United States District Court Southern District of New York - X

Case 1:20-cv-09732-AT Document 1 Filed 11/19/20 Page 1 of 26
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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BREEANA GEORGE,
Plaintiff, COMPLAINT &

JURY DEMAND
vs.
RIVERSIDE PARK CONSERVANCY, DOCKET #
Defendant.
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NATURE OF THE ACTION
Plaintiff Breeana George, an urban gardener, brings this action against Defendant
Riverside Park Conservancy, a park improvement organization, for sex discrimination,
sexual harassment and retaliation. Riverside Park Conservancy has ratified a hostile work
environment against Plaintiff because of her sex by: (1) Defendant’s repeated failure to
address and remedy sexual harassment of Plaintiff, her co-workers and others working
alongside them in the Park; (2) allowing sexual rumors about Plaintiff and other women
to negatively affect their professional standing; (3) perpetuating a sexist work culture that
objectifies women and views them as less capable than men, and (4) tolerating and
endorsing this heightening hostile work environment, thereby constructively discharging
Plaintiff. Riverside Park Conservancy has also discriminated against Plaintiff based upon
her sex, retaliated against her and constructively terminated her by passing her over for at
least three promotions for which she was well-qualified. Instead of abiding by its mission
to make Riverside Park safe, equitable and accessible to all, Defendant has licensed
dangerous and damaging working conditions for women.
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THE PARTIES
1. Breeana George (“Breeana”) was a 24 year-old woman when she was
hired as a Zone Gardener by Riverside Parks Conservancy in 2015. She is a resident of
New York County.
2. Riverside Park Conservancy (“RPC”) is a non-profit organization based
in Riverside Park, Manhattan, running between West 59th and 181st Street. It is located at
475 Riverside Drive, Suite 455, New York, N.Y. 10115.
JURISDICTION
3. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331
and § 1367 for civil actions arising under the laws of the United States and supplemental
jurisdiction.
4. Plaintiff has exhausted her administrative remedies by dual-filing a charge
of discrimination and retaliation with the New York City Commission on Human Rights
(“NYCCHR”) and the United States Equal Employment Opportunity Commission; she
and has received from the NYCCHR a finding of “Probable Cause” that RPC has
engaged in unlawful discriminatory practices.
5. Contemporaneous with commencement of this action, a copy of this
complaint was served on the New York City Commission on Human Rights and the
Office of Corporation Counsel of the City of New York, thereby satisfying the notice
requirements of Section 8-502 of the New York City Administrative Code.
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VENUE
6. Venue is proper in this district under 28 U.S.C. § 1391(b) because a
substantial part of the events giving rise to Plaintiff’s claim occurred in the Southern
District of New York.
FACTS
7. RPC is a park maintenance organization that supports the New York City
Parks Department (“NYC Parks”) in its mission to improve and enrich the lives of New
Yorkers.
8. Plaintiff Breeana George was 24 years old when she moved from her
home across the country in Seattle to New York City to pursue her dream of a building a
horticultural career in an urban environment.
9. She was hired as a Zone Gardener for RPC around mid-September of 2015
and her job was to maintain Riverside Park (the “Park”) and its historical land by using
sustainable practices such as hand weeding, composting, and propagation. In addition to
cultivating the land in her zone, a significant part of Breeana’s role was to spread
excitement about urban gardening; she regularly shepherded student and community
groups in engaging projects and she hosted events with hundreds of corporate volunteers
from companies like Microsoft or Morgan Stanley.
10. Breeana came to New York City with infectious energy and optimism
about promoting citizen science and spreading her passion for green spaces.
Women are Sexually Harassed at Riverside Park
11. Sexual harassment was a dangerous and growing problem in Riverside
Park when Breeana started at RPC in 2015, which particularly targeted the vulnerable
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women who were mandated to work at the Park through the New York City Job Training
Program (”JTP”) as a requirement of receiving public assistance.
12. RPC and New York City Department of Parks and Recreation (“NYC
Parks”) collectively tend Riverside Park, actively collaborate in managing workers and
sharing information. Tower knew that sexual harassment was a concern in the Park. In
particular, she was aware that an RPC employee prevented a NYC Parks supervisor from
further sexually assaulting a JTP worker; there were reports of NYC Parks employees
demanding sexual favors in return for overtime pay; and there were reports that managers
paid subordinates for sexual favors.
13. RPC employees that sought to prevent these sexual assaults and make the
Park a place that all New Yorkers could enjoy were discouraged by Tower and former-
President John Herrold’s lack of support.
14. Right in the first weeks of her employment, Breeana was subjected to
sexual harassment by her supervisor, Mark Hill (“Hill”), a white man in his early 60s.
They had worked together throughout the Park, traveling alone in an RPC truck.
Throughout the course of the day, he would repeatedly make inappropriate racist, sexual,
and sexist comments to Breeana and other staff members.
15. For example, Hill made derogatory comments about people from the
Dominican Republic and other people of color. He said that a certain area of Riverside
Park was “trashy” because Dominicans were still acting like they were in their home
country. Hill said that “undesirables” living in Harlem were to blame for the deteriorating
condition of North Park and the “10 mile” area of the Park. He said that the Green
Keepers, a group of volunteers in the Park, consisted of people who were mostly old and
