UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK CARA TRIMBOLI, Plaintiff, COMPLAINT -against- Jury Trial Demanded ‘THE COUNTY OF NASSAU, and TOM CORONA, and THOMAS KRUMPTER, in their official and individual capacities, Defendants. Plaintiff, Cara Trimboli, by and through her attorneys, LEEDS BROWN LAW, P.C., alleges upon knowledge as to herself and her own actions, and upon information and belief as to all other matters, as follows: JURISDICTION AND VENUE 1. This is a civil action based on the defendants’ violations of Plaintiff's rights as guaranteed to her by the Fourteenth Amendment of the United States Constitution, as enforced by 42 U.S.C. § 1983 (“Section 1983”), Title VII of the Civil Rights Act of 1964, as amended, 42 US.C. 2000e, ef seg., and the individual defendants’ violations of Section 1983 and the New York State Human Rights Law, and any other cause of action which can be inferred from the facts set forth herein, Plaintiff previously filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”), and received a right to sue letter, dated September 26, 2017.2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1343. Supplemental jurisdiction is invoked over State causes of action pursuant to 28 U.S.C. § 1367. 3. Venue is proper pursuant to 28 U.S.C. § 1391 because a substantial part of the events ing rise to this action, including the unlawful employment practices alleged herein, occurred in this district. 4, All conditions precedent to maintaining this action have been fulfilled. On March 6, 2017, a complaint was filed with the New York State Division of Human Rights, which was dual-filed with the EEOC. On September 26, 2017, the EEOC issued a right to sue letter, This action was properly instituted within 90 days of the receipt of said letter. ES Al 5. Plaintiff, Cara Trimboli (“Cara”), a female, was and still is a resident of the County of Suffolk, State of New York. 6, Defendant, County of Nassau (“County”), was, and still is, a municipal corporation organized under the laws of the State of New York and located in Nassau County, New York, which operates and controls the Nassau County Police Department (“Department”). 7. Tom Corona was, and still is, a Deputy Inspector for the Department, Corona works in Nassau County, New York. As the Deputy Inspector, Corona has final authority to assign work responsibilities, bring isciplinary charges, transfer employees, and set policies,Accordingly, he is @ supervisor under the applicable laws. Further, he is an employer under the applicable State Laws. Corona was generally aware of and remained deliberately indifferent to the unlawful conduct as set forth herein. 8, ‘Thomas Krumpter was, at all relevant times alleged herein, Acting Commissioner of the Department, until his retirement in June 2017. Krumpter worked in Nassau County, New York. As the Acting Police Commissioner, Krumpter had final authority to assign work responsibilities, bring disciplinary charges, transfer employees, and set policies. Krumpter was on over Plaintiff in her fF, mai in a position of authority over Ph ined a supervisory posi employment, and had authority to undertake or recommend tangible employment decisions and/or control the terms and conditions of her employment. Accordingly, he is a supervisor under the applicable laws. Further, he is an employer under the applicable State Laws. Krumpter participated in and/or was generally aware of and/or remained deliberately indifferent to the unlawful conduct as set forth herein. FACTS 9. On August 23, 1993, Cara began working as a police officer for the Department. 10, In October 2010, Cara was promoted to the rank of Sergeant, and assigned to the 6th Precinct, Patrol Di ion, in Manhasset, New York. II. In May 2011, Cara was assigned to the Chief of Patrol Office as an Administrative Sergeant12, In November 2012, Cara was promoted to the rank of Lieutenant. 13. In May 2015, Cara was reassigned to Highway Patrol, working under Corona. Shortly thereafter, Corona began subjecting Cara to gender based discrimination. This behavior consisted of offensive comments about women in general, as well as specific acts of discrimination aimed at Cara in particular. 14, For example, in or around July 2015, Corona made numerous negative comments regarding dealing with female civilian complainants when he worked in internal affairs. He said that was the worst part of the job for him because women were confused, could not get their story straight, were too emotional, and were a pain in the ass to deal with. Corona followed this by commenting about females on the job, stating that “fucking broads ruin the job.” He then left the room and Police Officers Connor Walsh and Michael O'Conner appeared stunned, and O'Conner said, “Did he really just say that in front of you." Walsh added, “Now we're sure about how he feels about you being here, as if we didn’t already know.” 15, During supervisory meetings, which occurred approximately bi-monthly! Corona asked the male Lieutenants and Sergeants to join in the discussion, while rarely allo g Cara (the only female supervisor) to participate. When Cata tried to speak, Corona typically ignored her and continued talking to the men, This occurred throughout the time that Plaintiff worked under Corona’s supervision. ' Corona did not follow Department procedure, which requires that such me per month, ings be held twice16. Corona also regularly expressed his disdain for women by exhibiting a positive demeaner around males, while acting differently in front of Plaintiff (the only woman in the office), and even changing his demeanor when Plaintiff entered a room. This occurred throughout the time that Plaintiff worked under Corona’s supervision. 