Professional Documents
Culture Documents
NO:
I.
PRELIMINARY STATEMENT
1.
This action is for claims arising from the employment discrimination, retaliation,
and unlawful termination of Plaintiff Dr. Avicolli by Defendants String Theory, PPACS under
the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. ("Title VII"); the Equal Pay Act
of 1963, as amended, 29 U.S.C. 206 and against all Defendants under the Pennsylvania Human
Relations Act, as amended, 43 Pa.C.S. 951 et seq. ("PHRA"), and Pennsylvania Equal Pay
Law, 43 P.S. 336.1-336.10.
2.
This Complaint seeks equitable and monetary relief for Dr. Avicolli, including,
but not limited to, back pay, front pay, benefits, attorney's fees, costs of this suit, compensatory
damages, liquidated damages, punitive damages, reinstatement, interest and all other legal and
equitable relief to which he is entitled for the denial by Defendants of Dr. Avicolli's right to
equal employment opportunity and unlawful employment practices by Defendant, including, but
not limited to:
a.
Discrimination against Dr. Avicolli with respect to the terms, conditions, and
Subjecting Dr. Avicolli to a hostile work environment based on her gender and
c.
Unlawful termination and retaliation against Dr. Avicolli with respect to the
age;
terms, conditions, and privileges of employment for engaging in a protected activity covered
under the ADEA, Title VII and the PHRA; and
d.
Paying male employees in the same or similar jobs more than Defendants paid Dr.
Avicolli.
II.
PARTIES
3.
and existing under the laws of the Commonwealth of Pennsylvania with a principal place of
business located at 1600 Vine Street, Three Franklin Plaza, Philadelphia, Pennsylvania 19103.
Upon information and belief, defendant String Theory owns and operates charter schools in the
City of Philadelphia financed by the School District of Philadelphia and School Reform
Commission.
5.
existing under the laws of the Commonwealth of Pennsylvania with a principal place of business
located at 2600 South Broad Street, Philadelphia, Pennsylvania, 19145. Upon information and
belief, defendant PPACS operates four (4) charter schools in the City of Philadelphia and is
owned, operated and managed by defendant String Theory.
6.
resident of the Commonwealth of Pennsylvania with an office and usual place of business
located at 1600 Vine Street, Three Franklin Plaza, Philadelphia, Pennsylvania 19103. Upon
information and belief, defendant Corosanite is the owner and operator of defendants String
Theory and PPACS and is Chairman of the Board and controls the Board of Directors of both
companies.
7.
At all times relevant hereto, defendant Corosanite was Dr. Avicolli's direct
supervisor.
8.
Philadelphia, Philadelphia County, Pennsylvania and, upon infonnation and belief, had a least
fifteen (15) employees.
III.
Pennsylvania is invoked over this lawsuit pursuant to 28 U.S.C. 1331, 1343, and 1367.
10.
This Court has supplemental jurisdiction over Dr. Avicolli's state statutory claims
under the Pennsylvania Human Relations Act, 43 P.S. 951 et seq. and Pennsylvania's Equal
Pay Law, 43 P.S. 336.1-336.10 because Dr. Avicolli's claims under the PHRA and Equal Pay
Law arise from the same facts and are related to Dr. Avicolli's ADEA and Title VII claims and
fall within the supplemental jurisdiction of this Court.
11.
committed in Philadelphia, Pennsylvania within the jurisdiction of the United States District
Court for the Eastern District of Pennsylvania and therefore, venue lies within the United States
District Court for the Eastern District of Pennsylvania pursuant to 28 U .S.C. 1391(b).
IV.
PROCEDURAL PREREQUISITES
12.
Dr. Avicolli has satisfied all conditions precedent to the commencement of this
lawsuit.
13.
discrimination, sex discrimination, wrongful termination, hostile work environment, equal pay
violations and retaliation against Defendants with the Pennsylvania Human Relations
Commission ("PHRC"), which was dual-filed with United States Equal Employment
Opportunity Commission ("EEOC").
14.