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Black and couldn’t do much more than be handed a rake or shovel. Managers were
present for some of these comments by Hill.
16. Hill also made sexist remarks. He claimed he would have picked a
carpenter job if he had known how many “young, hot women” were working in that
industry. Seeing some female architects working near Grants Tomb, he noted how
attractive they were and said he would have changed jobs to be an architect if he had
known that such “hot girls” worked in that field. Hill often made sexually suggestive
remarks and used sexual innuendos, which made many feel uncomfortable working with
him.
17. Hill maintained a sexist belief, based upon gender stereotypes, that some
duties at the Park were unsuitable for women. For example, Hill stated that women
should never drive big trucks and would demonstrably cringe whenever females would
drive. When women were doing physical or technical tasks, he would say demeaningly,
“You look like you need help.”
18. During work hours, Hill would often tell young, female gardeners that he
was “kidnapping” them and take them to a historic site like a church, and force them to
be a captive audience to his commentary. He would instruct those gardeners to lie to
supervisors about their whereabouts.
19. Hill would also always find excuses to touch Breeana. While sitting next
to him, trapped in the truck, he would put his hand on her hand, leg, elbow, knee or
shoulder. In general, he would rarely make eye contact and instead always looked at her
body while giving her instructions or talking to her.
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20. Within two weeks of Breeana starting at RPC, on September 23, 2015,
Hill physically assaulted her. While the two were in the truck alone, Breeana was
distracted on a phone call in the passenger seat. At that moment, Hill deliberately tapped
his hand hardly on Breeana’s breast.
21. Breeana reacted verbally and then immediately hung up the phone. Seeing
from her face that Breeana was very disturbed by his actions, Hill responded by saying he
was trying to get her attention and then said, sarcastically, “I'm sorry, where is my saw so
I can cut my hand off?”
22. There were no human resources personnel at RPC and Breeana was not
aware of any sexual harassment policy or procedure on how to report such conduct.
There had never been any kind of training about sexual harassment provided by RPC.
Breeana asked her co-workers what to do, and then decided to speak to supervisor Lynda
Tower to complain about Hill’s sexual assault.
23. Lynda Tower (“Tower”) is the Vice President of Parks Operations for
Riverside Park Conservancy and was Breeana’s supervisor at all times.
RPC Employees Report Sexist, Racist and Sexually Harassing Conduct
24. Breeana explained to Tower what had happened. She also told her about
her persistent discomfort with Hill’s comments and staring and that she knew that Hill
didn’t touch her breast by accident. At first, Tower tried to brush it off, saying
dismissively that “[Hill’s] just like that.” Tower was unsupportive and said nothing about
what she would do to remedy the situation.
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25. When Breeana made clear that she did not intend to just let it go, as Tower
wanted her to, Tower told her that she’d handle this on her own. She did not ask Breeana
to fill out a formal complaint or send an email memorializing her complaint.
26. On that same day, other co-workers spoke to Tower and confirmed
Breeana’s report of Hill’s sexual attention towards Breeana and expressed discomfort
with his frequent sexist and racist comments.
Sexual Harassment Persists because RPC Fails to Take Effective Remedial Action
27. After the conversation with Tower, nothing changed for Breeana. RPC did
not take effective and meaningful action to prevent Hill’s harassment. RPC did not
separate Breeana from her harasser. Hill remained her assigned supervisor and she
continued to ride alone in that same truck with him and work alongside him all day.
Hill’s behavior did not change and he continued to touch her, stare at her and make sexist
and sexual comments.
28. About five weeks later, on or about November 4, 2015, Hill made
inappropriate remarks about sexual fantasies to a NYC Parks Supervisor of 10 years,
Nicole Brewer (“Brewer”). Brewer complained to her supervisor in the NYC Parks
Department, Millie Cruz.
29. Brewer then complained to Tower, who responded to her with skepticism
and a lack of concern. She said dismissively, "Well, what do you want me to do with
him?" After her complaint, Hill continued to work at the Park with Brewer and she never
heard back about what happened to her complaint.
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30. On November 7, 2015, at the Butterfly Garden in Riverside Park, Mark
Hill grabbed another female Zone Gardener, Marilyn Griffin-Ramos (“Griffin-Ramos”)
and pressed his body against hers in front of a group of male volunteers from a fraternity.
31. Griffin-Ramos complained for a second time to Tower. Tower reacted in
the same dismissive way that she had towards Breeana and Brewer and gave no concrete
assurances about what, if anything, she would do to curtail Hill’s behavior.
32. For months, Breeana waited for news of an investigation and hoped to be
reassigned. No one was notified of any investigation or findings. RPC did not make any
changes in the reporting structure, did not conduct any discrimination or harassment
trainings and did not make any statement to the staff about sexual harassment or any
disciplinary action against Hill. RPC was silent and Hill’s behavior did not change.
33. In or around the late fall of 2016, after Breeana believed she had passed
her probationary period at RPC and was not in danger of losing her job, she approached
another supervisor at the Conservancy, William Curtis-Bey (“Curtis-Bey”). She informed
him about the continuing sexual harassment and the fact that Tower had not protected
workers from Hill. Curtis-Bey also spoke to Marilyn Griffin-Ramos, who had
complained more than once about Hill.
34. Though a manager, Curtis-Bey had not been notified by Tower about
Hill’s conduct. He immediately approached Tower and demanded that measures be taken
