Before filing a lawsuit in Brooklyn Federal Court against the City of New York, Community Board 1, Borough President Helen Marshall, longtime District Manager George Delis and board Chairman Vinicio Donato, Marcela Gutierrez “filed a charge of employment discrimination with the U.S. Equal Employment Opportunity Commission (E.E.O.C.),” according to legal documents. The U.S. Department of Justice, Civil Rights Division then issued Gutierrez her right to sue.
In the paperwork, the CB 1 aide since February 2004 claims that Delis, 64, subjected her “to a severe and hostile work environment because of her gender.”
Enumerated are Delis’ alleged acts, including inviting Gutierrez to “watch pornographic films in his office on at least two separate occasions in late 2006;” telling her in July 2007 “that he is only attracted to girls age 14 and younger;” “referring to plaintiff . . . using derogatory epithets;” “constantly bragging to plaintiff . . . about his sexual conquests and prowess;” and “walking around the office on numerous occasions touching his private parts.”
Gutierrez claims that she objected to Delis “on numerous occasions that she was seriously offended by these sexual comments and actions and asked him to stop.”
When he didn’t cease, she claims, she went to Donato, who allegedly “conducted no investigation . . . took no corrective action . . . and did nothing to stop or prevent the sexual harassment.”
Donato even advised Gutierrez to quit, she alleged.
The final complaints to Donato were in October 2007. The next month, according to the documents, Gutierrez became ill – including difficulty sleeping, weight loss and anxiety – “as a result of the sexual harassment she experienced.”
On December 4, 2007, Gutierrez said she was forced to quit her job; an unemployment insurance hearing followed in July 2008, at which point, according to the documents, “Donato testified, under oath, that plaintiff had complained numerous times to him about the sexually harassing comments . . . [and] that he did not feel he was able to get Queens Community Board 1 to discipline” Delis.
Gutierrez, who is being represented by New Jersey attorney Bruce Bernstein, is seeking unspecified compensation – “damages in the amount equal to the value of all back pay, front pay and the value of any benefits she would have ordinarily been entitled to” as well as “compensatory damages including damages for pain and suffering.”
Bernstein declined comment to The Queens Courier.
Additionally, calls to Community Board 1 went unanswered as of press time.
Dan Andrews, a spokesperson for Marshall, told The Queens Courier that, in 30 years as district manager, there were no complaints against Delis regarding sexual harassment.
Andrews did say that the office received a letter and a questionnaire from the Department of Citywide Administrative Services in response to Gutierrez’ unemployment insurance claims.
The Borough President did not fill out the paperwork, said Andrews, because “We didn’t have a direct role and [there were] no complaints from this woman.”
Delis retired in 2008.
“I’m shocked and amazed,” continued Andrews. “When he [Delis] retired, he said to me, ‘It’s time to enjoy life.’”
The Queens Courier was not able to reach Delis for comment, but a mailman at a home he owns in Astoria said that he was “a very nice guy, very cordial, always very concerned about the community.”
