`NYSCEF DOC. NO. 1
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`INDEX NO. 153909/2023
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`RECEIVED NYSCEF: 05/01/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF
`NEW YORK
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`JENNIFER CARREÓN AMBERT,
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`Index No.
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`Plaintiff(s),
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`-against-
`THE NEW YORK CITY DEPARTMENT OF EDUCATION,
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`Summons
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`Defendant(s).
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`Date Index No. Purchased:
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`To the above named Defendant(s)
`THE NEW YORK CITY DEPARTMENT OF EDUCATION
`52 Chambers Street
`New York, New York 10007
`You are hereby summoned to answer the complaint in this action and to serve
`a copy of your answer, or, if the complaint is not served with this summons, to serve
`a notice of appearance, on the Plaintiff's attorney within 20 days after the service of
`this summons, exclusive of the day of service (or within 30 days after the service is
`complete if this summons is not personally delivered to you within the State of New
`York); and in case of your failure to appear or answer, judgment will be taken against
`you by default for the relief demanded in the complaint.
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`The basis of venue is
`Defendant's headquarters
`which is
`New York County
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`,
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`Dated:
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`New York, NY
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`April 25, 2023
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`
`
`Schwartz Perry & Heller, LLPwarrrrrrrtz Ptzttttttttt erry & Helleleeeeeeee er,
`by__________________________
`____________________________________________ _________________________
`
`Brian Helleran Heller
`Attorneys for Plaintiff
`3 Park Avenue, Suite 2700
`New York, NY 10016
`(212) 889-6565
`bheller@sphlegal.com
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`NYSCEF DOC. NO. 1
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`INDEX NO. 153909/2023
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`RECEIVED NYSCEF: 05/01/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`JENNIFER CARREÓN AMBERT,
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`Plaintiff,
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`-against-
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`THE NEW YORK CITY DEPARTMENT OF EDUCATION,
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`Defendant.
`--------------------------------------------------------------------------X
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`Index No.:
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`VERIFIED COMPLAINT
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`
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`Plaintiff Jennifer Carreón Ambert, as and for her Verified Complaint, all upon information
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`and belief, respectfully alleges as follows:
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`IDENTITY OF THE PARTIES
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`1.
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`At all relevant times mentioned herein, Plaintiff Jennifer Carreón Ambert
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`(“Carreón”) was employed by Defendant the New York City Department of Education (“DOE”).
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`2.
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`At all relevant times mentioned herein, the DOE was and is a New York City
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`governmental agency responsible for the administration of New York City’s public-school system.
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`3.
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`Carreón filed a notice of claim against the DOE on August 17, 2023 the DOE took
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`a deposition of Carreón pursuant to §50-h of the General Municipal Law on December 21, 2022,
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`so that all administrative prerequisites of Education Law §3813 have been satisfied.
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`BACKGROUND RELEVANT TO ALL CAUSES OF ACTION
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`4.
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`Carreón commenced her employment with the DOE as a Third Grade Teacher in
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`or around June 2002.
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`5.
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`At all relevant times, Carreón was fully qualified for her position, as confirmed by
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`her education and the numerous promotions she received.
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`6.
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`During the many years of her employment, Carreón was promoted to Model
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`Teacher, Assistant Principal, Principal, Director of New Principal Support, Director of Teaching
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`& Learning and then Acting Superintendent.
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`7.
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`In or around February 2019, Carreón was formally named Superintendent of
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`District 27, which was the largest school district in Queens.
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`8.
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`By all measures, Carreón succeeded as Superintendent, improving the services that
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`the DOE offered to their students, including continuing to succeed during the COVID-19
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`pandemic.
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`9.
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`Carreón received positive feedback from very senior DOE officials, including then-
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`Chancellor Richard Carranza, First Deputy Chancellor Cheryl Watson-Harris, Executive
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`Superintendent Dr. Andre Spencer and his successor, Dr. Mauriciere De Govia, as well as
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`Chancellor Meisha Porter.
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`10.