to protect women in the Park. Tower reluctantly agreed to allow both Zone Gardeners to
speak with her a second time to explain again what Hill had done.
35. In December 2016 Breeana spoke to Tower again and told her that Hill
was still making her feel uncomfortable in the workplace. Tower again seemed irritated
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and inconvenienced by the complaint. She expressed doubt about what Breeana told her,
by saying, “I want to make sure that you’re not just complaining because you don’t like
[Hill]. Remember, you don't have to like who you work with.” Though Breeana was
crying, Tower expressed no sympathy or contrition for not having done enough to protect
her from Hill for months.
36. Griffin-Ramos spoke separately with Tower too, and described how Hill
made comments about her body and about women, and how he had pulled his body
against hers. Tower also conveyed the same skepticism to Griffin-Ramos, saying also to
her that she shouldn’t complain just because she didn’t like Hill, and that she didn’t have
to like her co-workers.
Tower Responds Feebly to Multiple Sexual Harassment Claims
37. In early December, Tower told Breeana that Hill would not be a
supervisor at RPC. However, instead of terminating him, Tower demoted his title to a
Zone Gardener, to continue to work alongside all the women that he had harassed.
38. RPC did not take any steps to retrain the entire staff and disavow sexual
harassment, and did not establish clearer mechanisms to prevent future recurrence. RPC
did not communicate to the staff about the reason for the demotion, and did not make a
statement condemning sexual harassment and gender stereotyping.
39. Hill continued to work among the staff in daily group meetings and on
joint projects. Hill refused to ride alone and no women except Tower wanted to ride with
in the truck with Hill. Every morning Curtis-Bey had to arrange teams so that Hill would
not be alone in the truck with any women, though Hill did not seem to know that.
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40. The demotion did not stop Hill from making sexual, sexist and racist
comments. One day, while clocking in, he made the same sexual innuendo three times,
waiting for a reaction. He kept repeating, “I can be too quick. My wife doesn’t like that
about me.” Other times Hill would create discomfort by saying, “I’m thinking something
inappropriate, but I’m not going to say it.”
41. Hill continued to stare at Breeana and her body. At times he would stand
back from a project together and just watch Breeana bend over and lift things. For
example, one day after she changed out of her work clothes, he conspicuously looked her
up and down and raised his eyebrows. The rest of the staff witnessed what he did, and
later commented on it.
42. One day at a group meeting he asked for a man to assist him on a task.
Breeana asked, why not a female? He responded that it was a “dirty job.”
43. On January 9, 2017, at the “Mulchfest,” an annual public festival at the
Park, Curtis-Bey tried to prevent Hill from assuming duties that would place him in
significant contact with the public, considering Hill’s history with sexual harassment.
Tower refused to acknowledge the concerns, and insisted that Hill was a “great look” for
RPC.
44. RPC’s ineffectual response to the sexual harassment caused staff to
conclude that such conduct would have mild consequences. In mid-2017, RPC co-worker
and Zone Gardener Lakisha Johnson (“Johnson”) told Breeana that she had been sexually
harassed by workers in the Park. Johnson complained to Tower about the sexual
harassment but she again did not act on those complaints.
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RPC Sanctions Humiliating Sexual Rumors about Women
45. In February 2016, several male employees commenced a campaign to
ruin Breeana’s untarnished work reputation and to demean her because she is a woman.
RPC knew about it and refused to do anything.
46. RPC workers Angel Garcia, Dev Saha and Mike Hoogluiter
(“Hoogluiter”) generated and spread rumors that Breeana was performing sexual acts
with supervisor Curtis-Bey during work time, including in RPC trucks. They told staff
throughout the Park that Breeana was using company time to go on shopping sprees on
Broadway, that Curtis-Bey was clocking her out of work when she wasn’t there and that
she was benefitting and advancing due to this sexual relationship with Curtis-Bey.
47. The three male co-workers approached Millie Cruz at the Parks
Department to tell her these stories and lobbied other co-workers to complain, further
perpetuating the rumors. These unfounded insinuations and disparagement of Breeana’s
character, professionalism and work ethic continued for months.
48. In mid-summer of 2016, Hoogluiter verbally attacked Breeana in front of a
group of roughly 200 park volunteers. Referencing these rumors, he called Breeana a
“whore,” and announced to the group: “[Breeana] shouldn’t even be working
here…She’s a terrible person and has done terrible things with [Curtis-Bey].” Kristin
Meade, a Conservancy Volunteer Coordinator, held Hoogluiter back from physical attack
by pushing down his clenched fists, while Breeana’s direct supervisor, Chris McCarthy
(“McCarthy”), just stood there passively watching.
49. After this incident, as the crowd was dispersing, McCarthy did not take
any immediate measures to protect Breeana and discipline Hoogluiter. Instead, he turned
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to Breeana and asked her if Hoogluiter had behaved in that way for sexual reasons and
then asked her if she ever had sex with Curtis-Bey.
50. Breeana tried to schedule a meeting with Tower to put a stop to the sexual
rumors, but Tower avoided her for days. When Breeana finally spoke with Tower,
Breeana explained how she felt very unsafe and disrespected every day that she had to
walk into job where everyone thinks she is a “tramp.” Breeana begged Tower to
intervene. Instead, Tower responded by saying, “I don’t know what to tell you.” Then she
asked, “I just have to know if you had sex with [Curtis-Bey].” Tower coldly stated that
she couldn’t do anything about what other people were saying about her.
51. Tower subsequently wrote up the incident and placed shared blame on
