PITTSBURGH – A local man alleges he was subjected to a hostile work environment, including epithets made against his Jewish heritage, and that he was fired when he made complaints about the offending behavior.
Gregg Bernstein filed suit in the Allegheny County Court of Common Pleas on Sept. 22 versus D’Andrea Wine & Liquor Imports, Inc. and John D’Andrea. All parties are of Pittsburgh.
“Defendant owner John D’Andrea controlled and was the primary decision-maker regarding the actions of the defendant business D’Andrea Wine & Liquor Imports, Inc., including on matters of health and safety as well as employment. Defendant owner worked full-time at/for the defendant business. Plaintiff was hired as a sales person by defendant business and defendant owner in or around June 2019. Plaintiff was based in and worked out of Allegheny County, Pennsylvania. Plaintiff was and is Jewish,” the suit said.
“Throughout his employment with defendant business, plaintiff and other employees were subjected to repeated offensive and inappropriate racist, sexist and anti-Semitic remarks by defendant’s management that were offensive and derogatory statements, including the male, non-Jewish, Caucasian manager repeatedly negatively and disparagingly referring to African-Americans (included use of the “n——” word), women (including use of the “c—” word), and Jews. Other inappropriate comments were also made based on national origin. This repeated use of offensive references to persons based on their race, religion, gender and/or national origin created a hostile work environment. Plaintiff complained to the defendant owner about the offensive comments at various times during his employment and nothing was done about it and nothing changed.”
The suit adds that the defendant owner allegedly failed to follow Pennsylvania Department of Health orders and directives regarding COVID-19 workplace health and safety measures, as D’Andrea allegedly continued coming to work at the office after testing positive for and knowing he had COVID-19, failed to disclose that information to co-workers in a timely manner and failed to abide by mandatory COVID-19 protocols for cleaning, social distancing and mask-wearing.
“On Jan. 30, 2021, plaintiff complained again to the defendant owner by e-mail, about the inappropriate and offensive racist, sexist, anti-Semitic, and other inappropriate comments by management, as well as about the failure of the organization and owner to take required and appropriate coronavirus workplace safety measures. Plaintiff requested a meeting with the defendant owner to discuss these complaints and that meeting occurred on Feb. 5, 2021,” the suit states.
“At that Feb. 5, 2021 meeting, plaintiff confirmed and gave examples of the offensive, racist, sexist and anti-Semitic comments continuing to be made by management. At that Feb. 5, 2021 meeting, plaintiff complained about the defendant business’ and defendant owner’s inadequate and dangerous actions regarding the coronavirus, which did not comply with Pennsylvania Department of Health requirements (or CDC guidance). During that Feb. 5, 2021 meeting, as a result of and in direct response to the plaintiff’s above complaints, defendant’s owner fired plaintiff.”
Bernstein alleged that in addition to himself, various other employees complained to management about the offensive statements by management and the hostile work environment, but that their complaints, like his, went un-remedied.
Finally, Bernstein added that he was told by the defendant Business at the start of and at various times throughout his employment that he would be paid a commission, though he was never informed of the specifics of that commission and its calculation, despite repeatedly asking for this information, and was not properly and fully paid for his employment services, including his commissions.
For counts of wrongful discharge, employment discrimination – hostile work environment, employment discrimination – retaliation, intentional infliction of emotional distress, negligent infliction of emotional distress and failure to provide proper compensation, the plaintiff is seeking a declaration that the defendants’ conduct was in violation of the law, an injunction preventing any such future conduct, back pay, front pay, fringe benefits and other benefits of employment, compensatory damages, punitive damages, attorneys’ fees and costs under the Pennsylvania Human Relations Act, liquidated damages under the Pennsylvania Wage Payment Collection Law, attorneys’ fees pursuant to the Pennsylvania Wage Payment Collection Law, and any other applicable statute, pre- and post-judgment interest and any other damages, remedies, and relief as deemed just and proper.
The plaintiff is represented by Craig M. Brooks of Houston Harbaugh, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-012005
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com