On May 22, 2010, Andrew Cuomo announced that he is running for governor of New York State. According to the Huffington Post Cuomo called for political reform and pledged to make the notoriously dysfunctional state government more accountable to its citizens. How can Attorney General Cuomo hold New York State government accountable when he refuses to address and hold a member of his staff at the New York State Attorney General accountable for his actions in a Civil Rights Act of 1964 Title VII employment discrimination case?Mike Russo, Assistant NYS Attorney General filed several perjured declarations in Western District of New York during my Pro-Se discrimination case (97-cv-818(E). Based on the perjured declarations Judge Elfvin dismissed Vera Richardson vs New York State Department of Correctional Services and New York State Department of Civil Service. I appealed Efvin’s dismissal of my case to the United States Court of Appeals for the Second Circuit and the United States Supreme Court. Despite the fact that I presented direct evidence to both courts that proved that many of the declarations including Russo’s declaration contained perjury and that precedent setting US Supreme Court decisions supported my legal argument both courts refused to correct the grossly miscarriage of justice.
The United States Supreme Court in Reeves v Sanderson Plumbing Products, Inc 530 U.S. 133 (2000) stated: “In appropriate circumstances, the trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose. See, e.g., Wright v West, 505 U.S. 277, 296. Moreover, once the employer’s justification has been eliminated, discrimination may well be the most likely alternative explanation, especially since the employer is in the best position to put forth the actual reason for its decision. Cf. Furnco Constr. Corp. v. Waters, 438 U.S. 567. 577.
Supreme Court Justice Ginsburg in her concurring opinion in Reeves, 530 U.S. 133 (2000) stated “The Court holds that an employment discrimination plaintiff may survive a summary judgment motion as a matter of law by submitting two categories of evidence: first, evidence establishing a “prima facie case” as that term is used in McDonnell Douglas Corp. v Green 411 U.S. 792, 802, (1973); and second, evidence from which a rational fact finder could conclude that the employer’ proffered explanation for its actions was false."
A “prima facie case” as that term is used in McDonnell Douglas Corp. v Green 411 U.S. can be established by the plaintiff showing that she belong to a racial minority; 2) that she applied for and was qualified for a job for which the employer was seeking applicants; 3) that despite her qualification she was rejected; and 4) that after her rejection other employees not in the protected class were treated more favorably.
Although I have made Cuomo aware of Russo’s abuse of power and possible violation of my equal protection and due process right Cuomo refused my written request that he investigate my factual claims. As of May 23, 2010, he still hasn’t taken any action(s) to make me whole. In fact his staff written June 30, 2008, response to my request was that he couldn’t help me because the New York State Attorney General Office represents agencies of the State of New York. Therefore, I believe that Andrew Cuomo who heads and agency that has a Civil Rights Bureau is guilty of fostering the acceptance of employment discrimination.
Lastly, New York State government (Gov Paterson, Andrew Cuomo, NYSDOCS and/or NYS Department of Civil Services) can make me whole by recommending and/or introducing legist ion that reverses the unjust denial of my disability retirement application, pays me back salary for the retaliatory failure of Albion CF staff to interview and/or reinstate me to the July 19, 1996, position of Supervisor of Inmate Grievance Program at Albion CF, and/or pay me the money that I demanded in my Title VII lawsuit.
Vera Richardson
Author of Screwed by Former Governor and Attorney General Eliot Spitzer
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