Dr. Avicolli claimed in her charge of discrimination that Defendants subjected her
to discrimination based on her age and sex creating a hostile work environment. Dr. Avicolli
further claimed that Defendants unlawfully terminated her employment in retaliation for
engaging in protected activity under ADEA, Title VII and the PHRA.
15.
By letter dated September 30, 2015, the PHRC notified Dr. Avicolli that she had
the right to sue in Court on her claims of age discrimination, sex discrimination, wrongful
termination, hostile work environment and unlawful retaliation for engaging in protected activity
as set forth in her charge of discrimination.
16.
By letter dated November 24, 2015, the EEOC issued Dr. Avicolli a Right to Sue
letter.
V.
STATEMENT OF FACTS
A.
17.
Dr. Avicolli began employment with Defendant PPACS in or about August 2005
Dr. Avicolli is a career educator and began employment with defendant PPACS
as Principal on or about August l, 2005 and served in the capacity as Principal up to and
including July 31, 2012.
19.
owned and operated one charter school - defendant PP ACS located in South Philadelphia at
2600 South Broad Street.
21.
curriculum, hire and train qualified teachers and to interact with teachers, students and parents.
22.
Under Dr. Avicolli's leadership, Defendants more than tripled their enrollment
and substantially increased the funds they are paid from the School District of Philadelphia,
which includes state and federal funds.
23.
By way of background, when Gail Avicolli was hired in August 2005, Defendants
had one elementary school with less than 450 students and for academic year 2013-2014,
Defendants had 1,200 elementary school students and had just opened a new high school in
Center City Philadelphia with an enrollment of 250 students for its first year of operation.
24.
In 2012, Dr. Avicolli was voted by the public as South Philadelphia's Best
Dr. Avicolli's employment with Defendants was terminated on June 30, 2014
when Defendants advised her that her position as Superintendent of Schools for defendants
String Theory and PP ACS was eliminated because of budget cuts as of June 30, 2014.
27.
and Chief Academic Officer of Defendants and continued to be employed in that capacity up to
and including the date of the wrongful termination of her employment on June 30, 2014.
28.
On the date of her wrongful termination on June 30, 2014, Dr. Avicolli, female,
was sixty-seven (67) years old, date of birth, August 13, 1946.
29.
Dr. Avicolli is a member of a protected class based on her age, over 40 years old
B.
30.
Upon information and belief, in or about 2012 the Defendants formed String
Theory to manage PPACS which was expanding by obtaining approval from the School District
of Philadelphia, School Reform Commission to open additional schools and to enroll additional
students.
31.
management company to insulate defendant Corosanite from liability for the day to day
operations of defendant PPACS and the other charter schools she later acquired and to change
the compensation and benefits of its executive administrative employees, namely Dr. Avicolli.
32.
intentionally provided less benefits to Dr. Avicolli compared to other administrative faculty and
staff, including the loss of pension contributions to the Public School Employees Retirement
System.
33.
On or about June 30, 2012, defendant Corosanite and her counsel prepared a
resignation form for Dr. Avicolli to sign. Defendant Corosanite and her counsel told Dr. Avicolli
she had to sign the form in order to accept her promotion to Superintendant and Chief Academic
Officer.
34.
Defendant Corosanite told Dr. Avicolli that by signing the resignation form she
would be helping defendant Corosanite and her schools by changing her retirement status with
the Pennsylvania State Employees Retirement System ("PSERS") to save Defendants money in
contributions for Dr. Avicolli.
35.
Defendant Corosanite, who exercises complete control over Defendants, told Dr.
Avicolli everything with her pay and benefits would be the same and that defendants String
Theory and PPACS are and would continue to be one and the same entity.
36.
Throughout her employment with Defendants, Dr. Avicolli's office was located at
PPACS at 2600 South Broad Street, Philadelphia, Pennsylvania up until her wrongful
termination on June 30, 2014 and she was provided no work space or office in the offices of
defendant String Theory.
C.
37.
Dr. Avicolli was last offered employment with the Defendants for the term
beginning July 1, 2013 and ending on June 30, 2014. This time for the very first time, Dr.
