JS 44 (Rev.

09/11)
Case 1:15-cv-00039 Document 1-1 Filed 01/12/15 Page 1 of 2
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Donatello, Elizabeth County of Niagara

(b) County of Residence of First Listed Plaintiff NIAGARA County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Andrew P. Fleming, Esq. Chiacchia & Fleming, LLP

5113 South Park Avenue, Hamburg, NY 14075
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS
’ 110 Insurance PERSONAL INJURY
’ 120 Marine ’ 310 Airplane
’ 130 Miller Act ’ 315 Airplane Product
’ 140 Negotiable Instrument Liability
’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
& Enforcement of Judgment Slander
’ 151 Medicare Act ’ 330 Federal Employers’
’ 152 Recovery of Defaulted Liability
Student Loans ’ 340 Marine
(Excl. Veterans) ’ 345 Marine Product
’ 153 Recovery of Overpayment Liability
of Veteran’s Benefits ’ 350 Motor Vehicle
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle
’ 190 Other Contract Product Liability
’ 195 Contract Product Liability ’ 360 Other Personal
’ 196 Franchise Injury
’ 362 Personal Injury -
Med. Malpractice
REAL PROPERTY CIVIL RIGHTS
’ 210 Land Condemnation ’ 440 Other Civil Rights
’ 220 Foreclosure ’ 441 Voting
’ 230 Rent Lease & Ejectment ’ 442 Employment
’ 240 Torts to Land ’ 443 Housing/
’ 245 Tort Product Liability Accommodations
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities -
Employment
’ 446 Amer. w/Disabilities -
Other
’ 448 Education
Foreign Country
FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment
Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust
’ 367 Health Care/ ’ 430 Banks and Banking
Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce
Personal Injury ’ 820 Copyrights ’ 460 Deportation
Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and
’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations
Injury Product ’ 480 Consumer Credit
Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV
PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/
’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange
’ 371 Truth in Lending ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions
’ 380 Other Personal ’ 740 Railway Labor Act ’ 864 SSID Title XVI ’ 891 Agricultural Acts
Property Damage ’ 751 Family and Medical ’ 865 RSI (405(g)) ’ 893 Environmental Matters
’ 385 Property Damage Leave Act ’ 895 Freedom of Information
Product Liability ’ 790 Other Labor Litigation Act
’ 791 Empl. Ret. Inc. ’ 896 Arbitration
PRISONER PETITIONS Security Act FEDERAL TAX SUITS ’ 899 Administrative Procedure
’ 510 Motions to Vacate ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
Sentence or Defendant) Agency Decision
Habeas Corpus: ’ 871 IRS—Third Party ’ 950 Constitutionality of
’ 530 General 26 USC 7609 State Statutes
’ 535 Death Penalty IMMIGRATION
’ 540 Mandamus & Other ’ 462 Naturalization Application
’ 550 Civil Rights ’ 463 Habeas Corpus -
’ 555 Prison Condition Alien Detainee
’ 560 Civil Detainee - (Prisoner Petition)
Conditions of ’ 465 Other Immigration
Confinement Actions

V. ORIGIN (Place an “X” in One Box Only)

Transferred from
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 another district ’ 6 Multidistrict
Proceeding State Court Appellate Court Reopened (specify) Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Title VII Civil Rights Act of 1964 and NYS Human Rights Law
VI. CAUSE OF ACTION Brief description of cause:
Violation of civil rights. (Gender Discrimination)
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ’ Yes ’✔ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

04/23/2013 Andrew P. Fleming

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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 Case 1:15-cv-00039 Document 1-1 Filed 01/12/15 Page 2 of 2
JS 44 Reverse (Rev. 09/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the
use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil
complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation
cases, the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of
the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of
suit, select the most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 1:15-cv-00039 Document 1 Filed 01/12/15 Page 1 of 12

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
___________________________________

COMPLAINT
ELIZABETH DONATELLO

Civ. No:__________
Plaintiff,

-against-

COUNTY OF NIAGARA

Defendant.
___________________________________

The Plaintiff, ELIZABETH DONATELLO, by her attorneys Chiacchia & Fleming, LLP,

Andrew P. Fleming, Esq., of Counsel, as and for her Complaint against Defendant, COUNTY

OF NIAGARA, hereby alleges:

1. This is an action brought by Plaintiff to recover damages due to Defendant’s

violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights

Law.

