NYS Gaming Commission Sued By Former Employee For Disability Discrimination

MARIVI WOLFE-SANTOS (“Ms. Wolfe”), has filed a lawsuit in NYS Supreme Court, New York County, (Index. No. 160963/2016), against the NYS Gaming Commission (Commission), Lisa Lee, the Commission’s Inspector General, Frank Perrone, Director for the NYC Region One, Michelle A. Castler, a Commission Human Resources employee, and NYC Region One supervisors’ Cynthia Wong, Sara Ying and Francisco Collazo (collectively, “defendants”). In her amended complaint (the “Complaint”), Ms. Wolfe alleges that she was subjected to unlawful disability discrimination by defendants and retaliatory and discriminatory discharge due to her complaints and opposition to defendants’ disability discrimination.

In her Complaint, Ms. Wolfe alleges that, in January 2016, the Commission hired Ms. Wolfe to work as a Lottery Marketing Representative for the Commission’s NYC Region One. Ms. Wolfe further alleges that, in February 2016, she suffered a bout of chemical pneumonia for which she required hospitalization and took a short leave of absence from work. In her Complaint, Ms. Wolfe further alleges that, on April 15, 2016, Ms. Wolfe suffered an on-the-job accident when she fell to the floor at one of her assigned store vendors. Ms. Wolfe alleges that her neurologist diagnosed her as having suffered a severe concussion with loss of consciousness, post-concussion syndrome, and cervicalgia. As per her Complaint, Ms. Wolfe alleges that because of her post-concussion syndrome, Ms. Wolfe took a second leave of absence from work. In her amended complaint, Ms. Wolfe alleges that Defendants were fully aware of her medical issues, her fall to the floor at the store vendor site, and her medical diagnoses. Ms. Wolfe further alleges that she provided this information to defendants for defendants to provide her with reasonable accommodations – Ms. Wolfe alleges that her physicians’ certified that she could work at 50%.

In her Complaint, Ms. Wolfe further alleges that, when she returned to work the first time from her hospitalization for chemical pneumonia, one of her supervisors who is a defendant, acted hostile towards her and engaged in mental and psychological abuse against Ms. Wolfe. Ms. Wolfe alleges that this defendant’s behavior includes but is not limited to telling Ms. Wolfe almost daily that she could…

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