Avicolli's employment offer did not include a written benefit package as part of the offer as it
had in prior years.
38.
Defendants for three (3) year terms which also set forth the salary and benefits included in Dr.
Avicolli's compensation package including a provision for severance pay in the event of
termination of the employment agreement.
39.
responsible for the education, academics, and oversight of hundreds of students, teacher
recruitment and training, professional development for all of Defendants' schools and
participated in board meetings as a non-voting member of the Board of Directors of Defendant
String Theory.
40.
Specifically, Dr. Avicolli was responsible for the educational leadership of all of
Defendants' schools including staffing, recruitment, and training high quality teachers and staff,
curriculum, staff development, community relations, financing, and budget management for the
schools as well as a specific requirement that Dr. Avicolli be "visible in the schools, aware of
current issues and activities in the schools, and show an interest in community affairs."
41.
basis managing the overall operation and day to day operations of the schools and was generally
deemed "the face" of the schools and was a functioning employee of Defendants' schools.
42.
application with the School District of Philadelphia and obtained a renewal of their charter
school contract without academic condition for a second five (5) year term by the School District
of Philadelphia, School Reform Commission, although the Renewal Committee made findings
that Defendants were not operated by a neutral Board of Directors. The non-academic findings
by the Renewal Committee are well beyond the scope of Dr. Avicolli's responsibilities.
43.
The Chairman of the Renewal Committee lauded Dr. Avicolli as instrumental and
an integral part of the success of defendants String Theory and PPACS and deemed her the face
of the Defendants.
D.
44.
On or about February 3, 2014, Dr. Avicolli requested a meeting with the business
manager of the Defendants to discuss her employment contract and benefits and requested that
her next employment contract cover a three year term similar to past contracts and provide the
same benefits including pension contributions which Defendants paid to its teachers and staff of
Defendant PPACS.
45.
Theory, both female and substantially younger than Dr. Avicolli, received approvals in response
to their request that they each be provided with the same benefits including pension contributions
provided by Defendants to the teachers and staff of Defendants. One of these employees, Angela
Pulieo was promoted above Dr. Avicolli after Dr. Avicolli's request for the same treatment.
E.
46.
Defendants, founder of both companies and was Dr. Avicolli's direct supervisor at all times
relevant hereto.
48.
defendant String Theory and also participated in the harassment directed at Dr. Avicolli.
49.
charter for 5 more years), defendant Corosanite and her son Jason Corosanite began to engage in
a pattern of illegal and wrongful conduct against Dr. Avicolli based on her age and gender
designed to force Dr. Avicolli to resign her position as Superintendent and Chief Academic
Officer of Defendants.
50.
When Dr. Avicolli did not resign due to the derogatory remarks and insulting
behavior, defendant Corosanite informed Dr. Avicolli publicly at a teachers meeting on February
17, 2014 that she was demoted from Superintendent of all schools to only the principal of the
IO
51.
February 17, 2014 at a staff meeting, rises to the level of a constructive discharge and retaliation
for requesting the same treatment as the other management level employees of Defendants.
52.
Defendant Corosanite further advised Dr. Avicolli publicly at this staff meeting
on February 17, 2014 that Angela Pulieo, a 55 year old female, 12 years younger than Dr.
Avicolli, was promoted to Chief Executive Officer and Principal of grades K though 10 and that
Dr. Avicolli would now report to her.
53.
Dr. Avicolli holds a Doctorate degree in Education and has extensive experience
in educational management including as deputy superintendent for the schools operated by the
Archdiocese of Philadelphia and as principal for a school district located in Southern New
Jersey.
54.
Angela Pulieo, a 55 year old female, has a master's degree in education and, upon
information and belief, does not possess the credentials necessary to be certified as a
superintendent of schools in Pennsylvania.
55.
Dr. Avicolli always received outstanding performance reviews during her entire
employment with the Defendants, tripling the Defendants' enrollment, and received excellent
evaluations from teachers, students and parents in addition to receiving approval for the
academic curriculum and programs she instituted from the School District of Philadelphia,
School Reform Commission.
