On December 1, 1986, I was appointed to a Correctional Officer Trainee’s position with New York State Department of Correctional Services My starting salary was $ 18,017.00 a year. Prior to my appointment to the Correctional Officer title I had to undergo a background check and I was given physical and psychological examinations by New York State Department of Civil Service. I passed both examinations and was deemed physically and psychologically fit to work as a Correctional Officer.
On July 5, 1996, I filed a formal complaint with New York State Department of Human Rights. I filed the complaint after experiencing and complaining of discrimination for three years to no avail at Albion Correctional Facility.
On July 8, 1996, I amended the New York State Division of Human Rights complaint to include the following allegations: Allegation #7 is hereby amended as follows: I informed A. Andrews, Mr. Hennenberg, G. Berbary, Lt. Lucas, Lt. Embury, and Captain J. Sherlock of Sgt. Reed’s continued pattern of treating me differently that he treats white male and female officers. Those respondent supervisors were made aware of Sgt. Reed’s actions both verbally and in writing. The dates of the written complaints and the request to have the treatment terminated were August 26, 1995, August 30, 1995, December 3, 1995, January 7, 1996, and January 31, 1996. In spite of my efforts to have the situation corrected, nothing was done by anyone to correct it. Allegation #8 is hereby added as follows: Based on the foregoing I charge the respondent with an unlawful act of discrimination relating to employment because of my race, color and sex in violation of Section 296 of the New York State Human Rights Law.
In the following declaration filed in support of the Defendant's perjured summary judgment motion Jerald Goncalves states that I made numerous complaints in 1994, 1995, and 1996.
In the following declaration filed in support of the Defendant's perjured summary judgment motion Jerald Goncalves states that I made numerous complaints in 1994, 1995, and 1996.
On July 26, 1996, James Berbary addressed my New York State Division of Human Rights Complaint and my depression/stress workers’ compensation claim in a memorandum to Jerry Goncalves.
On August 5, 1996, my psychiatrist examined me. At the end of my appointment he gave me a doctor’s note that cleared me to return to work the next day without any restrictions or limitations.
On August 6, 1996, a month after I filed my complaint with New York State Division of Human Rights, I returned to work at Albion. I was dressed in full uniform and I was willing and able to work. I looked good and I felt great.
On August 6, 1996, a month after I filed my complaint with New York State Division of Human Rights, I returned to work at Albion. I was dressed in full uniform and I was willing and able to work. I looked good and I felt great.
I had been absent from work for seven months because of work related stress, anxiety, and depression. According to my psychiatrist my emotional illness was caused by Sergeant Reed's continued discrimination and his supervisor's failure to take action to end the discrimination. I was out of work without pay.
I felt much better and was excited to be back at work. Based on my psychiatrist determination and the paperwork he completed I filed a stress, anxiety, depression worker's compensation claim. The claim was opened and still pending when I returned to work on August 6, 1996.
I felt much better and was excited to be back at work. Based on my psychiatrist determination and the paperwork he completed I filed a stress, anxiety, depression worker's compensation claim. The claim was opened and still pending when I returned to work on August 6, 1996.
After I signed the front gate logbook the Front Gate officer buzzed the gate open and I walked to the Administration Building of the prison. I reported to the chart office and submitted my cleared to return to work note from my doctor to the Chart Sergeant. After leaving the chart office I walked to the key room and got my equipment for my bid post of yard recreation.
She also told me that Berbary in is official capacity, as Deputy Superintendent of Administration would make the determination if the Employee Health Service examination would be necessary. Shirley instructed me to wait for Deputy Berbary in the civilian break room, which was also located on the second floor down the hall from her office.
While I was waiting for Berbary the Chart Sergeant contacted me by radio and told me that a resource officer was coming to the break room to get the equipment for my Yard Recreation assignment. Shortly after the radio transmission an officer reported to the break room and I gave him my equipment.
At 8:25 a.m. J. Berbary signed the Watch Commander’s logbook and that Sgt. Fasano was on duty as the Administration Building supervisor. At approximately 8:30 a.m. Deputy Berbary came to the break room and instructed me to come to Shirley’s office. In the presence of Shirley Berbary he informed me that in accordance with Section 21.3 of the Civil Service rules that I would have to submit to an Employee Health Service examination. He continued by stating “We are requiring that you be examined by a state doctor before you are allowed to return to work.”
I was very calm after hearing Berbary decision that I would have to be examined by an Employee Health Service physician. I knew that Berbary was acting within his official capacity when he decided that I had to undergo an employee health service examination. I knew this fact because of my experience working in Inmate Grievance Program title at Albion for two and a half years.