2. Money damages, including back pay, front pay, compensatory damages and other

appropriate legal relief are sought pursuant to said statutes.

THE PARTIES

3. At all times hereinafter mentioned, Plaintiff was and continues to be a resident of

the County of Niagara and State of New York. Plaintiff has been employed as an Assistant

District Attorney for Defendant.

 Case 1:15-cv-00039 Document 1 Filed 01/12/15 Page 2 of 12

4. At all times hereinafter mentioned, and upon information and belief, Defendant,

was and continues to be a public entity organized and existing under New York Law, with

offices located at the Niagara County Courthouse, 175 Hawley Street, Lockport, New York

14094.

ADMINISTRATIVE PROCEEDINGS

5. Plaintiff timely filed a charge of employment discrimination with the Equal

Employment Opportunity Commission on or about October 17, 2013.

6. Plaintiff received her Notice of a Right to Sue from the EEOC on or about October

16, 2014. Plaintiff has exhausted her administrative requirements and this Complaint is timely.

STATEMENT OF CLAIM

7. Plaintiff’s employment with Defendant began in 2004. She has been an

exemplary employee who has performed the material duties of her occupation as an Assistant

District Attorney in a competent and professional manner.

8. In January 2008, Michael Violante (“Violante”), became Defendant’s elected

District Attorney. Shortly after beginning his first term, Violante moved Plaintiff into a full time

Special Victims Unit (SVU) position. Violante was responsible for and oversaw all attorneys in

the SVU, including Plaintiff.

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A. THE OFFICE IS INFECTED WITH AN ATMOSPHERE OF DISCRIMINATION,

HARRASSMENT AND DENIGRATION OF WOMEN, INCLUDING CRUDE
AND DEGRADING COMMENTS TO PLAINTIFF AND OTHER FEMALE
EMPLOYEES

9. From the time Mr. Violante began his tenure as District Attorney, he has created a

hostile and unwelcoming atmosphere for women, including plaintiff, by making it clear through

words and actions that women were held to a wholly different standard than male employees

regarding work obligations and hours and by openly judging women on their appearance,

including their weight, hair style and breast size.

10. Violante relentlessly demonstrated an inappropriate attitude towards his female

subordinates, including Plaintiff. Violante made Plaintiff’s work environment unbearable,

repeatedly making off-color comments to or about almost all of the women in the office,

including Plaintiff.

11. Violante’s inappropriate comments and bias against women, and his sexual

harassment of Plaintiff and others, has also been evidenced by numerous events and comments.

One such comment occurred in October or November of 2010, when Violante informed Plaintiff

that a female co-worker in the office was losing a lot of weight, but not her “boobs,” and that the

men had noticed it and were talking about it;

12. In November of 2011, Violante entered Plaintiff’s office and said: “Why didn’t

anyone tell me [a co-worker] is black? Don’t you think that is something you should have told

me so I don’t say anything stupid to her?”

13. In late 2011, and through the spring of 2012, Violante told Plaintiff that a co-

worker in the office was dressing like a bimbo and wearing “slutty” shoes. Violante then said

that only skirts below the knee and conservative shoes were permitted for female attorneys but

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only enforced the policy for the younger, thinner women. Violante later spread rumors accusing

that same co-worker of having an extramarital affair and indicated he was going to fire her if she

didn’t end it.