11
57.
Beginning in January 2014 and continuing almost each and every day thereafter
up until March 3, 2014, defendant Corosanite berated Dr. Avicolli, including yelling and
screaming at Dr. Avicolli in front of teachers, staff, students and on occasion parents in her
attempt to force her to resign as Superintendent of Schools.
58.
Several times in February and March 2014, including on February 17 and 19,
2014, defendant Corosanite made derogatory remarks to Dr. Avicolli about her age and
appearance in front of her subordinates stating: "I know you weren't always so heavy, it was
change of life. You were thin when you were young."
59.
Dr. Avicolli had some health issues, and when she explained her health issues,
defendant Corosanite chastised her on several occasions between February 17, 2014 and March
10, 2014 by stating: "That is what happens when you get old."
60.
Avicolli, and frequently commented on Dr. Avicolli's age and weight, in front of her
subordinates, including teachers, staff and Dr. Avicolli's other subordinates at times reducing
Dr. Avicolli to tears, and routinely referred to Dr. Avicolli and called her "the queen" in front of
her subordinates, including staff and teachers.
61.
Defendant Corosanite told Dr. Avicolli that her monthly health insurance
premium was very expensive due to her advancing age on February 19, 2014 and screamed and
shouted at her: "Do you know how much your health insurance costs me because of your age."
Defendant Corosanite also screamed and shouted this same comment to Dr. Avicolli on several
other occasions between February 3, 2014 and February 19, 2014.
62.
On or about the same time in mid-February 2014 after Dr. Avicolli requested the
same benefits provided to her subordinates, teachers and staff, defendant Corosanite notified Dr.
12
f"
Avicolli that she was changing the terms and conditions of Dr. Avicolli's employment.
Specifically, in or about mid February 2014, defendant Corosanite notified Dr. Avicolli that her
paid time off at Christmas break and Easter break as well as other school holidays was
eliminated.
63.
All other employees of Defendants were treated differently than Dr. Avicolli and
continued to have company paid time off at both Christmas break and Easter break and other
school holidays without any change in the terms and conditions of the employment of the other
employees, most of whom are younger than Dr. Avicolli.
64.
Avicolli was purposely and intentionally barred from management meetings, scheduling
meetings, teacher training and discussions of the overall operation of Defendants in which she
previously participated in as both Superintendent of Schools and formerly as Principal,
effectively divesting Dr. Avicolli of her job responsibilities and rendering her unable to perform
her job functions.
65.
For the first time on February 19, 2014, Gail Avicolli discovered that defendant
Corosanite had caused Defendants to remove Dr. Avicolli and her husband from Defendants'
health insurance plan, instead filing applications for COBRA benefits for her eighteen (18)
months before without her knowledge, consent, or approval.
66.
Dr. Avicolli discovered this unauthorized action for the first time on February 19,
2014, when Dr. Avicolli's husband went to the pharmacy to pick up prescriptions and was
advised that they had no health insurance because it has been cancelled.
67.
On February 19, 2014, when Dr. Avicolli discovered that her health insurance had
been replaced by COBRA eighteen (18) months before but had now terminated, she complained
13
directly to defendant Corosanite who told her "You are over 65 years old. Medicare is your
primary health insurance provider, not me. Everyone but you knows that COBRA only lasts for
18 months.''
68.
administrative, staff or teacher, who was terminated from Defendants' health insurance plan and
placed on COBRA without his/her knowledge, consent, approval or application and told to seek
coverage from Medicare.
69.
On February 19, 2014, Defendants asked Dr. Avicolli to complete new personnel
forms and was advised that her coverage under COBRA had in fact ended, despite the fact that
she never even knew she was receiving health insurance through COBRA.
70.
Defendants further advised Dr. Avicolli on February 19, 2014 that the purpose of
the new personnel forms, in addition to providing health insurance coverage again, was to
provide Dr. Avicolli with the same benefits as all the other employees of Defendants including
pension contributions to the Public Schools Employees Retirement System ("PSERS"), and to
specifically define Dr. Avicolli as only an employee of Defendant PPACS.
