Astor Services For Children & Families Sued in Federal Court for National Origin Discrimination and Retaliation

CORNWALL, N.Y., July 14 /PRNewswire/ -- JOLANTA JACHIMCZYK, a 58 year old female of Polish national origin, has filed a civil rights lawsuit in the U.S. District Court for the Southern District of New York (the "SDNY") (Civil Action No. 10-CIV-03660) against her employer, Astor Services For Families & Children ("ASTOR"), and several individuals who Ms. Jachimczyk alleges participated in, and/or condoned the unlawful discrimination against her and subsequent retaliation. ASTOR, based in Rhinebeck, NY, is a community- based nonprofit organization that provides children's mental health services, child welfare services, and early childhood development programs, and serves NY State's Mid-Hudson Valley region and the Bronx.  

In her 1st Amended Complaint, Ms. Jachimczyk, who was first hired by ASTOR in 1988 as a social worker, alleges that, in April 2009, ASTOR demoted her, in whole or in substantial part, due her Polish national origin.  In June 2001, ASTOR promoted Ms. Jachimczyk from her position as a clinician/ therapist to Program Director of Astor's Family-Based Treatment & Therapeutic Foster Care Programs.  Ms. Jachimczyk alleges that, while she served as Program Director, she endured disparate treatment and a hostile work environment from her subordinates due to, in whole or in substantial part, to her Polish national origin, including:  (a) her frequently being ridiculed because of her accent; (b) being told on several occasions that "the way [she] pronounced things is funny"; (c) being called a "Polish Princess" on several occasions; and (d) her subordinates isolating her and their frequently being oppositional and confrontational towards her in comparison to their favorable treatment of other ASTOR managers, site and/or Program Directors of North-American national origin.  

Ms. Jachimczyk further alleges that, after her verbal and written complaints in July 2009 to ASTOR that she believed her demotion and hostile work environment were due, in whole or in part, to unlawful national origin discrimination, ASTOR did not make any serious investigation of her claims.  She alleges that, instead, ASTOR began a campaign of unlawful retaliation against her.  Ms. Jachimczyk alleges that, because of her first making internal complaints of discrimination in July 2009 through and including the filing of her lawsuit in federal district court in early May 2010, ASTOR has subjected her to conditions designed to force her to resign.  She alleges that ASTOR's retaliation includes: (a) ASTOR's acceptance of certain subordinates be "insubordinate" to her, despite her requests to ASTOR that it take corrective action towards these certain subordinates; (b) her immediate supervisor's hostile and demeaning questioning of Ms. Jachimczyk's requests and/or notification of her need to take time off from work; (c) her being singled out for "reprimand" in comparison to other similarly-situated managers, program and/or site directors; and (d) ASTOR's directive to Ms. Jachimczyk in mid May 2010 that Jachimczyk undergo a "medical evaluation."  

Ms. Jachimczyk is seeking $1.62 million from defendants, which includes payment for lost back and front salaries, damages for severe physical and emotional injuries, and punitive damages for defendants' alleged outrageous conduct and complete disregard of her rights under Title VII and the NYS Human Rights Law.  Ms. Jachimczyk is being represented by Law Offices of Jimmy M. Santos, PLLC, in Cornwall, NY.

SOURCE Law Offices of Jimmy M. Santos, PLLC