14. In November of 2012, Violante told Plaintiff that men didn’t have to worry about

facelifts and boob jobs. As Violante said this to Plaintiff, he put his arm around her, stared at her

chest and said: “Not that you have to worry about getting a boob job,” or words to that effect.

15. In December of 2012 or early January 2013, Violante asked Plaintiff if another

co-worker had her “boobs done.” He told Plaintiff that they looked “higher and fuller.”

16. On a number of occasions, Violante said he did not want the women in the office

to get pregnant because they take the full maternity leave. He made other comments about

women in the office getting pregnant and expressed negative feelings about that.

17. In January of 2013, Violante commented to another employee in plaintiff’s

presence that the employee looked good, while patting his stomach, adding “You always look

good from here up; now from here down is starting to shape up too,” or words to that effect,

while waving from his neck downward.

18. In January 2013, Violante commented on plaintiff’s hair style, after she had her

hair cut short, stating “is your hairdresser pissed at you?” When plaintiff mentioned that

comment to a female co-worker, she advised that every time she gets her hair cut short, Violante

tells her it looks “like shit”. Violante continued to comment on plaintiff’s hair cut in front of

others, including non-employees whom she was meeting in her office.

19. On another occasion, Mr. Violante remarked that a female employee lost so much

weight that she was finally beginning to “look like a woman”.

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20. One particularly offensive comment occurred in in April of 2013, when Violante

commented on a case in which an intoxicated, unconscious woman had been raped. Violante

commented to Plaintiff “Can you believe we’re prosecuting this shit?” He went on to say

“that’s what boys do; you try to get the girl drunk and then have sex.” As she had done on

multiple other occasions when similar offensive comments had been made, Plaintiff expressed to

Violante her displeasure with his inappropriate comments. On this occasion Violante merely

retorted that “Well, I’d try to make sure it was my girlfriend.”

B. THE DISCRIMINATORY BEHAVIOR AND POLICIES NEGATIVELY

AFFECTED WORKING CONDITIONS, PAY AND BENEFITS FOR
WOMEN EMPLOYEES, INCLUDING PLAINTIFF

21. As one example of his expression of a discriminatory policy, Mr. Violante has

vocalized his desire to not hire women who he believes were going to have children, and has

frequently ‘commented’ on his preference that women employees use birth control or have tubal

ligations.

22. Whether it involved an inappropriate policy, comment or behavior, at all relevant

times, plaintiff has been vocal in objecting to discriminatory behaviors, and has complained both

to Mr. Violante and to Human Resources representatives. Despite her complaints, no action has

been taken to ameliorate the crude and derogatory behavior and comments and discriminatory

policies, which have continued to this date. Defendant has further retaliated against plaintiff for

speaking up and asserting her rights.

23. Mr. Violante’s discriminatory policies and retaliation are exemplified in the

disparity of treatment between plaintiff and a male co-worker. From January of 2008 until

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recently, Plaintiff and this male co-worker both worked in the SVU and had the same job title

and responsibilities prosecuting SVU cases. They reported to the same supervisor.

24. Although the male co-worker had more years on the job, he worked many fewer

hours, was frequently late to work, and a substantial portion of his work was shifted over to

plaintiff. Plaintiff was consequently forced to work substantially more hours and incur much

greater stress and job pressure to handle the added workload.

25. When plaintiff complained that Violante was shifting an unreasonable amount of

her male co-workers responsibilities over to plaintiff causing her to have a disproportionate

workload with substantially added pressure, Mr. Violante acknowledged the inequity, but refused

to take action because he stated that the male co-worker was a single father who had children he

needed to care for. Plaintiff pointed out that this co-worker’s salary was more than $30,000

greater than hers, which was unfair in light of the inequitable hours and responsibilities that they

assumed. In response, however, Violante stated that plaintiff had her husband to her support to

her. He thereby refused to equalize their responsibilities or pay.

26. Further, plaintiff’s complaints about the inequitable pay and workload resulted in

Violante’s harsh retaliation against her.

