Schulte Roth Ex-Employee Sues, Alleging Sexist, Homophobic Remarks Made in Office
Sebastian Alonzo said he endured abuse from Schulte co-workers for years, while managers and the firm's human resources department did nothing to stop it.
August 21, 2019 at 01:40 PM
4 minute read
The original version of this story was published on New York Law Journal
This story has been updated with comments from the plaintiff's lawyer.
A former facilities employee at New York-based Schulte Roth & Zabel has accused the firm of turning a blind eye to sexist, homophobic, anti-Catholic and anti-Ecuadorian remarks that he said were directed at him and others by his colleagues.
In a lawsuit filed Tuesday in Manhattan Supreme Court, the former Schulte employee, Sebastian Alonzo, said he saw facilities department staff "engage[ed] in blatant and overt sexist and sexually harassing behavior." Alonzo, who worked at the firm for 10 years, regularly saw colleagues laugh and join in as a co-worker made "disgusting comments about women and bragged about sexually harassing female employees," his suit said.
When Alonzo didn't join in, his suit alleges, a colleague bullied him, calling him a "faggot," "homo" and "gay" in the presence of managers who did nothing to stop it.
One supervisor "regularly examined plaintiff's clothing and then made sarcastic comments while touching his sleeve, such as 'I like your shirt,' 'nice shirt,' 'nice pants' or 'nice shoes,'" the suit said. "These comments were clearly meant to insult plaintiff and made for the amusement of the other employees who witnessed the comments."
One colleague called Alonzo "the devil" after learning he was Catholic and told him to "go back to Ecuador." Another co-worker also made profane remarks about Alonzo's national origin even though he was born in New York City, the suit said. Alonzo developed anxiety and depression because of the bullying, he claimed.
In 2016, Alonzo said, he got sick of the "abuse" he encountered and included comments on his self-evaluation that referred to "situations of conflict" and contrasted constructive criticism with "putting someone down or being discouraging." In response, he said, his supervisors and the law firm's human resources director "attack[ed]" him and said in a meeting he was being "too sensitive."
Alonzo said he met with the HR director again, only for his complaints to be brushed aside. He said he was subsequently chewed out and disciplined for complaining that his work phone was old and for allegedly losing an office key, which he said didn't happen. He said he reported the misconduct to the Equal Employment Opportunity Commission in June 2017.
The alleged abuse escalated, with one colleague threatening to punch him in the face for not having said "good morning," according to the suit. Alonzo said his supervisors were aware of the threat but did nothing about it in hopes that he would quit. After other incidents, Alonzo said, he quit in December 2017 because "his mental health had deteriorated to a point where he could no longer function at work."
The suit seeks more than $1.5 million for alleged gender, sex and national origin discrimination and retaliation under city and state human rights laws. He also said he was not paid overtime that is required under state law.
In a statement, the firm said it investigated Alonzo's complaints, as did the Equal Employment Opportunity Commission, which declined to act on his allegations.
"We take complaints very seriously to ensure the safety and well-being of our employees," the statement said. "Our firm has been dedicated to fostering a diverse, respectful and inclusive culture, and this is a top priority. Mr. Alonzo's complaint was thoroughly investigated by the firm and the EEOC. The EEOC dismissed the charges in July 2019."
Megan Goddard of Goddard Law, who represents Alonzo, said she was proud of her client and said an EEOC dismissal doesn't mean that a case lacks merit or that an employer acted lawfully.
"It means that the EEOC, with its limited resources, is unable to find enough evidence to prove that discrimination under federal law occurred," she said in an email. "We look forward to seeking justice in court."
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