17. Corona also often assigned Plaintiff paperwork that he did not have the male supervisors perform, Indeed, he had her prepare paperwork for the other male supervisors so if they would not have to do such tedious work. ‘This occurred throughout the time that Plait worked under Corona’s supervision. 18. In carly September 2016, Cara signed up for overtime to work the Presidential debate at Hofstra University on September 26, 2016, 19. In violation of the collective bargaining agreement and the Department’s procedure, Corona denied Cara's request for overtime, instead granting. overtime to male Sergeant John Maclean, who was less senior and already had more overtime hours than Cara, 20, Lieutenant Michael Franco, the Highway Administrative Supervisor, informed Cara that Corona did not want to work that event with her, Cara complained to Franco that this was inappropriate and offensive. Nonetheless, Maclean received 16 hours of overtime for work the debate, and Cara received none. 21. In November 2016, Cara took sick leave in connection with a work-related injury to her neck/spine. Despite the fact Cara’s injury and sick leave were well-documented, Coronaasked Franco if Cara was “scamming” the department by calling in sick to purposely create an absence and allow for other supervisors to be given overtime. 22, On December 22, 2016, Cara was assigned as the Tour Supervisor. Corona called Cara to inform her that Sergeant Eric Amold complained that he does not have 24 hour police security because he was in the hospital. During the call, Corona asked, “What is it? Kike day?” Later that day, Cara advised Corona that she had made arrangements for Sergeant Arnold's secutity, at which time Corona called Amold “a soft Jew.” This comment was witnessed by Sergeant Robert Beccatis, to whom Cara complained, 23. On December 22, 2016, Cara was scheduled to have a 12:30 p.m, appointment with Krumpter, which she had previously requested. 24, At 11:45 a.m., Krumpter’s secretary called the Chief of Patrol office and informed the Adininisteative Sergeant Timothy Cosgrove that the appointment had been changed to 12:00 p.m, As aresult, the entire office, including four Chiefs, learned of the meeting. 25. At the meeting, Cara complained to Krumpter about Corona’s offensive and discriminatory behavior. Cara inquired into whether Krumpter had any plans to transfer Corona because of his behavior, and Krumpter replied that he did not. 26. Krumpter knew Cara's complaint related to discriminatory conduct and forwarded Cara’s complaint to the Department's EEO Office, which investigates internal complaints of discrimination.27.On January 2, 2017, 11 days after engaging in a protected activity by informing Krumpter of Corona’s discrimination, Cara was transferred to the Public Safety Department, a unit that did not have an available position. Members of the Department widely consider the Public Safety Department to be a punishment assignment, as it entails no real police work and the facilities are dilapidated and perceived to be hazardous.? 28. The commanding officer of the Public Safety Department is Lieutenant Frank Labate. While the NCPD Rules required that Lieutenant Labate maintain an overtime book for force members to sign up for overtime, he never did so, 29. Cara asked Lieutenant Labate for overtime on several occasions. Each time Lieutenant Labate denied Cara's requests, stating that there were no overtime opportunities because there was no need for Cara’s position at the Public Safety Department in the first place, Lieutenant Labate’s overtime.? and that Cara would just be taking away 30, Since her transfer, Cara has had no office, and is forced to use the desks of various civilian employees, which are available only when the civilian employees are not working, Cara is also forced to use a civilian locker area which is not sufficiently secure to store Cara’s police 2 Lieutenant Frank Labate told Cara that he spends as little time as possible in the building, and that it was too bad she was “stuck there,” as it is “loaded with asbestos” and is a “sick building,” Labate further stated that some of the civilians who had previously worked in the building have died of cancer. 5 As Cata has greater seniority than Lieutenant Labate, per her collective bargaining agreement, she should have had priority over Lieutenant Labate with respect to overtime.gear, Further, the locker area the Department designated for Cara consisted of a storage closet which affords no privacy due to the fact the closet door has a window. The closet is also not of sufficient size to be utilized as a changing area, as there is no room to move about due to the presence of vending machines, boxes, and many other items kept there for storage. Moreover, until May 31, 2017," Cara has been the only Department member who has not had access to a Department vehicle, and has been told to use her personal vehicle to conduct patrols. 31. This transfer, which came without waming or explanation, was in retaliation for Cara’s protected activities, 32. Cara earned substantially less overtime as a result of the transfer, and had less ‘overtime opportunities, For example, in 2016, she had 600 hours of overtime, while in 2017, she had three hours of overtime. 33, Cara complained to Brian Hoessel (Union President) about the transfer, who told Cara there is nothing he could do to help her. Cara then complained to Kevin Black (Union Vice President), who promised to speak with Krumpter. 34. On January 11, 2017, Cara emailed the executive board of the Union to request that a grievance be filed challenging the transfer. The following day, Black asked if Cara wanted to grieve her transfer or the upcoming Internal Affairs Bureau (“IAB”) investigation of her, Cara responded that she was not aware that she was going to be investigated by IAB, Black informed 4 On this date, in violation of her union contract, Cara was ordered to begin utilizing a marked Public Safety Vehicle.