71.
On February 19, 2014, Dr. Avicolli further discovered that these new personnel
forms were related to the demotion and her new position as principal of only the fifth and sixth
grade students.
72.
Dr. Avicolli thereafter complained to defendant Corosanite and her son that she
believed she was being intentionally demoted and discriminated against because of her age.
73.
Beginning in January 2014 and continuing up until March 10, 2014 when Dr.
Avicolli went on sick leave, defendant Corosanite told Dr. Avicolli on numerous occasions: "I do
not see your face or a person when I look at you, all I see is your age."
14
74.
Her son, Jason Corosanite also made this same comment several times to Dr.
'
Avicolli after February 17, 2014 and continuing through March 3, 2014 and told Dr. Avicolli that
his mother had a real issue with Dr. Avicolli's advancing age.
75.
Jason Corosanite also told Dr. Avicolli almost every day from February 17, 2014
up to and including March 3, 2014 that "Do you know how much your health insurance costs
me? The cost of your health insurance is taking money out of his pocket" because of her age.
76.
On February 27, 2014, when Dr. Avicolli asked for clarification of her position
with Defendants, defendant Corosanite yelled, screamed and berated Dr. Avicolli telling her
again that she was being demoted to the principal of the fifth and sixth grade only causing Dr.
Avicolli to become physically ill.
77.
Dr. Avicolli advised defendant Corosanite on February 27, 2014 that her
screaming, yelling and harassing treatment of her was making her physically ill, that she was
seeking medical treatment and would not be able to attend a school function scheduled for that
evemng.
78.
On the evening of February 27, 2014 at the school function and where she knew
Dr. Avicolli was unable to attend, defendant Corosanite publicly humiliated Dr. Avicolli by
announcing to all present including faculty, staff, students and parents: "Why is Dr. Avicolli not
here? Where is she? The queen should be here."
79.
On February 28, 2014, defendant Corosanite held a meeting with Dr. Avicolli and
other administrative staff and teachers and again announced that Dr. Avicolli was being demoted
from Superintendant of all Schools and Chief Academic Officer to the principal of only the fifth
and sixth grades of Defendant PPACS.
15
80.
Beginning on March 3, 2014, Dr. Avicolli was on sick leave for a week due to
severe headaches and other stress related illnesses caused by the continued harassment she was
subjected to by the Defendants.
81.
On March 12, 2014, Dr. Avicolli was hospitalized for severe headaches and other
stress related illnesses caused by the continued harassment she was subjected to by the
Defendants, specifically defendant Corosanite and her son, Jason Corosanite.
82.
On or about March 12, 2014, Dr. Avicolli requested that she be placed on short
term disability and Family Medical Leave due to her stress related illness caused by defendant
Corosanite's and her son's discrimination and harassment creating a hostile work environment.
83.
Dr. Avicolli's request was denied by Defendants who informed her that she was
employed by defendant String Theory, which defendant Corosanite claims had only thirteen (13)
employees, and not Defendant PPACS which has more than 75 employees, and therefore was not
eligible for benefits under the Family Medical Leave Act or for short term disability.
84.
Dr. Avicolli had not received notice that her short term disability and other
Dr. Avicolli believes she is the only full time employee of the Defendants who
was denied Family Medical Leave Act benefits and short term disability benefits.
86.
On or about March 14, 2014, while on medical leave, Dr. Avicolli received a
notice from the Public School Employees Retirement System that she had been placed on
retirement status by the Defendants.
87.
On March 14, 2014, when Dr. Avicolli requested a copy of the personnel forms
she filled out on February 19, 2014 which reinstated her benefits including paid pension
contributions similar to the other administrative, faculty and staff employees, she was advised
16
the Defendants destroyed the forms, which they claim were "ripped up" without her knowledge,
authorization or consent and that her request for benefit reinstatement was denied.
88.