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`In June 2021, Carreón received a rating of “Highly Effective,” confirming her
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`positive contribution to the DOE.
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`11.
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`In December 2021, First Deputy Chancellor Donald Conyers raved about the
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`impact of Carreón’s tenure as Superintendent, especially in the Rockaways.
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`12.
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`Carreón was one of only three Asian American Superintendents, out of a total of
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`45 individuals serving as Superintendent throughout the DOE.
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`13.
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`On or about January 1, 2022, David C. Banks (“Banks”) became the Chancellor of
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`the DOE.
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`14.
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`At or around the end of February 2022, Banks announced that individuals in the
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`role of Superintendent would have to re-apply for their position and, if selected, they would have
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`an increase in responsibilities.
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`15.
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`The posting for the Superintendent positions were released at or around the end of
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`March 2022, and Carreón applied.
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`16.
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`On or about April 19, 2022, Carreón had an interview with Deputy Chancellor for
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`School Leadership, Dr. Desmond Blackburn (“Dr. Blackburn”).
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`17.
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`During that interview, Carreón presented a 20-minute PowerPoint describing the
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`successes that she had achieved thus far and the advancements that she would be able to obtain,
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`and Carreón received very positive feedback from Blackburn.
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`18.
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`Carreón became aware that there were two other candidates for Superintendent,
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`David Norment (“Norment”), who had served as Carreón’s Deputy Superintendent, and Shirley
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`Wheeler-Massey.
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`19.
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`Despite Carreón’s clear qualifications, she was not selected for the Superintendent
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`position.
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`20.
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`Instead, Blackburn advised Carreón on June 27, 2022 that Norment had been
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`selected as Superintendent, even though he was clearly not as experienced as Carreón, as
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`confirmed by the fact that he had been Carreón’s Deputy.
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`21.
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`The DOE could not provide a legitimate reason for why Norment was selected over
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`Carreón, as Blackburn told Carreón only that “the Chancellor decided to go in a different direction
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`in [Carreón’s] district.”
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`22.
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`The real reason why Norment was selected over Carreón was because he was an
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`African American man, and she was an Asian American woman.
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`23.
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`The DOE, in addition to its own preference to place African American men in high-
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`level positions, acceded to the discriminatory push by certain members of the community to select
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`Norment solely because of his race, as confirmed by social media posts that stated words to the
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`effect of, “Vote the Brother In.”
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`24.
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`Additionally, Lisa Johnson Cooper, the President of the Community Education
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`Council for District 27, who was on the panel making recommendations for Superintendent
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`position, told Carreón that she felt the process was becoming “racist.”
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`25.
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`Since Banks began as Chancellor, the DOE has more African American
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`Superintendents than previously, while still having only three Asian American Superintendents.
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`26.
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`Carreón was told that she could either retire or accept a lower role within the DOE,
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`and that if she stayed, she would not receive the increased compensation that was assigned to the
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`new Superintendent position.
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`27.
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`Carreón subsequently learned that, during the onboarding for the appointed
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`Superintendents during the week of July 11, 2022, the Chancellor’s team openly commented to
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`the room, “Look around the room, what do you notice? There’s a black male at every table,”
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`confirming that race and gender played a role in hiring decisions at the DOE.
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`28.
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`As a result of the DOE’s discriminatory conduct, Carreón has been caused to suffer
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`injuries resulting in financial loss, emotional anguish and suffering, and has been humiliated,
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`demeaned and otherwise degraded because of the DOE’s outrageous conduct in violation of
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`Carreón’s human rights, all of which impacted her well-being and the quality of her life.
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`AS FOR A FIRST CAUSE OF ACTION ON BEHALF
`OF CARREÓN AGAINST THE DOE FOR RACE
`DISCRIMINATION IN VIOLATION OF §8-107(1)(a)
`OF THE NEW YORK CITY HUMAN RIGHTS LAW
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`29.
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`Carreón repeats, re-alleges and incorporates in full paragraphs 1 through 28 of this
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`Complaint as though fully set forth at length herein.