27. On February 27, 2013, Plaintiff met with Violante in his office to again discuss

the work overload and to let him know that she needed help. Plaintiff indicated that if her co-

worker was in the office on a full-time basis, it would make a difference with the workload.

Violante became angry then simply ignored her suggestions and requests.

28. Plaintiff was sick on March 4th and 5th of 2013 and returned to work on March

6th. That day, Violante walked into Plaintiff’s office and informed her that her complaints about

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her co-worker were causing problems in the office. When plaintiff responded that the co-

worker’s lack of effort was inequitable and was causing criminals to go free, Violante responded

that she should look for a new job because she was fired.

29. Later that day, Plaintiff received a hand delivered letter to her home from

Violante stating his conditions which would allow Plaintiff to return to work. A meeting was

arranged for the following week.

30. At the meeting, Plaintiff was told that Violante would deal with the co-worker in

whatever manner he saw fit and Plaintiff would have to accept it. Plaintiff’s complaints were

not addressed and she was told to stop objecting to the disparate treatment. Since Plaintiff

needed her job, and because she wanted to continue to work for the SVU crime victims, Plaintiff

agreed to the terms and returned to her duties.

31. Following the meeting, plaintiff retained counsel, who promptly communicated

plaintiff’s concerns and complaints of discriminatory behavior to defendant on or before July

2013. The retention of counsel and plaintiff’s further expression that she had and continued to

be discriminated against and subjected to an office atmosphere of crude, inappropriate comments

and sexual harassment had little or no effect on the behavior of Violante or his on the

discriminatory policies he employed.

32. If anything, plaintiff’s assertion of her rights angered defendant and prompted

harsh retaliation. On or about September 3, 2013, the Niagara Falls Reporter published an article

detailing plaintiff’s complaints and denigrating plaintiff and her husband. Upon information and

belief, information published in the article, much of it which was false and defamatory, was

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supplied to the publisher by defendant and its agents, despite the fact that the allegations of

employment discrimination were personal, private and confidential.

33. On or about October 27, 2013, plaintiff filed a formal charge of discrimination

against Niagara County with the Equal Employment Opportunity Commission.

34. Plaintiff continued to dutifully perform her job in a hostile work environment

despite the fact she continued to be subjected to degrading and crude comments and unequal

treatment. In addition, plaintiff felt ostracized and isolated while continuing to work extra hours

and experience the extra stress and pressure of performing the additional duties of her male co-

worker. Plaintiff also suffered the additional humiliation associated with defendant’s punitive

conduct attacking plaintiff and her husband for asserting her rights. Working in an environment

which discouraged and even punished her for standing up for her rights under the law, plaintiff

experienced extreme stress and emotional suffering.

35. In April 2014, plaintiff suffered a serious medical event which caused her to miss

work for an extended period of time. During her extended illness, plaintiff was denied pay and

benefits afforded to other employees. Plaintiff was medically released to return to work in

October. On her return to the job, plaintiff was removed from her position in the SVU and

placed in a job which requires her to travel more extensively and for which she has not been

provided adequate support.

36. On or about June 19, 2014, plaintiff filed a further charge of discrimination in that

defendant retaliated against plaintiff in response to her assertions of discriminatory behavior and

the filing of her initial charges with the EEOC.

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37. Plaintiff has been treated differently and unequally, and subjected to sexual

harassment, because she is a woman. She was retaliated against for her complaints of gender

discrimination and sexual harassment and the retaliation has been punitive and has escalated.

38. The discrimination and retaliation Plaintiff has been subjected to by Defendant

was unjustified, and has caused plaintiff to suffer incalculable pain and suffering which has

caused her physical and emotional pain and suffering, and has further injured plaintiff

professionally and financially.

FIRST CAUSE OF ACTION-GENDER DISCRIMINATION

39. Plaintiff repeats and realleges paragraphs "1" through 38" of this Complaint with

the same force and effect as if fully set forth herein.

