Lay Demotions to Bias
Correction Sued On Age, Gender, Race

By REUVEN BLAU

Two veteran Correction Department directors have filed a suit against the department, charging that Commissioner Martin F. Horn and other agency officials discriminated against them because "they are female, over 50 and not of the Jewish faith."

The Chief-Leader/Pat Arnow SAYS COMPLAINT SPURRED RETALIATION: Francesca DiGirolamo contends that when she expressed concerns about possible bias by her supervisor, a top Correction Department official set in motion a campaign of abuse that included a demotion and a pay cut even though her duties remained the same.

The administrators, Francesca DiGirolamo and Mashere Pride-Rawls, are both seeking reinstatement to their old positions and $5 million in "non-economic compensatory damages."

Kimberly Miu, a Law Department spokeswoman, said that the city "will be responding to the complaint in due course."

Ms. DiGirolamo began her career in DOC in 1986 as a provisional Director of Classification, where she developed and implemented an inmate classification system which is still in use, according to the suit.

Two years later, she became the DOC's first female civilian Deputy Warden when she was promoted to Executive Administrator of the Rose M. Singer Center, a new women's housing facility.

In March 2004, Ms. DiGirolamo complained to Senior Deputy Commissioner John Antonelli about her two previous supervisors being forced out and replaced by Jewish men under 40, the suit said. During that conversation, she said that she also felt she was being harassed by one of those replacements, who was attempting to push her out, the suit stated.

As a result of that conference, Ms. DiGirolamo contends that she was retaliated against and transferred to the department's Discharge Planning Services Division. In that division, she complained that she was publicly berated and yelled at by her new supervisor, Kathleen Coughlin, according to the suit.

Four months later, she was told by Ms. Coughlin - who has also been named in the suit - that her position was being eliminated and that her title was being changed to Associate Staff Analyst.

Took Hefty Pay Cut

Ms. Coughlin explained that the change was needed to pay for a new Executive Director, who turned out to be someone about 30 years of age, the complaint stated. Ms. DiGirolamo's demotion resulted in a $14,000-a-year pay cut.

"Plaintiff DiGirolamo's cut in pay and change of title, which caused severe embarrassment [and] was publicly humiliating, was done without cause being cited, and was done without any sort of due process," the suit said.

In the lower position, she continued performing her same job duties, with a lesser title, authority, and salary, the complaint asserted. "At around the same time ... other DOC administrative employees, who were younger, generally male and generally Jewish got raises and promotions," the court brief said.

After her demotion, the suit alleged that the harassment continued, causing her to suffer from emotional distress and anxiety, which produced an increase in her blood pressure.

Another Downgrade

In July 2006, she filed a complaint with a DOC Equal Employment Opportunity officer, charging that she had been discriminated and retaliated against. A month later, she was advised that she was being demoted again, this time to her civil service title of Staff Analyst, with a 20 percent cut in pay. She was also transferred to the DOC's Health Management Division in LeFrak City, Queens.

According to the suit, her supervisor told her that her attendance was having a negative impact on her performance, which led to her demotion and transfer. The suit pointed out, however, that no poor performance indicators in her file were cited and that she wasn't given a chance to contest the demotion.

On the advice of her attorney, she sent a letter to Commissioner Horn detailing what had occurred and accusing the department of retaliation. The letter also asserted that her absences were the result of a chronic medical condition. Mr. Horn did not respond to the letter or intervene, the suit said.

As a result of the continued harassment, Ms. DiGirolamo suffered an "emotional breakdown, with attendant physical symptoms, and was unable to report to her new work location," the suit said. Shortly afterwards, the DOC's EEO Officer ruled that that her allegations were unsubstantiated.

A Forced Demotion

The other plaintiff in the suit, Ms. Pride-Rawls, began her career with the DOC in 1979 as a Legal Coordinator. In 2004, she was provisionally promoted to Executive Director of Special Events and Community Resources.

But in September 2005, she was told that the department needed to free up money to hire a new Executive Director, according to the suit. Her supervisor said that Ms. Pride-Rawls was not "doing very much" and gave her the option of being demoted to an Associate Staff Analyst position with a 12-percent pay cut or Legal Coordinator position with an 18-percent pay cut, the complaint said.

She chose the smaller decrease, but was never given an opportunity to challenge the reasons for her demotion. She also alleged that at the same time other DOC administrative/managerial employees, who were younger, generally male and Jewish, got raises and promotions.

In her new title, she continued to do the same work as she had before, the suit asserted. "She felt demeaned since her demotion was made known to everyone she worked with," the complaint stated.