As Supervisor of Inmate Grievance Program I was responsible for ensuring that Albion staff including Superintendent Andrews and Deputy Berbary were in compliance with the mandates of correction law and New York State departmental directives. I knew that if a directive or policy stated someone “may” take an action that it was solely up to that person discretion to require that action.
As Supervisor of Inmate Grievance Program I was responsible for ensuring that Albion staff including Superintendent Andrews and Deputy Berbary were in compliance with the mandates of correction law and New York State departmental directives. I knew that if a directive or policy stated someone “may” take an action that it was solely up to that person discretion to require that action.
Additionally, Berbary’s decision didn’t cause me any concerns because on May 30, 1995, I was sent home after I returned to Albion from a documented worker related injury. During the May 30, 1995, incident I also had a doctor’s note that stated that I was cleared to work without any restrictions or limitations.
I thanked Berbary and asked S. Abrons for a copy of the new Council 82 union handbook. The new security contract was passed and new handbooks issued to union employees during my January 16, 1996 to August 6, 1996, absence from work.
Shirley opened the bottom draw of her desk and attempted to hand me the union handbook. Deputy Berbary grabbed the book from Shirley’s hand and stated” All employees had to get the book from their union. He told me that he would have C.O. Frost get a handbook for me.
I was surprised when he took the book out of Shirley hand. Shirley as the Principle Clerk Personnel at Albion had to know the rules for passing out contract books. While waiting for C.O. Frost to bring the union handbook to me, Shirley Abrons and I talked about church and God.
During the time that I was waiting for the handbook Shirley received a telephone call and stated, “Yes she is here.” I thought that someone was calling her office to speak to me but she didn’t pass the phone to me.
As I sat in Shirley’s office at approximately 8:35 a.m. Correctional Officer Frost who was the Vice President of the local union at Albion came to the office. Frost and other correctional officers at Albion and other NYSDOCS facilities were elected by their fellow officers to serve as officers of the local Counsel 82 union.
BERBARY REPLY DECLARATION "AUGUST 6, 1996 ESCORT ORDER
BERBARY DEPOSITION CONTRADICTS HIS DECLARATION
SHIRLEY ABRONS CONFIRMS SERGEANT FASANO'S INVOLVEMENT IN ESCORT
After being escorted out of the prison I was destroyed emotionally and physically. I felt depressed and hopeless as I drove back home to Rochester in tears.
I could not wrap my mind around the fact that a correctional staff person stole my badge and identification card, Albion supervisors not replace those items especially the identification card although the ID cards are made and replaced by Albion CF Personnel office, and that Berbary ordered Sergeant Fasano and Officer and Council 82 Union Vice President escorted me out of Albion on the first day that I returned to work after being away for seven months suffering from work-related depression and anxiety.
On August 27, 1996, I received a certified letter from Lee Gould, Director of Personnel. Gould’s letter stated in part” In accordance with Section 21.3 of the Civil Service rules, a medical examination has been scheduled for you on August 28, 1996, and your psychological examination is scheduled for September 16, 1996.
Dr. Klein, medical report confirms the fact that Berbary's order to have me escorted out of Albion Correctional Facility casused a recurrence of major depression and anxiety.
After I read the medical reports and Dr. Ciulla letter I was alarmed. Ciulla recommended that I be examined in two months. Therefore, November 27, 1996, should have been the earliest date that I should have been re-examined. I telephoned Lindsay and told her that I wasn’t going to attend the October 5, 1996, examination.
South Carolina and Alabama governors have called for and/or removed the Confederate flag to correct decades Democrats Senators Chuck Schumer, Kirsten Gillbrand, and 2016 presidental candidate Hillary Clinton can and should request that New York Governor Cuomo make me whole.
Frost gave me a copy of the new union handbook. After I received the handbook from Frost I stood up to leave Shirley’s office. It was at that time that I noticed Sergeant Fasano had entered the doorway. Fasano informed me that he and Frost had been ordered to escort me out of the facility.
At approximately 8:35 am in shock, disgrace, and bewilderment Frost and Sergeant Fasano escorted me from the Personnel office, downstairs through the administration lobby, and out the front gate of the prison. Shirley Abrons, Correctional Officer Kathy Wilson, the front gate officers, and other Albion employees witnessed this act of humiliation and retaliation.
Officers or any prison staff being escorted out of a New York State correctional facility is a rare event. New York State Department of Correctional Service’s officers are only escorted out of a prison facility by an “officer” of one’s union and a correctional supervisor when that officer is being severely disciplined, suspended, terminated, had sex or an inappropriate relationship with an inmate, and/or charge with the commission of a crime. This fact was confirmed by Sergeant Adamson when I deposed her.