Dr. AvicolWs request for benefit reinstatement was denied even though
Defendants approved the exact same request for two other administrative employees, both
female and substantially younger than Gail Avicolli, in or about December 2013 and January
2014.
89.
behalf notified the Public School Employees Retirement System that Dr. Avicolli was in a retired
status and requested the resumption of her monthly retirement benefits, without Dr. Avicolffs
knowledge, consent and approval.
90.
Avicolli placed Defendants on notice of her claims of unlawful discrimination and harassment.
91.
Defendants.
92.
Avicolli to administrators, faculty and staff referring to her as the "queen" on numerous
occasions in April and May 2014 and told them that Dr. Avicolli "was suing her.''
F.
93.
in Retaliation
for
On or about June 19, 2014, Dr. Avicolli was cleared to return to work by her
When Defendants were notified that Dr. Avicolli was cleared to return to work,
Defendants notified Dr. Avicolli in writing that her position as Superintendent of Schools was
eliminated as of June 30, 2014 for budgetary reasons and told her not return to work. A true and
17
correct copy of the letter terminating Dr. Avicolli' s employment is attached hereto, made a part
hereof and marked Exhibit "A".
95.
No other offer of employment was made including the position of PrincipaJ for
the fifth and sixth grades which was publicly announced at the teachers meeting on February 17,
2014 and which was never officially withdrawn.
96.
Dr. Avicolli believes that her position was eliminated and her employment was
terminated in retaliation for her complaints of unlawful discrimination and harassment and
request for reinstatement of benefits received by most other employees.
98.
Upon information and belief, Defendants have continued to hire new employees
and create new administrative level positions despite Defendants' stated reason budget concerns
for termination of Dr. Avicolli' s employment.
99.
For academic year 2013-2014, defendant Corosanite hired two (2) male
Both of these male employees reported to Dr. A vicolli in the chain of command
and upon information and belief, both of these were paid salaries and benefits in excess of the
amounts Defendants paid to Dr. A vicolli.
COUNT I
VIOLATION OF THE AGE DISCRIMINATION IN EMPLOYMENT
ACT
through 100 of her Complaint as if the same has been more fully set forth herein.
18
I 02.
discrimination against Dr. Avicolli on the basis of her age in violation of the Age Discrimination
in Employment Act of 1967, 29 U.S.C. 621, et seq. ("ADEA'').
103.
The aforesaid discriminatory treatment of Dr. Avicolli was the direct and
proximate result of Dr. A vicolli being a member of a protected class, over forty (40) years old, a
protected class under the ADEA.
104.
purposeful within the meaning of the ADEA and warrant the imposition of liquidated damages.
105.
Avicolli sustained permanent and irreparable harm, resulting in constructive discharge and the
loss of her employment, which caused her to sustain a loss of earnings, plus the value of certain
benefits, loss of earning capacity, plus back pay and front pay, past and future wages and interest
thereon, pension and retirement and other lost benefits, and attorneys fees and costs.
I 06.
practices engaged in by Defendants in violation of the ADEA, Dr. A vicolli suffered severe
emotional stress, embarrassment, humiliation, loss of reputation and loss of self-esteem.
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School and Philadelphia
Performing Arts Charters Schools, and Order that:
a.
Defendant offers Dr. Avicolli a position with a rate of pay and other benefits of
employment, to which she would have been entitled, had she not been subjected to unlawful
discrimination;
19
b.
Defendant compensates Dr. Avicolli with an award of front pay, back pay, past
and future wages, lost earning capacity, pension and retirement and other lost benefits;
c.
Defendant compensates Dr. Avicolli for the wages and other benefits of
for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment
and other non-pecuniary losses as allowable;
e.
Defendant pays to Dr. Avicolli pre and post-judgment interest, costs of suit and
Granting such other relief as this Court deems just and fair.
COUNT II
VIOLATION OF THE AGE DISCRIMINATION IN EMPLOYMENT ACTHOSTILE WORK ENVIRONMENT
Dr. Avicolli v. Defendants String Theory Schools and Philadelphia Performing
Arts Charter School
107.
through 106 of her Complaint as if the same has been more fully set forth herein.
