Law Street Media

New York Hospital Accused of Discriminatory Practices

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A former technician filed suit on Monday in the Eastern District of New York against defendants Mount Sinai Hospital South Nassau, Suhas Kavthekar, Jincy Thomas, and Wilson Davila over allegations that she received discriminatory treatment over the course of 16 years.

The plaintiff, an African American woman, was hired at Mt. Sinai as a Nuclear Medicine Technician in 2001, the complaint said. She had a demonstrated track record of success and commitment when Kavthekar became the new Chief Technologist in 2006. The plaintiff alleges that Kavthekar and her non-African American colleagues began to frequently harass and berate her. Kavthekar purportedly took no action after she lodged multiple complaints with him in regard to the way she was being treated.

The plaintiff eventually took her complaints up to a higher level with the Director of Radiology, Davila. The complaint describes that he “immediately dismissed” the plaintiff’s complaint and “stated that he did not want to hear any complaints of past conduct.”

In October 2018, the plaintiff applied for a promotion which she asserts she was fully qualified for. Despite the position first being posted internally, an outside hire, Defendant Thomas, was selected for the position. The plaintiff believes that she was “discriminatorily denied the promotion” since she was more qualified and experienced than Thomas and because of Mt. Sinai’s demonstrated history of passing over qualified African American employees for promotions.

After the plaintiff experienced discriminatory treatment at the hands of defendants Kavthekar and Thomas well into 2019, she once again complained to defendant Davila. Her complaints were not taken in a serious manner, as she explains that Davila would instead give suggestions that she go out to lunch with Kavthekar and Thomas to resolve the issue.

When conditions worsened, the plaintiff approached the human resources department at Mt. Sinai. The plaintiff said she was “gaslighted and asked if she greets Defendant Thomas by saying good morning when she arrives.” The discrimination continued and the plaintiff was even written up by the defendants for customary practices that non-African American employees were not written up for, the complaint said.

On August 17, 2021, defendant Thomas allegedly falsely accused the plaintiff of purposely striking her with a wheelchair, an accusation which the plaintiff immediately denied. Over the next few months, the plaintiff argues that Thomas tried to push her out of her position by “failing to relay important messages, refusing to perform tasks, and misreporting interactions.”

The complaint cites violations of the Civil Rights Act, New York State Executive Law for aiding and abetting discrimination and for retaliation, and violations in hiring, training, retention, and supervision practices. The plaintiff is seeking favorable judgment on all counts, damages for economic and emotional injuries, litigation fees, and any other relief deemed equitable by the Court.

The plaintiff is represented in the litigation by The Cochran Firm.

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