In a January 21, 1997 decision the Worker's Compensation denied my stress claim. The claim was denied because Albion Correctional Facility disputed the claim and refused to pay it. Additionally, the claim was denied based in part because of the testimony of Deputy Superintendent of Security Stevens.
On March 6, 1997, J. G. Berbary responded to the New York State Division of Human Rights amendment complaint by writing a memorandum to Gerald Goncalves. Berbary doesn't mention the fact that he also ordered Sergeant Fasano and Council 82 Vice President Frost to Escort me out of the prison on August 6, 1996. The reason that he didn't is because there wasn't any non-discriminaory or non-retaliatory reason for an officer supervisor (Sergeant) and a union official to escort an officer out of a New York State prison in 1996.
On August 6, 1996, I was escorted out Albion prison like an INMATE in retaliation for filing a New York State Division of Human Rights Complaint on July 5, 1996.
VICE PRESIDENT OFFICER FROST EXPLANATION FOR 8/6/96 ESCORT
My only crime on August 6, 1996, was the fact that I was Black and had filed a formal complaint alleging discrimination on July 5, 1996. Berbary knew that I had filed a formal complaint with New York State Division of Human Rights.
His retaliatory order occurred eleven days after he wrote a July 26, 1996, memorandum to Gerald Goncalves responding to my Human Rights complaint titled “Vera Richardson.” Additionally, Berbary’s retaliatory order occurred thirty-three days after I filed my complaint with New York State Division of Human Rights.
In a January 21, 1997 decision the Worker's Compensation denied my stress claim. The claim was denied because Albion Correctional Facility disputed the claim and refused to pay it. Additionally, the claim was denied based in part because of the testimony of Deputy Superintendent of Security Stevens.
On March 6, 1997, J. G. Berbary responded to the New York State Division of Human Rights amendment complaint by writing a memorandum to Gerald Goncalves. Berbary doesn't mention the fact that he also ordered Sergeant Fasano and Council 82 Vice President Frost to Escort me out of the prison on August 6, 1996. The reason that he didn't is because there wasn't any non-discriminaory or non-retaliatory reason for an officer supervisor (Sergeant) and a union official to escort an officer out of a New York State prison in 1996.
On August 6, 1996, I was escorted out Albion prison like an INMATE in retaliation for filing a New York State Division of Human Rights Complaint on July 5, 1996.
VICE PRESIDENT OFFICER FROST EXPLANATION FOR 8/6/96 ESCORT
On March 20, 1997, New York State Division of Human Rights,Julia Day, held a pre-arranged telephone conference requested in her February 25, 1997, letter to Goncalves. In her report she wrote present for the respondent were Goncalves, Deputy Superintendent James Berbary, and Correctional Officer and Council 82 Vice President C. Frost.
My only crime on August 6, 1996, was the fact that I was Black and had filed a formal complaint alleging discrimination on July 5, 1996. Berbary knew that I had filed a formal complaint with New York State Division of Human Rights.
His retaliatory order occurred eleven days after he wrote a July 26, 1996, memorandum to Gerald Goncalves responding to my Human Rights complaint titled “Vera Richardson.” Additionally, Berbary’s retaliatory order occurred thirty-three days after I filed my complaint with New York State Division of Human Rights.
It is not necessary to prove employment discrimination in order to win a Title VII Civil Rights Act of 1964, retaliation employment claim. A victim just has to show that they were engaged in protective activity, that their employer was aware of that activity; and that they experience an adverse employment action close to the date of protective activity.
BERBARY REPLY DECLARATION "AUGUST 6, 1996 ESCORT ORDER
BERBARY DEPOSITION CONTRADICTS HIS DECLARATION
Berbary declaration in support of the Defendant’s motion for summary judgment at number 5 he stated: “As such I directed that Craig Frost, her union representative, be contacted as that he could escort her from the facility.” Deputy Berbary lied in either his sworn declaration or during his deposition because his deposition contradicts his sworn declaration.
During his deposition I questioned him in reference to his order to have me escorted out of Albion CF on August 6, 1996. In his October 7, 1998, deposition he stated that he requested a union representative to escort me our but that he didn’t specifically request that Frost be contacted to escort me out of the facility. He also testified that he did not order Frost and/or Sgt. Fasano to escort be out of the facility.
My factual claim that Vice President of local Council 82 Vice President C. Frost and Sgt. Fasano escorted me out of Albion is evidentiary supported by the sworn depositional testimony of Shirley Abrons and me.
After being escorted out of the prison I was destroyed emotionally and physically. I felt depressed and hopeless as I drove back home to Rochester in tears.
