A former staffer at Astoria’s Community Board (CB) 1 will receive $98,000 in a settlement against longtime district manager George Delis after she filed a federal lawsuit claiming sexual harassment.
Marcela Gutierrez’s filing in Brooklyn Federal Court also named as defendants the City of New York, CB 1, Borough President Helen Marshall, and CB Chairman Vinicio Donato.
The former CB 1 aide, who earned $24,000 a year, claimed that Delis, 64, who retired in 2008, subjected her “to a severe and hostile work environment because of her gender.” Enumerated were 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 claimed that she objected to Delis and asked him to stop. She also said that Donato allegedly “conducted no investigation . . . took no corrective action . . . and did nothing to stop or prevent the sexual harassment.”
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 was seeking “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.”
She was awarded $98,000. “This settlement was in the best interest of all the parties,” said Senior Counsel Joshua Fay from the city’s Law Department.
Walter Kretz, an attorney hired by the city to represent Delis, told The Courier that, “We were unwilling ourselves to settle, it was the city’s decision. We would have preferred to go to trial and have a jury [deliberate], but it would have [cost] more to defend the case and litigate, so the city decided to settle.”
Gutierrez’s attorney, Bruce Bernstein, declined to comment on the settlement.
Before the settlement, Dan Andrews, a spokesperson for Marshall, told The Courier that, in 30 years as district manager, there were no complaints against Delis regarding sexual harassment.
“I think it is unfortunate that George Delis’ behavior has cost the city and taxpayers almost $100,000 and I certainly think Mr. Delis should reimburse the city for damages,” said Assemblymember Michael Gianaris. “$100,000 is equal to having two more teachers in our classrooms or two more police officers on our street."
