In a compelling legal battle that underscores the ongoing challenges faced by individuals with disabilities in the workplace, a former employee has filed a lawsuit against his previous employer, alleging discrimination and retaliation. On September 20, 2024, William Cesare filed a complaint in the United States District Court for the Eastern District of New York against Oceanside School District.
According to the court documents, Cesare claims that Oceanside School District violated his rights under the Americans with Disabilities Act (ADA). The complaint details a series of alleged discriminatory actions and retaliatory measures taken by the school district against Cesare due to his disabilities, which include anxiety, dyslexia, auditory processing disorder, reading comprehension difficulty, a thyroid disorder, and other learning disabilities.
Cesare began working as a Cleaner for Oceanside in 2012 and performed his duties satisfactorily. However, trouble began in Spring 2017 when he disclosed his disabilities to Robert Schloth, Director of Facilities. Cesare recounted an incident where Schloth made derogatory comments about another colleague with disabilities. In response to Cesare's disclosure about his own conditions, Schloth allegedly made fun of him. This marked the beginning of what Cesare describes as a hostile work environment.
The situation escalated on January 20, 2021. During a meeting involving Superintendent Phyliss Harrington and Assistant Superintendent Jerel Cokely, Harrington handed Cesare an incident report which he could not understand due to his disabilities. Harrington's response was dismissive and threatening: "You can read right? You know how to read right? You understand what it says right? I can fire you for whatever I want." Such comments were perceived as direct attacks on Cesare’s disability.
Further incidents occurred in April 2021 when four employees tried to coerce Cesare into signing an unnecessary contract regarding snow day work policies. After suffering injuries from a car accident in June 2021 that exacerbated his health issues, Cesare found himself entangled in more bureaucratic delays and discriminatory practices upon returning to work.
By December 2022, despite medical clearances and necessary documentation provided by Cesare for his absences related to medical treatments and injuries from the car accident, Oceanside forced him onto unpaid leave without any medical justification. This action was accompanied by further humiliating remarks from Jill De Rosa during meetings where she mocked him for needing assistance from his mother due to memory issues caused by his accident.
Cesare's attempts to resolve these issues through union intervention also proved futile as additional HIPPA forms were repeatedly requested unnecessarily delaying his return to work until September 26, 2023. Throughout this period, Cesare alleges that he was paid less than non-disabled colleagues during snow days and subjected to continuous threats of termination overheard by witnesses including Ms. Jo Marie Cesare Brennan.
As relief for these grievances, Cesare seeks compensatory damages for financial losses including lost pay and future earnings potential; emotional distress damages; injunctive relief; attorney fees; costs associated with bringing this action; and any other damages permitted by law.
Representing William Cesare is Matthew Marks of Ricotta & Marks P.C. Case ID: 24-cv-6661.