both Breeana and Hoogluiter equally. Although Hoogluiter said he was sorry for yelling
at her, the rumor-mongering didn’t stop. The entire staff, including NYC Parks
employees, had been poisoned by these sexist lies and Tower made it seem like it was
just a personal conflict between Breeana and Hoogluiter. Tower again did not take the
opportunity to train and counsel the staff on prohibited behaviors.
52. Months later, on January 27, 2017, the sexual rumors continued to damage
Breeana’s hard work and reputation. On that day Breaana saw NYC Parks Supervisor
Millie Cruz (“Cruz”) driving through her zone while she was kneeling down and pulling
out flower bulbs. Later, at the office, Cruz said to Breeana in front of Francisco Grullon,
another Parks Supervisor: “I have to tell [Tower] how hard of a worker you are, I always
see you on your knees. You're just always on your knees. It never fails.” She had a big
grin on her face from having made a sexual remark suggesting that Breeana was
promiscuous. Cruz then turned to Francisco Grullon and winked.
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53. Perpetuating sexual rumors is a technique used by to degrade women and
deny their competence. Tower ratified and condoned this behavior at RPC by refusing to
condemn it and take steps to curtail this abuse, so it intensified. In 2018, Zone Gardener
Lakisha Johnson too was the target of hurtful and false sexual rumors circulated by the
male staff of RPC alleging that she was engaged in a sexual relationship with a co-
worker. Ms. Johnson also complained to Tower, who again took no action to stop the
sexually harassing and discriminatory behavior.
Tower Doesn’t Believe Women Can be Supervising Gardeners
54. Tower hired women as entry-level gardeners but did not treat them as if
they were as capable as men and didn’t envision them assuming supervisory roles as
gardeners out in the field. She applied gender stereotypes in assessing what tasks women
should do at the Park. She described one woman approvingly as “the woman that works
like a man” and said that she “worked like one of the guys.”
55. Breeana was not given the opportunities that she deserved to advance
within RPC. She is an extremely dedicated, knowledgeable and capable gardener who
had been involved with forest restoration since she was sixteen. Urban gardening is her
passion and career. She pursued an associates degree in Applied Science, specializing in
horticulture, from South Seattle College, and obtained certification in ecological
restoration, horticulture studies, and landscape maintenance.
56. Before moving to New York City to work at RPC, she spent eight years
working with forests and parks, and landscaping and botanical design in Seattle. She
worked with the Nature Consortium, which manages ecological restoration projects in
Seattle’s greenbelt, and Mara Farm, an organic farm that teaches low-income families
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about urban agriculture, food security and environmental stewardship. She was also a
manager running multiple plant departments for American Nursery Services, where she
trained and lead staff on a daily basis. She worked a second job as a floral designer for
several years, including after moving to New York, at Eli Zabar.
57. In mid-December of 2015, Breeana told Curtis-Bey that she was interested
in a management position at RPC, and he told Tower. After that, Breeana was always
vocal to Tower about her long-term career intentions and desire to grow within RPC. She
was always stepping up to the plate and doing more than her share. Tower would seek
Breeana out, instead of other gardeners, to delegate certain tasks to.
58. Typically, Tower hired from within by asking people to apply.
Breeana is Passed Over for A Less Qualified Male in May 2016
59. After Curtis-Bey was fired in mid-March 2016, both supervisor positions
at RPC were open. Tower did not ever reach out to Breeana or Griffin-Ramos, two full-
time Zone Gardeners that were women, to ask them to apply for those positions.
60. There were no supervisors on staff for many months during the spring of
2016, so Breeana asserted herself as the de facto supervisor since she had the strongest
credentials, the longest tenure and the best performance record of anyone on staff. Tower
shared with Breeana compliments for gardening and improvement of her zone from Parks
employees, members of the community, and RPC staff.
61. However, Tower instead approached a man outside RPC to proactively
inquire about his interest in the supervisor position. Damon was an employee from the
Riverside Clay Tennis Association, a group which uses the facilities at RPC. Damon
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worked part-time in the Park and was taking some classes at the Brooklyn Botanical
Garden. He declined.
62. In May 2016, a man, Chris McCarthy, was hired from outside of RPC’s
staff to fill one of the two open supervisor positions. He was less qualified as a supervisor
and as a horticulturist than Breeana. He had a degree in sociology and education, worked
for several years for a private landscaping company and seemed to have been
unemployed the year prior to his hire. McCarthy worked as a gardener for the NYC Parks
Department for almost ten years, but not in a supervisory role. He was not familiar with
Riverside Park and with working for a small, non-profit.
63. After he was hired, McCarthy did not drive a truck at all and the staff
openly complained about his incompetence. Breeana had to regularly assist him with
conducting interviews and asking applicants relevant questions because, according to
McCarthy, he “[did] not know plants.” McCarthy made multiple sexist comments and
treated women less well than men.
64. McCarthy was ultimately fired from RPC for performance reasons.
Breeana is Passed Over Again for A Less Qualified Male in December 2016
65. In June 2016, Breeana twice contacted Tower about her deep commitment
to Riverside Park and desire for the challenge of a supervisory position.
66. During that summer, Breeana and Marcus Caceres (“Caceres”), a male co-
worker, both applied for the open supervisor position. At the time, Caceres had only
