`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 1 of 14
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`IN UNITED STATES DISTRICT COURT FOR
`THE SOUTHERN DISTRICT OF NEW YORK
`
`NINA YUN CHEN PREMEZZI,
`
`Plaintiff,
`
`V.
`
`BLYTHEDALE CHILDREN'S HOSPITAL,
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`wrongful termination against Plaintiff on the basis of race, national origin, age, disability and
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`NOW COMES Plaintiff Nina Yun Chen Premezzi, represented by Jafri Law Firm, and
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`brings this complaint against Defendant Blythedale Children’s Hospital for discrimination and
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`wrongful
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`termination on the basis of race, national origin, age, disability and opposed
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`discrimination/retalitation.
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`NATURE OF THE CLAIMS
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`1. This is an action for monetary damages to redress Defendant’s unlawful discrimination and
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`opposed discrimination/retaliation in violation of Title VII of the Civil Rights Act of 1964, as
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`amended, 42 U.S.C. §§ 2000e et seq.
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`(“Title VII’) and Age Discrimination in Employment Act
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`of 1967, 29 U.S.C. §§ 621 et seq. (“ADEA”).
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`2. Plaintiff Nina Premezzi is a Chinese American licensed pharmacist. Plaintiff Premezzi was
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`formally employed as a Staff Pharmacist for Defendant Blythedale Children’s Hospital beginning
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`on or about May 18, 2015 until her termination on December 14, 2020.
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`
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`Hospital and notably replaced by a white male pharmacist when she was wrongfully terminated
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`by Defendant Blythedale Children’s Hospital.
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`4. During her employment with Defendant Blythedale Children’s Hospital, Plaintiff endured
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`disparate treatment and experienced workplace discrimination from supervisors and members of
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`the Blythedale Children’s Hospital on the basis of her race, national origin, age and disability,
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`while said discriminatory behavior wasprotected by higher management.
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`5. Plaintiff Premezzi was denied the same terms and conditions of employment available to
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`employees who are of a different national origin and/or race,
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`including, but not limited to,
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`subjecting her to disparate working conditions during a global pandemic that led to a rise in
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`violence and phobia toward Asian Americans.
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`6. Plaintiff Premezzi was specifically discriminated against by Pharmacy Director, Pradeepan
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`Ananthasingam employed by Defendant Blythedale Children’s Hospital. Plaintiff was falsely
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`accused of errors and consistently held to a different professional standard than her colleagues,
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`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 2 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 2 of 14
`3. Plaintiff Premezzi was the only Chinese-American employee at Blythedale Children’s
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`dueto her national origin.
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`7. During the course of Plaintiff Premezzi’s employment, she complained multiple times via
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`e-mail to Vice President John Flanagan and Human Resources director Cindy De Muroregarding
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`Pradeepan’s discriminatory behavior. However, nothing was done to reprimand Pradeepan nor
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`resolve the discriminatory conduct and ultimately, Plaintiff’s complaints were dismissed.
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`8. Defendant retaliated against Plaintiff for complaining by ultimately terminating her in a
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`manner which foreseeably would be distressing and would destroy all of her prospects for
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`subsequent employment as a pharmacist.
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`9. Defendant Blythedale Children’s Hospital’s discriminatory and tortious conduct
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`in
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`employing such individuals with such a pattern of harassment against Plaintiff shows a knowing,
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`
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`conduct has caused and continuesto cause Plaintiff to suffer economic and other damages.
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`ADMINISTRATIVE PROCEDURES
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`10. Plaintiff Premezzi has filed charges of discrimination with the Equal Employment
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`Opportunity Commission (“EEOC”). Plaintiff received a Notice of Right to Sue on April 8, 2022.
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`Plaintiff has timely filed her lawsuit pursuant to the Right to Sue letter received from the EEOC.
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`11. Any andall other prerequisites to the filing of this suit have been met.
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`JURISDICTIONANDVENUE
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`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 3 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 3 of 14
`reckless and/or willful and malicious disregard for Plaintiff's rights. Defendant’s unlawful
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`12. The Court has jurisdiction over this action pursuant to 28 U.S.C. Section 1331 and 1343,
`
`as this action involves federal questions regarding the deprivation of Plaintiff’s rights under Title
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`VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. (“Title VI’) and the
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`Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 et seq. (“ADEA”). The court
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`has supplementaljurisdiction over Plaintiff’s claims arising under state law pursuant to 28 U.S.C.
`
`Section 1367(a).
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`13. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) because a substantial part of
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`the events or omissions giving rise to this action, including the unlawful employmentpractices
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`alleged herein, occurredin thisdistrict.
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`PARTIES
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`14. Plaintiff Nina Premezzi is a licensed pharmacist of Chinese origin. Plaintiff Premezzi was
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`formally employed as a Staff Pharmacist for Defendant Blythedale Children’s Hospital beginning
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`on or about May 18, 2015 until her termination on December 14, 2020.
