Federal Jury Awards Former Town of Hempstead Employee $5.2 Million in Gender Discrimination and Retaliation Case
FEDERAL JURY AWARDS FORMER TOWN OF HEMPSTEAD EMPLOYEE $5.2 MILLION IN GENDER DISCRIMINATION AND RETALIATION CASE
TOWN OF HEMPSTEAD RETALIATED AGAINST DEBRA FEE AFTER SHE CHALLENGED WORKPLACE GENDER INEQUALITY
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Hempstead, NY – A federal jury in the United States District Court for the Eastern District of New York has awarded $5.2 million to former Town of Hempstead Highway Department employee, Debra Fee. Following a multi-day trial before United States Judge Anne Shields, the jury returned its verdict on July 16, 2026, and concluded that the Town unlawfully retaliated against Ms. Fee for asserting her rights after she complained about being denied advancement opportunities.
Ms. Fee began working for the Town of Hempstead Highway Department as a seasonal employee in 2006 before becoming a full-time Laborer I in 2011. This position required Fee to manage the Department’s stockroom, maintain inventory, order vehicle parts, and coordinate with mechanics. Despite consistently taking on responsibilities beyond her job title, she was repeatedly passed over for advancement while male colleagues with less experience and time on the job were promoted.
After not being promoted and only seeing men advance over her, in 2016, Ms. Fee requested a Civil Service Desk Audit to determine whether the duties she was taking on warranted a higher classification. After she requested the audit, Defendant Thomas Toscano, the Highway Department Commissioner, told her that if she did not withdraw her application for a title change, he would remove her from her position. This threat was supported by Defendant Antonio Fanizzi, another Supervisor in the Highway Department. In response to her application, Ms. Fee was removed from the stockroom and reassigned to physically demanding manual labor on a highway maintenance truck, which included filling potholes, moving barricades, cleaning storm drains, raking leaves, removing dead animals from the road, and performing other strenuous outdoor work. This retaliatory move for asserting her rights caused Ms. Fee to experience a significant amount of physical pain and immense emotional distress.
The jury found that the Town unlawfully retaliated against Ms. Fee after she engaged in protected activity and awarded $1,150,000 in past pain and suffering and $3,180,000 for future pain and suffering. Co-Defendants Toscano and Fanizzi were found liable for $330,000 and $200,000 in punitive damages, respectively.