NEW ROCHELLE, NY — Guadalupe Mounir has put the U.S. Equal Opportunity Commission on formal notice that since filing her case two weeks ago, she continues to be victimized by the New Rochelle School District. She has now filed an updated complaint alleging that she has been harassed for filing her EEOC complaint, a very serious allegation.
It is a violation of state and federal law to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct.
Martin Sanchez, a former school board member and labor lawyer who is assisting Mournir, notified Schools Superintendent Dr. Brian Osborne in an email that the action appears to be an “organized effort by the union and the Superintendent” to persecute Mournir.
“The school district and particularly its EEO officer has not provided a semblance of protection while her claim is being processed,” said Sanchez.
The U.S. Equal Opportunity Commission found allegations of discrimination by Guadalupe Mournir, a cleaner working at Ward Elementary School, credible enough to assign a case number to her complaint. She says she has endured years of harassment in the City School District of New Rochelle.
According to the updated complaint, Mournir claims she has been harassed by union officials on two separate occasions.
On November 19th, Martin Daly, President of Federation of United School Employees (F.U.S.E.), encroached on her work space by showing up at Ward school unannounced and, according to Mournir, intimidated and harassed her with questions about choosing who would represent her at the next meeting between her and the Human Resources representative of the district. Daly was named in the original EEOC complaint which complains that Daly has been part of an effort to create a hostile work environment for Mournir.
In a letter to Daly, Sanchez states:
“I am requesting that you desist from making having any contact with Ms. Mounir. Your actions amount to a serious effort at intimidation which will be reported to the to the USEEOC.”
On November 20th, Karole Douglas, the district-wide grievance officer for the Federation of United School Employees (F.U.S.E.), accompanied by Nilda Nye, a Spanish teacher, confronted Mounir to alert her that Jennifer Rippa-Jones, the person who the claims has been filed against has a powerful father, a lawyer, who works for the school district, and that she should re-think what she had done in filing an EEOC complaint.
Rippa-Jones is the daughter of Vincent Rippa, a lawyer who was the Mayor of New Rochelle from 1975 to 1979. Among Rippa’s clients is the City School District of New Rochelle where he represents the school district in tax certioris hearings.
Sanchez says that he has made repeated attempts to meet with Osborne who has refused to take his calls or return calls.
“This is not a labor relations matter that speaks about union representation,” said Sanchez. “Ms. Mounir has requested a meeting with the EEO officer with a representative of her choosing to discuss ways to alleviate the constant bullying and racist remarks that the she has had to live with”.
The U.S. Equal Opportunity Commission policy, if a violation is found, is to attempt to reach a voluntary settlement with the employer. If the EEOC is unable to reach a settlement, the case is referred to EEOC legal staff with the U.S. Department of Labor or the U.S. Department of Justice either of which may file a lawsuit or the EEOC may issue the complainant a Notice of Right to Sue.