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`15. Defendant Blythedale Children’s Hospital is an independent, not-for-profit hospital that
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`provides specialized health care to children with severe and complex medical issues. Blythedale
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`maintains a Pharmacy Department, whichis staffed by 11 New York State licensed pharmacists,
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`
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`16. Defendantis incorporated in Valhalla, New York at 95 Bradhurst Avenue, NY 10595.
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`FACTUAL ALLEGATIONS
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`17. Plaintiff Premezzi was formerly employed by Defendant Blythedale Children’s Hospital
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`beginning on May18, 2015 until her termination by Defendant on December14, 2020.
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`18. Plaintiff Premezzi was employed by Defendant Blythedale Children’s Hospital as a Staff
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`Pharmacist.
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`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 4 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 4 of 14
`director of pharmacy, Pradeepan Anathasigam and 7 pharmacytechnicians.
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`19. Plaintiff Premezzi is an experienced hospital pharmacist. Prior to her employmentat
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`Blythedale Children’s Hospital she was a night-shift pharmacist at Cohen Children's Medical
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`Center in Queens, New York from August 2014 to April, 2015 before she took the offer from
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`Blythedale Children's Hospital due to a better work schedule. Prior to that, Plaintiff was a
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`pediatric pharmacist for 7 years in Florida. In all of her professional years as a pharmacist,
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`Plaintiff never received a complaint. Plaintiff maintained five years of excellent job performance
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`at Blythedale Children’s Hospital under the supervision of the former pharmacy director.
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`20. False allegations were made against Plaintiff Premezzi that alleged her contaminating
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`medication. However, a needle along with the syringe was properly inserted into the IV bag in the
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`sterile hood and left in the IV bag, an intentional technique to maintain the sterility when she
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`showed the correct volume in the syringe to the three other pharmacists who were present. This
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`technique did not break the sterility of the content. If the medication was contaminatedas falsely
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`claimed, the IV bag would be morelikely to be contaminated in the regular air when the nurse
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`originally spiked the bag. Furthermore, the other three pharmacists would have taken action or
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`stopped the IV bag from reaching the patient.
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`21. Plaintiff Premezzi was unaware of any hospital policy update and did not receive any
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`updatedtraining.
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`
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`worked as a surgical technician at Mercy Health System Operating Room Unit in Janesville,
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`Wisconsin from 1999 to 2005 before she received her doctorate degree in pharmacy from
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`University of Wisconsin School of Pharmacy. Plaintiff has been a hospital pharmacist since 2005
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`making IV sterile preparations in Wisconsin, Florida and New York.Plaintiff Premezzi’s concept
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`and technique ofsterility are undeniably trusted with 20+ years of zero incident.
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`23. Additionally, Plaintiff Premezzi is aware that the assistant director, Mirella, routinely
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`adjusted sterile syringes outside of the clean room to remove any bubbles, which wasacceptable
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`by Pradeepan.
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`24. Defendant Blythedale and Prandeepanfailed to provide monthly medication error reports,
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`write ups and counseling of others who madeerrors further proves that a different standard was
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`consistently applied to Plaintiff.
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`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 5 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 5 of 14
`22. In addition, Plaintiff Premezzi has a degree in surgical technology and wascertified and
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`25. In April of 2020, Plaintiff Premezzi contracted COVID-19, a global pandemicthatled to a
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`rise in violence and phobia toward Asian Americans.
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`26. Despite completing the COVID-19 quarantine, Plaintiff Premezzi was forced to work by
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`herself in the pharmacy and was the only pharmacist who worked three times in the pharmacy,
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`completing 39 hours for the week. Two of the other pharmacists did not work in the pharmacyat
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`all. One pharmacist worked twice in the pharmacy, completing 20.5 hours, one pharmacist
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`worked once in the pharmacy, completing 13 hours and another pharmacist worked once in the
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`pharmacy, completing 7.5 hours.
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`27. The first day Plaintiff returned to work after quarantine was on April 28, 2020. Pradeepan
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`remained in his office and did not offer Plaintiff Premezzi a break, despite her being the sole
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`pharmacist
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`in the pharmacy. After working non-stop from 8 am to 4 pm, Plaintiff called
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`Pradeepan’s office, requesting him to cover for her so she maytake a break to get food and fresh
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`Pradeepan stated that he was “not obligated to give a break per labor laws...” His tone was
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`extremely abusive, threatening and demeaning.
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`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 6 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 6 of 14
`air, considering that she was wearing a maskfor the entire day without any chance to removeit.
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`28. Defendant alleged that Plaintiff Premezzi made four errors during January 10, 2020
`
`through June 9, 2020. However, one of those alleged incidents from May 7, 2020 was made by
`
`two pharmacists working from home before the medication reached Plaintiff, who was only
`
`responsible for labeling the product with a matching patient’s name. The other two pharmacists
`
`madethe error but did not get any disciplinary action. Yet Plaintiff, due to her national origin and
`
`race, was reprimandedfor the mistake she did not make.
`
`29. An alleged incident on June 9, 2020 was in fact, not an error. The label of a STAT
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`Alteplase order did not print due to a program defect. Plaintiff acted in a manner which any
`
`pharmacist would routinely do, and changed the dose from 0.5 mg to 0 mg in the dosefield and
`
`type the dose = 0.5 mg = 0.5 mlin the doseinstruction field. The order was entered at 10:24 am.