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`30.
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`At the time Carreón was subjected to the discriminatory conduct described herein,
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`she was in a protected class under the New York City Human Rights Law because of her race,
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`which is Asian.
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`31.
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`Throughout the time of her employment with the DOE, Carreón was fully qualified
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`for her position and was in a position to continue working in that capacity.
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`32.
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`The DOE treated Carreón less well because of her race and took adverse
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`employment action against her by refusing to assign her to the Superintendent position she already
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`held because of her Asian national origin, as confirmed by the fact that an African American male
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`received her role, even though he was her Deputy and less experienced than her.
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`33.
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`The circumstances surrounding the DOE’s treatment termination of Carreón,
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`including the DOE’s preference for African American men to be in Superintendent roles, the fact
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`that one of the individuals on the panel who made the recommendations for Superintendent felt
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`the process was becoming “racist,” and the public desire to “Vote the Brother In,” give rise to a
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`very real inference that the actual basis for the DOE’s actions against Carreón were motivated by
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`race discrimination.
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`34.
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`The aforementioned acts of the DOE constitute unlawful discrimination against
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`Carreón in violation of Chapter I, Title 8 of the Administrative Code of the City of New York, §8-
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`107(1)(a) (referred to herein as “the New York City Human Rights Law”), which provides, inter
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`alia that:
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`It shall be unlawful discriminatory practice . . .[f]or an employer or
`an employee or agent thereof, because of the actual or perceived . .
`. race . . . of any person . . . to discharge from employment such
`person or to discriminate against such person in compensation or in
`terms, conditions or privileges of employment.
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`As a result of the DOE’s violation of the New York City Human Rights Law §8-
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`35.
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`107(1)(a), the DOE is liable to Carreón pursuant to §8-502(a) of said statute for “damages,
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`including punitive damages,” and pursuant to §8-502(f) of the statute for “costs and reasonable
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`RECEIVED NYSCEF: 05/01/2023
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`attorney’s fees,” as provided for under the law.
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`36.
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`Carreón has been caused to suffer injuries resulting in financial loss, emotional
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`anguish and suffering, and has been humiliated, demeaned and otherwise degraded because of the
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`DOE’s outrageous conduct in violation of Carreón’s human rights, all of which has impacted her
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`well-being and the quality of her life.
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`37.
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`As a direct and proximate result of the DOE’s discriminatory conduct complained
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`of herein, Carreón has suffered damages, injuries and losses, both actual and prospective, which
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`include the emotional pain and suffering she has been caused to suffer and continues to suffer, all
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`of which Carreón alleges to be in the amount of Ten Million Dollars ($10,000,000).
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`38.
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`Carreón, therefore, seeks judgment against the DOE on this First Cause of Action,
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`including, among other things, for compensatory damages in the sum of Ten Million Dollars
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`($10,000,000), together with costs, pre-judgment interest and reasonable attorney’s fees on this
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`Cause of Action.
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`AS FOR A SECOND CAUSE OF ACTION ON BEHALF
`OF CARREÓN AGAINST THE DOE FOR GENDER
`DISCRIMINATION IN VIOLATION OF §8-107(1)(a)
`OF THE NEW YORK CITY HUMAN RIGHTS LAW
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`39.
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`Carreón repeats, re-alleges and incorporates in full paragraphs 1 through 38 of this
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`Complaint as though fully set forth at length herein.
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`40.
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`At the time Carreón was subjected to the discriminatory conduct described herein,
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`she was in a protected class under the New York City Human Rights Law because of her gender.
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`41.
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`Throughout the time of her employment with the DOE, Carreón was fully qualified
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`for her position and was in a position to continue working in that capacity.
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`42.
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`The DOE treated Carreón less well because of her gender and took adverse
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`employment action against her by refusing to assign her to the Superintendent position she already
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`held because of her gender, as confirmed by the fact that an African American male received her
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`role, even though he was her Deputy and less experienced than her.
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`43.