been working at the Conservancy for 6-7 months, and had limited experience with public
parks. He did not study horticulture in college and also had never left his zone while
working at RPC. Caceres did not have any management experience.
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67. Both Breeana and Caceres interviewed for the supervisor position. His
interview was over an hour long, and Breeana’s interview lasted only 20 minutes.
68. In December 2016, Tower selected Caceres for the position. RPC again
chose a man for the supervisor position, but Breeana had to train him because she had
more experience and skills. During the first couple of weeks of his promotion, Caceres
was assigned to ride with Breeana all day to learn the ropes.
69. Caceres was ultimately demoted by RPC for performance reasons.
70. Nine months later, RPC created the position of “Manager of Operations”
in order to hire Matthew Morrow (“Morrow”), a Community Coordinator and Gardener
at NYC Parks. Although Morrow was a worthy candidate, on information and belief, this
was not a competitive application process. There was no notice to Breeana, other staff at
the Park, or the general public, in order to permit qualified women to also apply.
71. Morrow left RPC after just over two years.
Tower Rejects Breeana for Promotion for a Third Time
72. In May 2017, Breeana filed a sex discrimination complaint with the New
York City Commission on Human Rights to address the hostile work environment at
RPC and their failure to promote her to positions for which she was qualified.
73. Nine months later, in December 2017, while NYCCHR’s investigation
was underway, another supervisor position opened up at RPC. Tower again did not
contact Breeana to apply for the position, though she was the most qualified and senior
internal candidate.
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74. Instead, Tower approached co-workers Lakisha Johnson (“Johnson “) and
Nina Webb (“Webb”) to ask if they would be interested in the supervisor position. Both
Johnson and Webb were less qualified and less senior than Breeana.
75. When Tower invited Johnson to apply for the position, she asked her why
she had not invited Breeana to apply, and Tower said that Breeana had not approached
her about the position. Neither had Johnson.
76. When Breeana learned of the position, she immediately called Tower to
express her interest and asked Tower why she hadn’t spoken to her directly just like she
had done Johnson and Webb. Tower said she had e-mailed her, even though they saw
each other in person every day.
77. Immediately, Breeana officially applied and interviewed for the position.
Webb bragged that she did not even interview for the position.
78. A few days later Breeana was told that she had been rejected from the
position because she had attached a cover letter with the wrong name and address.
79. Nina Webb, a part-time gardener for RPC, was hired instead. Webb did
not study horticulture in college, was less senior, part-time, and was handling a smaller,
wooded zone. Breeana was juggling multiple volunteer organizations and group
activities, and nurturing more Park Tenders and Garden Techs; in contrast, Webb’s only
arguably-relevant park management experience was as the volunteer president of her
local park’s Dog Run.
80. Breeana was denied a third promotion opportunity as retaliation for filing
a complaint of sex discrimination with NYCCHR. Tower frequently communicated to
Breeana that she did not care if she remained employed by RPC. Indicating that there was
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no desire for her to remain at RPC and/or that growth at RPC was not likely, Tower
would say to Breeana, “[RPC] isn't the only park you can work at and I will help you to
work at another park.”
81. Since Breeana’s departure from RPC, two other supervisor positions have
opened. Neither has been filled by women.
RPC Fosters a Toxic Work Environment for Women
82. In addition to allowing sexual harassment in the workplace and denying
Breeana promotions, RPC had knowledge of sexist statements and behavior by its
supervisors, which they also did nothing to rectify.
83. McCarthy treated his job as a platform for picking up women, and
degraded the competence and professionalism of others by indicating that they shared his
goals. In October 2016, on Fireman's Island, he passively watched Breeana and two other
gardeners move five yards of compost while he was busy socializing with a female park
patron with whom he ultimately exchanged phone numbers.
84. During his first week on the job, at a public event with the National Parks
Service, he said to Griffin-Ramos: “I know what you and [Breeana] are going to be doing
today…you guys are going to be playing ‘who gets the most boys’ [phone] numbers.’”
Breeana and Griffin-Ramos told him to keep those kind of comments to himself and that
they were there to work.
85. Another day, in late January 2017, Breeana led a middle school volunteer
visit to the Park, and McCarthy decided for no reason to watch. A teacher came up to
Breeana and said, referring to McCarthy, “Who’s that creepy guy watching?” Later,
McCarthy asked another male Zone Gardener in front of Breeana, “did you get that red-
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head’s Snap Chat address,” referring to the 12-year old middle school girl and her social
media contact information. No one laughed.
86. Griffin-Ramos complained to Tower verbally and in writing multiple
times about McCarthy’s behavior but nothing changed.
87. In June 2016, supervisors McCarthy and Tower separately posed
demeaning and inappropriate questions about Breeana’s sex life. Both asked Breeana if
she had a sexual relationship with co-worker Hoogluiter or with former supervisor,
Curtis-Bey.
88. One night in late December 2016 at 10 PM, McCarthy sent out a group
text to Breeana and the other male gardeners saying, “Happy hour after work bitches.”
The invitation made Breeana especially uncomfortable because of faulty assumptions that
co-workers might have had about her sexual availability due to the sexual rumors that had
been spread about her. McCarthy has also said, “I bought my daughter a pair of hooker
heels at Target.”