108.
discrimination creating a hostile work environment which was severe and pervasive against Dr.
Avicolli on the basis of her age in violation of the Age Discrimination in Employment Act of
1967, 29 U.S.C. 621, et seq. ("ADEA'').
109.
work environment was the direct and proximate result of Dr. Avicolli being a member of a
protected class, over forty (40) years old, a protected class under the ADEA.
20
r-
110.
purposeful within the meaning of the ADEA and warrant the imposition of liquidated damages.
111.
Avicolli sustained permanent and irreparable harm, resulting in constructive discharge and the
loss of her employment, which caused her to sustain a loss of earnings, plus the value of certain
benefits, loss of earning capacity, plus back pay and front pay, past and future wages and interest
thereon, pension and retirement and other lost benefits, and attorneys fees and costs.
112.
practices engaged in by Defendants in violation of the ADEA, Dr. A vicolli suffered severe
emotional stress, embarrassment, humiliation, loss of reputation and loss of self-esteem.
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School and Philadelphia
Performing Arts Charters Schools, and Order that:
a.
Defendant offers Dr. Avicolli a position with a rate of pay and other benefits of
employment, to which she would have been entitled, had she not been subjected to unlawful
discrimination;
b.
Defendant compensates Dr. Avicolli with an award of front pay, back pay, past
and future wages, lost earning capacity, pension and retirement and other lost benefits;
c.
Defendant compensates Dr. Avicolli for the wages and other benefits of
for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment
and other non-pecuniary losses as allowable;
21
e.
Defendant pays to Dr. Avicolli pre and post-judgment interest, costs of suit and
COUNT III
VIOLATION OF TITLE VII-SEX DISCRIMINATION
Dr. Avicolli v. Defendants String Theory Schools and Philadelphia Performing
Arts Charter School
113. Dr. Avicolli incorporates by reference the allegations set forth in paragraphs 1
through 112 of her Complaint as if the same has been more fully set forth herein.
114. The foregoing conduct by Defendants constitutes unlawful harassment and
discriminationagainst Dr. Avicolli on the basis of her sex, female, in violation of Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., ("Title VII").
115.
In addition, upon information and belief, two (2) male employees of Defendants
were paid salary and benefits in excess of amounts paid to Dr. Avicolli.
116.
Both of these male employees of Defendants reported to Dr. Avicolli and were at
Upon information and belief, these two (2) male employees received overtime or
additional compensation for working evenings and summer in addition to their normal academic
year schedules while Defendants did not compensateDr. Avicolli for evenings and summer work
time.
118.
the basis of sex and pay employees of one sex lower wages than employees of the opposite sex
working in an equal or comparable position.
22
119.
In violation of Title VII, Dr. Avicolli was paid less than the two (2) male
employees in equal or subordinate employment positions with the Defendant, with one of these
male employees receiving a salary greater than Dr. Avicolli by at least Fifteen Thousand
($15,000) Dollars per year.
120.
These two (2) male employees are the only two (s) male management employees
of the Defendant and are the highest paid employees of Defendants other than defendant
Corosanite and her son.
121.
The duties performed by these two (2) male employees are substantially similar to
Dr. AvicolWs duties and the performance of which require equal skill, effort and responsibility
under similar working conditions.
122.
Upon information and belief, the difference in salary and compensation wages is
The aforesaid discriminatory treatment of Dr. Avicolli was the direct and
proximate result of Dr. Avicolli being a member of a protected class, female, a protected class
under Title VII.
124.
purposeful within the meaning of Title VII and warrant the imposition of liquidated damages.
125.
Avicolli sustained permanent and irreparable harm, resulting in constructive discharge and the
loss of her employment, which caused her to sustain a loss of earnings, plus the value of certain
benefits, loss of earning capacity, plus back pay and front pay, past and future wages and interest
thereon, pension and retirement and other lost benefits, and attorneys fees and costs.