`
`Plaintiff finished editing the order at 10:28 am, then proceededto call, text and email both the
`
`pharmacy and Pradeepan immediately to inform them of the STAT order. Plaintiff did not receive
`
`a response. Next, Plaintiff emailed the HR director, Cindy De Muroat 10:30 am to document her
`
`efforts to communicate with the pharmacy regarding the STAT order.
`
`30. The alleged incident on March 11, 2020 accused Plaintiff Premezzi of entering an
`
`incorrect number of syringes and packaging syringes in a bag with incorrect expiration dates.
`
`However, this was a part of the narcotic pharmacist’s responsibility and duties. Plaintiff was
`
`trying to assist the narcotic pharmacist but was misinformedby the technician who packaged the
`
`syringes. Thus, there wasnoerror in the total inventory and this wasnot patient-care related.
`
`31. Further, the pharmacy, as a whole, made more than one error during the January 10,
`
`2020-June 9, 2020 period. However, Pradeepan refused to disclose the total numberoferrors the
`
`
`
`taken, as a further attempt to alienate and demonizePlaintiff.
`
`32. During the course of Plaintiff Premezzi’s employment, she complained multiple times via
`
`e-mail to Vice President John Flanagan and Human Resourcesdirector Cindy De Muro regarding
`
`Pradeepan’s discriminatory behavior. Specifically, Plaintiff complained about Pradeepan’s
`
`harassing conduct on May 19, 2020 and August 10, 2020.
`
`33. However, nothing was done to reprimand Pradeepan nor resolve the discriminatory
`
`conduct and Plaintiff’s complaints were dismissed. Plaintiff sent an email on May 19, 2020 and
`
`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 7 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 7 of 14
`pharmacy made during the period, who made them and whetherthe samedisciplinary action was
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`August 10, 2020.
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`34. In May and August of 2019, Plaintiff Premezzi was rear ended in an automobile accident.
`
`The August 2019 incident resulted in an ongoing back injury. Furthermore, Plaintiff’s husband
`
`had brain surgery in February 2020 as a result of Hydrocephalus. Plaintiff took an extended leave
`
`from August to November 2020 to care for her husband. However, when she returned from her
`
`medical leave, she was terminated. Plaintiff was fired and escorted out of the Blythedale building
`
`during her 4 pm dinner break on December 14, 2020. Plaintiff’s husband, whois now deceased,
`
`was covered under the Blythedale group health insurance. All health insurancesstart coverage on
`
`the first of the month and as a result of her sudden termination in the middle of the month and
`
`before Christmas, Plaintiff’s husband was forced to switch to Medicare Part B enrollment, which
`
`would take over two months and requires Blythedale HR to complete the CMS L564 form.
`
`Plaintiff was not provided any termination paper or any paperwork that she could submitto start
`
`her elderly husband’s Medicare Part B enrollment.
`
`35. On December 16, 2020, Plaintiff Premezzi emailed HR to request employment
`
`information for Medicare. She did not receive a response from HR, further portraying the
`
`harbored animosity that Defendant Blythedale held against Plaintiff.
`
`
`
`CMS L564 form and no termination paperwork, Plaintiff Premezzi emailed HR along with VP,
`
`John Folanagan a Paid Family Leave Complaint on December18, 2020. HR representative Cindy
`
`then responded on December 19, 2020. Plaintiff was then able to use her response, page 3 of the
`
`PFL-DC-119 form,
`
`to complete the CMS L564 form for Medicare Part B enrollment for
`
`Plaintiff’s late husband.
`
`37. It should be noted that Plaintiff did not receive any COBRA paperworkuntil January 21,
`
`2020.
`
`Case 1:22-cv-04092 Document 1 Filed 05/19/22 Page 8 of 14
`Case 1:22-cv-04092 Document1 Filed 05/19/22 Page 8 of 14
`36. As a result of no response from the HR department at Blythedale hospital to complete the
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`38. Once Plaintiff Premezzi was terminated, she immediately started seeking new work.
`
`Plaintiff received a call from Defendant Blythedale Children’s Hospital, threatening that if the
`
`Complaint was not withdrawn, opposing counsel would smear Plaintiff in the public record,
`
`making it extremely difficult for her to find new work. Thus, displaying another form ofracially
`
`motivated harassment.
`
`39. Defendant, and its employees, harassed and abused Plaintiff by their workplace
`
`discrimination on the basis of Plaintiff’s
`
`race, national origin, disability and opposed
`
`discrimination/retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42
`
`U.S.C. §§ 2000e et seq.
`
`(“Title VII’) and Age Discrimination in Employment Act of 1967, 29
`
`U.S.C. §§ 621 et seq. (“ADEA”). Thus putting Plaintiff in disciplinary jeopardy, as well as
`
`allowing an environment where supervisors could regularly harass Plaintiff on the job and even
`
`falsely accusing