89. On September 15, 2016, McCarthy claimed that he did not know how to
work with women. While Breeana was having a conversation with another gardener
about horticulture, he snapped his fingers at her like she was a dog and yelled at her. He
started pointing, and said to Breeana, “Get a bag immediately!” in front of all the
gardeners. She ran to her truck in tears to notify Tower, and he stopped her. He said he
had not worked with any females ever in his entire life, so he didn’t know how to talk or
act around them. McCarthy regularly yelled at Griffin-Ramos, another female Zone
Gardener.
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90. McCarthy and Tower had sexist ideas of what kind of work women should
do, and they actively policed those boundaries. After he started the rumors, Hoogluiter
generally refused to help train and teach any female gardeners and McCarthy didn’t
instruct him otherwise. McCarthy would not teach Breeana skills that he thought
belonged only to men. He wouldn’t show Breeana how to use the remote for the turbine.
On December 2, 2016, McCarthy invited male gardeners, and not Breeanna to a tutorial
on how to put on vehicle snow parts. She complained to Tower about not being included
but Tower didn’t reprimand him.
91. In mid-April of 2017, McCarthy, Breeana and three other male gardeners
were shoveling compost at a lawn restoration project at South Lawn. In front of all the
men, McCarthy gestured towards Breeana and said: "this is where you females f---ed up,
you guys just f---ed yourselves, instead of staying home, now look at you, you have to
work hard." Another worker, Kevin, said: that's messed up. Everyone else just kept
working.
92. In 2018, after Breeana had filed her complaint of sex discrimination with
NYCCHR, RPC hired someone to make a presentation about sexual harassment and
discrimination. Throughout the presentation, McCarthy had a dismissive attitude, and at
one point said to the presenter, “Where is the line when you can be inappropriate?” When
the presenter responded, “never,” McCarthy said, “It’s sad that we live in a society where
we have to coddle everyone’s emotions like babies.”
RPC Becomes an Intolerable and Dead-end Job
93. Breeana loved working in a public park. She enjoyed the partnership with
volunteers, adored the gardens, and had strong bonds with most of her co-workers, but
20
the degrading and unfair treatment because of her sex took a tremendous toll. While
working at RPC, she cried a lot and wondered if she made the right choice to move across
the country for this job.
94. In December 2017, Breeana developed severe abdominal pain and
indigestion. She experienced periods of vomiting for hours at a time, a loss of appetite,
and was always nauseated while commuting to work. After a biopsy, she was ultimately
diagnosed with gastritis, which commonly occurs with stress and anxiety. During that
time, she lost around 60 pounds and no longer had the curvy figure that had given her
self-confidence.
95. Breanna also began to have panic attacks and eventually was prescribed
medications to treat anxiety and depression. Sometimes she had to call out sick because
she often felt anxious on her way into work.
96. The abject failure of RPC’s response to the sexism and sexual harassment
is evidenced by the prevalence and persistence of sexual comments, attitudes and conduct
after they were on notice of such behavior starting in November 2015 or earlier. Even
now, Tower and others are willing to tolerate, and even participate in, this behavior.
97. Even after Breeana’s complaint was filed at the NYCCR, Tower again
ignored subsequent allegations of sexual harassment. In mid-2017 Tower failed to
address serious sexual harassment complaints by Zone Gardener, Lakisha Johnson.
98. Tower seems comfortable interacting with volunteers in a sexual way. A
Sierra Club volunteer said to McCarthy, “make sure to give [Tower] a hug and a
kiss…no, no, give her a smack on the ass for me” and McCarthy responded, “sure thing.”
21
99. Webb does not abide by her duty as a supervisor under the law to
discourage sexual objectification and demand professional behavior, especially from new
employees. One day Johnson and Breeana were driving past Webb, after she had gotten
the supervisor position. Johnson told them gleefully, eyebrows raised, that two new Park
Tenders had just been inquiring about Breeana and calling her “the blonde girl.”
100. Given the continuing and escalating hostile work environment and the
refusal to promote her, Breeana realized that she could not live up to her potential. Less
qualified people, mostly men, were consistently elevated by RPC. RPC turned its back
while sexual harassment persisted and a sexist work culture thrived.
101. Especially after Webb was promoted, Breeana knew that she would never
be given a fair chance to succeed. Tower had made clear that Breeana had no future at
RPC. Staying there in the intolerable, unsustainable working conditions was making
Breeana physically and psychologically sick.
102. Breeana was constructively discharged by RPC as a result of their
ongoing, unremediated harassment based upon her sex, retaliation for having filed a
complaint against them, and the impossibility that she would ever advance in her career.
103. In March 2018, she resigned from her position at RPC. She applied and
was hired as a supervisor at another New York City park.
104. Though she gave RPC two weeks notice, they asked her to leave
immediately and, contrary to Tower’s previous offers, notified her that they would not
provide her with a reference beyond dates of employment and job title.
22
FIRST CAUSE OF ACTION
Sex Discrimination in Violation of Title VII of the Civil Rights Act of 1964,
42 U.S.C § 2000e et seq.
105. Plaintiff repeats and realleges the allegations contained in the paragraphs
above as if separately set forth here.
106. Breeana George was subjected to a hostile work environment and
discriminated against in the terms and conditions of her employment because of her sex.
107. As a direct and proximate result of Defendant’s discrimination, she has
suffered and continues to suffer severe mental anguish and emotional distress.
SECOND CAUSE OF ACTION
Gender Discrimination in Violation of Chapter I, Title 8 of the Administrative Code

