individuals Danny Lino, Mike Zapola, Ray Roden, James Tintle, Matthew Thompson, and John Moran. The Defendants moved for summary judgment, seeking dismissal of the charges.

On April 2, 2020, Magistrate Judge Shields determined that a majority of Mr. Monroe’s legal claims will proceed to trial. Judge Shields stated:

Having reviewed the papers in support of and in opposition to the within motion, the Court finds that genuine issues of material fact exist with respect to the following claims: (1) race discrimination – except any claim based on a theory of unequal wages – pursuant to Title VII, Section 1981 and the NYSHRL; (2) creation of a hostile work environment, pursuant to Title VII, Section 1981 and the NYSHRL; (3) retaliation, pursuant to Title VII, Section 1981 and the NYSHRL; and (4) violation of Plaintiff’s equal protection rights, pursuant to Section 1983. All of the foregoing claims will proceed to trial in this action.

This positive outcome was due to the hard work of Cathryn Harris-Marchesi, Tricia S. Lindsay and Mr. Brewington, who work on this matter for Mr. Monroe. The parties were directed to submit a joint pre-trial order by May 4, 2020.

To read the decision, click here.

May 2020 E-Newsletter

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	Court Rules That Town of Hempstead Must Stand Trial and Finds That a Jury Must Decide on the Claims of Former Town of Hempstead Parks & Recreation Employee Who Faced Racial Discrimination, a Hostile Work Environment, Retaliation and Wrongful Termination The Law Offices of Frederick K. Brewington represent Mr. Howard Monroe, the Plaintiff. He is a former Town of Hempstead worker who filed an employment discrimination action against the Town. The Plaintiff claimed he was subjected to a hostile work environment, was discriminated against because of his race and faced retaliation by his employer, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et. seq., 42 U.S.C. §§ 1981, 1983, 1985, New York State Human Rights Law, and New York Executive Law § 296 et. seq. Following full-blown discovery in the case, Defendants filed a massive motion for summary judgment, which was opposed by Mr. Monroe’s attorneys. On March 2, 2020, Magistrate Judge Anne Y. Shields of the U.S. District Court, Eastern District of New York ruled that, “(h)aving reviewed the papers both in support of and in opposition to the motion, the Court finds that, other than as set forth below, genuine issues of material fact preclude the granting of summary judgment in its entirety.” For over seven years, Mr. Monroe worked part-time for the Town’s Parks and Recreation Department as a Maintenance Helper from March 23, 2009 to September 25, 2016. During his employment, he sought a full-time position with the Town. In his lawsuit, Mr. Monroe set out details about how he faced a hostile work environment and racial discrimination; in addition, he raised issues about being passed over and being paid a lower salary than those with the same job title. After deciding he could not accept his mistreatment any further, he filed numerous complaints with both the Town and the New York State Division of Human Rights (NYSDHR). He also filed two charges of retaliation with the NYSDHR. As a result, even though the NYSDHR made finding of Probable Cause in his favor, he faced reprimands and suspensions from his employer. On August 10, 2016, Mr. Monroe received a right to sue letter from the NYSDHR. The following month, he was terminated by the Town. On November 2, 2016, he commenced legal action, alleging a hostile work environment, retaliation, municipal liability, denial of equal protection and due process, and conspiracy. The defendants named included the Town of Hempstead, the Town’s Parks & Recreation Department and individuals Danny Lino, Mike Zapola, Ray Roden, James Tintle, Matthew Thompson, and John Moran. The Defendants moved for summary judgment, seeking dismissal of the charges. On April 2, 2020, Magistrate Judge Shields determined that a majority of Mr. Monroe’s legal claims will proceed to trial. Judge Shields stated: Having reviewed the papers in support of and in opposition to the within motion, the Court finds that genuine issues of material fact exist with respect to the following claims: (1) race discrimination – except any claim based on a theory of unequal wages – pursuant to Title VII, Section 1981 and the NYSHRL; (2) creation of a hostile work environment, pursuant to Title VII, Section 1981 and the NYSHRL; (3) retaliation, pursuant to Title VII, Section 1981 and the NYSHRL; and (4) violation of Plaintiff’s equal protection rights, pursuant to Section 1983. All of the foregoing claims will proceed to trial in this action. This positive outcome was due to the hard work of Cathryn Harris-Marchesi, Tricia S. Lindsay and Mr. Brewington, who work on this matter for Mr. Monroe. The parties were directed to submit a joint pre-trial order by May 4, 2020. To read the decision, click here.
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