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`The circumstances surrounding the DOE’s treatment termination of Carreón,
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`including the DOE’s preference for African American men to be in Superintendent roles and the
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`public desire to “Vote the Brother In,” give rise to a very real inference that the actual basis for the
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`DOE’s actions against Carreón were motivated by gender discrimination.
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`44.
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`The aforementioned acts of the DOE constitute unlawful discrimination against
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`Carreón in violation of Chapter I, Title 8 of the Administrative Code of the City of New York, §8-
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`107(1)(a) (referred to herein as “the New York City Human Rights Law”), which provides, inter
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`alia that:
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`It shall be unlawful discriminatory practice . . .[f]or an employer or
`an employee or agent thereof, because of the actual or perceived . .
`. gender . . . of any person . . . to discharge from employment such
`person or to discriminate against such person in compensation or in
`terms, conditions or privileges of employment.
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`As a result of the DOE’s violation of the New York City Human Rights Law §8-
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`45.
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`107(1)(a), the DOE is liable to Carreón pursuant to §8-502(a) of said statute for “damages,
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`including punitive damages,” and pursuant to §8-502(f) of the statute for “costs and reasonable
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`attorney’s fees,” as provided for under the law.
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`46.
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`Carreón has been caused to suffer injuries resulting in financial loss, emotional
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`anguish and suffering, and has been humiliated, demeaned and otherwise degraded because of the
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`DOE’s outrageous conduct in violation of Carreón’s human rights, all of which has impacted her
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`well-being and the quality of her life.
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`47.
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`As a direct and proximate result of the DOE’s discriminatory conduct complained
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`of herein, Carreón has suffered damages, injuries and losses, both actual and prospective, which
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`include the emotional pain and suffering she has been caused to suffer and continues to suffer, all
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`of which Carreón alleges to be in the amount of Ten Million Dollars ($10,000,000).
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`48.
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`Carreón, therefore, seeks judgment against the DOE on this Second Cause of
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`Action, including, among other things, for compensatory damages in the sum of Ten Million
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`Dollars ($10,000,000), together with costs, pre-judgment interest and reasonable attorney’s fees
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`on this Cause of Action.
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`WHEREFORE, Plaintiff demands judgment against Defendant on the First Cause of
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`Action in the sum of Ten Million Dollars ($10,000,000) in compensatory damages; on the Second
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`Cause of Action in the additional sum of Ten Million Dollars ($10,000,000) in compensatory
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`damages; so that Plaintiff seeks a total of Twenty Million Dollars ($20,000,000), plus, for each
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`Cause of Action, attorney’s fees, pre-judgment interest and the costs of this action as is permitted
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`under the law; and for such other and further relief that the Court deems just and proper.
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`SCHWARTZ PERRY & HELLER, LLP
`ys for Plaintifffff
`Attorneys for Plaintiff
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`__________________________________
`By:______________________________
`BRIAN HELLE
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`BRIAN HELLER
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`DAVIDA S. PERRY
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`3 Park Avenue, Suite 2700
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`New York, NY 10016
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`(212) 889-6565
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`8
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`FILED: NEW YORK COUNTY CLERK 05/01/2023 09:18 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 153909/2023
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`RECEIVED NYSCEF: 05/01/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`--------------------------------------
`JENNIFER CARRE6N AMBERT,
`
`- - - -X
`
`Plaintiff,
`
`-against-
`
`THE NEW YORK CITY DEPARTMENT OF EDUCATION,
`
`Defendant.
`-----------------------------------------------------------X
`
`STATE OF NEW YORK
`
`COUNTY OF QUEENS
`
`)
`)ss.
`)
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`Index No.:
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`VERIFICATION
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`JENNIFER CARRE6N AMBERT, being duly sworn, says:
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`I am the Plaintiff in the within action; I have read the foregoing Complaint and know the
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`contents thereof; the same is true to my knowledge, except as to the matters therein stated to be
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`alleged on infom1ation and belief, and as to those matters, I believe them to be true.
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`NOTAR
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