of New York, § 8-107(1)(a) of the New York City Human Rights Laws
109. Breeana George was discriminated against in the terms and conditions of
her employment, was subjected to a hostile work environment and was treated less
favorably because of her gender.
110. Defendant has discriminated against Breeana George under 8-107(1)(a) of
the New York City Human Rights Laws which provide that it is unlawful for an
employer “because of the actual or perceived…gender…of any person, to refuse to hire
or employ or to bar or to discharge from employment such person or to discriminate
against such person in compensation or in terms, conditions or privileges of
employment.”
23
111. As a direct and proximate result of Defendant’s discrimination, Breeana
George has suffered and continues to suffer severe mental anguish and emotional
distress.
THIRD CAUSE OF ACTION
Retaliation in Violation of Title VII of the Civil Rights Act of 1964,

42 U.S.C § 2000e et seq.
113. Breeana George was retaliated against for engaging in protected activity
by filing complaints of sex discrimination under Title VII of the Civil Rights Act of 1964.
114. As a direct and proximate result of Defendant’s unlawful and retaliatory
termination, Breeana George has suffered and continues to suffer severe mental anguish
and emotional distress.
FOURTH CAUSE OF ACTION
Retaliation in Violation of Chapter I, Title 8 of the Administrative Code of New

York, § 8-107(7) of the New York City Human Rights Laws
116. Breeana George was retaliated against for engaging in protected activity
by filing complaints of gender discrimination under the New York City Human Rights
Law.
117. Defendant has retaliated against Breeana George under § 8-107(7) of the
New York City Human Rights Laws because “[i]t shall be an unlawful discriminatory
practice for any person engaged in any activity to which this chapter applies to retaliate
24
or discriminate in any manner against any person because such person has…opposed any
practice forbidden under this chapter.”
118. As a direct and proximate result of Defendant’s retaliatory termination,
Breeana George has suffered and continues to suffer severe mental anguish and
emotional distress.
PRAYER FOR RELIEF
While reserving the right to seek additional damages and plead additional causes
of action as available, Plaintiff demands judgment against Defendant as follows:
A. Injunctive relief and a declaratory judgment in favor of Plaintiff against
Defendant, declaring that Defendant has violated the law by discriminating against and
retaliating against Plaintiff;
B. On all applicable causes of action, back pay and benefits and front pay and
benefits, plus compensatory damages;
C. On all applicable causes of action, an award of punitive damages in an
amount to be determined at trial;
D. All costs and disbursements of this action, including reasonable attorneys’
fees; and
E. Any other further relief the Court may deem just and proper.
25
. JURY DEMAND
Plaintiff demands trial by jury of all issues as of right by a jury.
Dated: November 17, 2020 STOLL, GLICKMAN & BELLINA, LLP
By:
Rita A. Sethi, Esq.