I could not wrap my mind around the fact that a correctional staff person stole my badge and identification card, Albion supervisors not replace those items especially the identification card although the ID cards are made and replaced by Albion CF Personnel office, and that Berbary ordered Sergeant Fasano and Officer and Council 82 Union Vice President escorted me out of Albion on the first day that I returned to work after being away for seven months suffering from work-related depression and anxiety.
After I was escorted out of Albion on August 6, 1996, I experienced severe back pain. I made an appointment with my personal doctor for physical pain. During my August 26, 1996, appointment my physician determined that I was totally disabled from the three previous physical worker’s compensation injuries which occurred within an eighteen month period.
On August 28, 1996, I reported as ordered to a physical examination by an Employee Health Service physician. Dr. Raghavan examined me and submitted her medical report to Dr. Ciulla.
On September 16, 1996, approximately two weeks after my examination by the state consultant Dr. U. Raghavan, a state hired psychiatrist – Dr. Klein, examined me. After my examination, Dr. Klein also addressed his written report to Dr. Ciulla. The report listed the Employee Health Service as the referring agency.
On September 30, 1996, Dr. Richard Ciulla, Medical Director confidential letter which was addressed to Mary Beth Lindsay, Senior Personnel Administrator was received in her office. The letter in stated in part: “Based on my review of those evaluations, Ms. Richardson is unable to perform the full duties of a Correction Officer at the present time. I recommend a reevaluation in 2 months.
On October 3, 1996, I received a phone call from Mary Beth Lindsay. She informed me that based on my previous physical and psychological exams that I had been found unfit to perform the full duties of a Correctional Officer. She also told me the Employee Health Services had scheduled me for another physical examination and that the examination was scheduled for October 5, 1996, in Syracuse , New York
I informed Ms. Lindsay that I had mailed a request for the result of the previous examinations to her on October 1, 1996, and that I would not attend another examination until I received and reviewed those results. Lindsay stated that she hadn’t received my letter.
She promised to mail the medical reports to me via overnight mail if I would sign and fax an authorization form back to her. I agreed and Lindsay faxed me a New York State Department of Civil Service Employee Health Services Authorization for Release and Disclosure of Medical Information form. She marked several areas with *** to indicate areas that I needed to complete on the form. That same day I completed the form and faxed it with a cover sheet to Ms. Lindsay to (518) 485-1995. The cover sheet and the signed Release and Disclosure of Medical Information form was dated stamped received by Employee Health Services on October 3, 1996.
The next day October 4, 1996, I receive copies of Dr. Raghavan and Dr. Klein's medical reports. Dr. Usha Raghavan’s medical report, which was address to Dr. Ciulla stated in part: “Vera Richardson has history of injury to her back and both shoulders in October 1994. She injured herself by restraining an inmate when she was at the Albion CF. She has had multiple investigations including x-rays and MRI scan and has had a neurosurgical consultation. She appears to have difficulty getting on and off the exam table. She has history of anxiety and depression. She was tearful during the interview. IMPRESSION: After examining her today I feel that Vera Richardson is not capable of performing the full duties of the position according to the job description. She should be seen by an orthopedic surgeon to evaluate her low back pain and shoulder pain as there appears to be limited range of motion at these areas, though there is no evidence of atrophy. Signed Dr. U. Raghavan
After I read the medical reports and Dr. Ciulla letter I was alarmed. Ciulla recommended that I be examined in two months. Therefore, November 27, 1996, should have been the earliest date that I should have been re-examined. I telephoned Lindsay and told her that I wasn’t going to attend the October 5, 1996, examination.
I viewed New York State Department of Civil Services and Lindsay’s actions as continued hostile work environment behavior, discrimination and retaliation. I also believed that Lindsay was involved in a conspiracy with Albion staff to terminate me.
My belief was based on the facts that Lindsay telephoned me and ordered me to report to an October 5, 1996, medical examination in Syracuse eight days from the September 27, 1996, date of Dr. Ciulla letter stating that he recommends a re-evaluation in two months.
TIME FOR GOVERNOR CUOMO to MAKE ME WHOLE
The Supreme Court in Albermale identified two distinct congressional purposes of Title VII. One of those purposes was “to make persons whole for injustices suffered on account of unlawful employment discrimination.” Albermale Paper Co. v Moody, 422 U.S. 418 (1975).
South Carolina and Alabama governors have called for and/or removed the Confederate flag to correct decades Democrats Senators Chuck Schumer, Kirsten Gillbrand, and 2016 presidental candidate Hillary Clinton can and should request that New York Governor Cuomo make me whole.
As Governor Cuomo should address, investigate, and use an Executive Order if necessary to award me entitled disability retirements benefits. Cuomo can use an executive order or support a bill that will give me entitled disability benefits from the date of my original application.
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