40. Defendant’s actions, as above described, evidence Defendant’s discrimination

against Plaintiff on the basis of her gender.

41. Plaintiff has suffered physical and emotional harm as a result of Defendant’s

actions. The gender discrimination she was subjected to was blatant and unjustified and

damaged her physically, mentally and professionally. The gender discrimination she was

subjected to violated Title VII of the Civil Rights Act of 1964 and the New York State Human

Rights Law.

42. DONATELLO has suffered, is now suffering and will continue to suffer irreparable

injury and monetary damages as a result of Defendant’s discriminatory practices unless and until

this Court grants relief and an award, inter alia, of back pay, front pay, and compensatory

damages against Defendant, all pursuant to Title VII of the Civil Rights Act of 1964 and the New

York State Human Rights Law.

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 Case 1:15-cv-00039 Document 1 Filed 01/12/15 Page 10 of 12

43. Plaintiff has been damaged in an amount to be determined at trial.

SECOND CAUSE OF ACTION-SEXUAL HARASSMENT

44. Plaintiff repeats and realleges paragraphs "1" through 43" of this Complaint with

the same force and effect as if fully set forth herein.

45. Defendant’s actions, as above described, evidence Defendant’s pervasive and

unwelcome sexual harassment of Plaintiff.

46. Plaintiff has suffered physical and emotional harm as a result of Defendant’s

actions. The sexual harassment she was subjected to was blatant and unjustified and damaged

her physically, mentally and professionally. The sexual harassment she was subjected to

violated Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.

47. DONATELLO has suffered, is now suffering and will continue to suffer

irreparable injury and monetary damages as a result of Defendant’s discriminatory practices

unless and until this Court grants relief and an award, inter alia, of back pay, front pay, and

compensatory damages against Defendant, all pursuant to Title VII of the Civil Rights Act of

1964 and the New York State Human Rights Law.

48. Plaintiff has been damaged in an amount to be determined at trial.

THIRD CAUSE OF ACTION-RETALIATION

49. Plaintiff repeats and realleges paragraphs “1” through 48” of this

Complaint with the same force and effect as if fully set forth herein.

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50. Defendant’s actions, as above described, evidence Defendant’s retaliation against

Plaintiff.

51. Plaintiff has suffered physical and emotional harm as a result of Defendant’s

actions. The retaliation she was subjected to was blatant and unjustified and damaged her

physically, mentally and professionally. The retaliation she was subjected to violated Title VII

of the Civil Rights Act of 1964 and the New York State Human Rights Law.

52. DONATELLO has suffered, is now suffering and will continue to suffer

irreparable injury and monetary damages as a result of Defendant’s retaliation unless and until

this Court grants relief and an award, inter alia, of back pay, front pay, and compensatory

damages against Defendant, all pursuant to Title VII of the Civil Rights Act of 1964 and the New

York State Human Rights Law.

53. Plaintiff has been damaged in an amount to be determined at trial.

DEMAND FOR TRIAL BY JURY

54. Plaintiff herein requests a jury trial pursuant to Rule 38(b) of the Federal Rules of

Civil Procedure.

WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows:

(A) An award of damages, including back pay, front pay, and compensatory damages,
in such amounts to be determined by the trier of fact on each Cause of Action;

(B) A Declaratory Judgment that Defendant unlawfully discriminated against,

sexually harassed and retaliated against Plaintiff in violation of Title VII of the
Civil Rights Act of 1964 and the New York State Human Rights Law; and

(C) An award of costs and disbursements necessary to this action, attorneys’ fees, and
for such other relief as this Court deems just and proper.

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January 12, 2015

Hamburg, New York
/s/ Andrew P. Fleming
Andrew P. Fleming, Esq.
CHIACCHIA & FLEMING, LLP
Attorneys for Plaintiff
5113 South Park Avenue
Hamburg, New York 14075
Telephone: (716) 648-3030
aflem@cf-legal.com

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