300 Cadman Plaza West, 12th floor
Brooklyn, New York 11201
(718) 852-3710
rsethi@stollglickman.com
Attorneys for Plaintiff
26

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Case 1:20-cv-09732-AT Document 1 Filed 11/19/20 Page 1 of 26

UNITED STATES DISTRICT COURT

Plaintiff, COMPLAINT &

RIVERSIDE PARK CONSERVANCY, DOCKET #

NATURE OF THE ACTION

Riverside Park Conservancy, a park improvement organization, for sex discrimination,

endorsing this heightening hostile work environment, thereby constructively discharging

dangerous and damaging working conditions for women.

1. Breeana George (“Breeana”) was a 24 year-old woman when she was

hired as a Zone Gardener by Riverside Parks Conservancy in 2015. She is a resident of

New York County.

2. Riverside Park Conservancy (“RPC”) is a non-profit organization based

475 Riverside Drive, Suite 455, New York, N.Y. 10115.

4. Plaintiff has exhausted her administrative remedies by dual-filing a charge

engaged in unlawful discriminatory practices.

5. Contemporaneous with commencement of this action, a copy of this

requirements of Section 8-502 of the New York City Administrative Code.

6. Venue is proper in this district under 28 U.S.C. § 1391(b) because a

District of New York.

horticultural career in an urban environment.

sustainable practices such as hand weeding, composting, and propagation. In addition to

from companies like Microsoft or Morgan Stanley.

Women are Sexually Harassed at Riverside Park

11. Sexual harassment was a dangerous and growing problem in Riverside

Program (”JTP”) as a requirement of receiving public assistance.

paid subordinates for sexual favors.

President John Herrold’s lack of support.

and sexist comments to Breeana and other staff members.

present for some of these comments by Hill.

“You look like you need help.”

be a captive audience to his commentary. He would instruct those gardeners to lie to

supervisors about their whereabouts.

body while giving her instructions or talking to her.

his hand hardly on Breeana’s breast.

I can cut my hand off?”

Tower to complain about Hill’s sexual assault.

Riverside Park Conservancy and was Breeana’s supervisor at all times.

RPC Employees Report Sexist, Racist and Sexually Harassing Conduct

what she would do to remedy the situation.

to fill out a formal complaint or send an email memorializing her complaint.

with his frequent sexist and racist comments.

and sexual comments.

inappropriate remarks about sexual fantasies to a NYC Parks Supervisor of 10 years,

Department, Millie Cruz.

heard back about what happened to her complaint.

30. On November 7, 2015, at the Butterfly Garden in Riverside Park, Mark

Hill grabbed another female Zone Gardener, Marilyn Griffin-Ramos (“Griffin-Ramos”)

31. Griffin-Ramos complained for a second time to Tower. Tower reacted in

assurances about what, if anything, she would do to curtail Hill’s behavior.

another supervisor at the Conservancy, William Curtis-Bey (“Curtis-Bey”). She informed

complained more than once about Hill.

her from Hill for months.

to like her co-workers.

Tower Responds Feebly to Multiple Sexual Harassment Claims

statement condemning sexual harassment and gender stereotyping.

inappropriate, but I’m not going to say it.”

later commented on it.

43. On January 9, 2017, at the “Mulchfest,” an annual public festival at the

44. RPC’s ineffectual response to the sexual harassment caused staff to

harassment but she again did not act on those complaints.

RPC Sanctions Humiliating Sexual Rumors about Women

45. In February 2016, several male employees commenced a campaign to

RPC knew about it and refused to do anything.