23
126.
practices engaged in by Defendants in violation of Title VII, Dr. Avicolli suffered severe
emotional stress, embarrassment, humiliation, loss of reputation and loss of self-esteem.
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School and Philadelphia
Performing Arts Charters Schools, and Order that:
a.
Defendants offer Dr. Avicolli a position with a rate of pay and other benefits of
employment, to which she would have been entitled, had she not been subjected to unlawful
discrimination;
b.
Defendants compensate Dr. Avicolli with an award of front pay, back pay, past
and future wages, lost earning capacity, pension and retirement and other lost benefits;
C.
Defendants compensate Dr. Avicolli for the wages and other benefits of
for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment
and other non-pecuniary losses as allowable;
e.
Defendants pay to Dr. Avicolli pre and post-judgment interest, costs of suit and
Granting such other relief as this Court deems just and fair.
COUNT IV
VIOLATION OF TITLE VII - HOSTILE WORK ENVIRONMENT
Dr. Avicolli v. Defendants String Theory Schools and Philadelphia Performing
Arts Charter School
24
127.
through 126 of her Complaint as if the same has been more fully set forth herein.
128.
discrimination and creation of a hostile work environment which was severe and pervasive
against Dr. Avicolli on the basis of her sex, female, in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. 2000e et seq., {"Title VII").
129.
The aforesaid discriminatory treatment of Dr. Avicolli was the direct and
proximate result of Dr. Avicolli being a member of a protected class, female, a protected class
under Title VII.
130.
purposeful within the meaning of Title VII and warrant the imposition of liquidated damages.
131.
Avicolli sustained permanent and irreparable harm, resulting in constructive discharge and the
loss of her employment, which caused her to sustain a loss of earnings, plus the value of certain
benefits, loss of earning capacity, plus back pay and front pay, past and future wages and interest
thereon, pension and retirement and other lost benefits, and attorneys fees and costs.
132.
practices engaged in by Defendants in violation of Title VII, Dr. Avicolli suffered severe
emotional stress, embarrassment, humiliation, loss of reputation and loss of self-esteem.
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School and Philadelphia
Performing Arts Charters Schools, and Order that:
25
a.
Defendants offer Dr. Avicolli a position with a rate of pay and other benefits of
employment, to which she would have been entitled, had she not been subjected to unlawful
discrimination;
b.
Defendants compensate Dr. Avicolli with an award of front pay, back pay, past
and future wages, lost earning capacity, pension and retirement and other lost benefits;
c.
Defendants compensate Dr. Avicolli for the wages and other benefits of
for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment
and other non-pecuniary losses as allowable;
e.
~
Defendants pay to Dr. Avicolli pre and post-judgment interest, costs of suit and
Granting such other relief as this Court deems just and fair.
COUNTY
VIOLATION OF EQUAL PAY ACT
Dr. Avicolli v. Defendants String Theory Schools and Philadelphia Performing
Arts Charter School
133.
through 132 of her Complaint as if the same has been more fully set forth herein.
134.
Upon information and belief, two (2) male employees of Defendants were paid
Both of these male employees of Defendants reported to Dr. Avicolli and were at
26
136.
Upon information and belief, these two (2) male employees received overtime or
additional compensation for working evenings and summer in addition to their normal academic
year schedules while Defendants did not compensate Dr. Avicolli for evenings and summer work
time.
137.
Pursuant to the Equal Pay Act of 1963, as amended, 29 U.S.C. 201, et seq.
("EPA"), no employer, such as the Defendants, shall discriminate on the basis of sex and pay
employees of one sex lower wages than employees of the opposite sex working in an equal or
comparable position.
138.
In violation of the EPA, Dr. Avicolli was paid less than the two (2) male
employees in equal or subordinate employment positions with the Defendant, with one of these
male employees receiving a salary greater than Dr. Avicolli by at least Fifteen Thousand
($15,000) Dollars per year.
139.
These two (2) male employees are the only two (s) male management employees
of the Defendant and are the highest paid employees of Defendants other than defendant
Corosanite and her son.
140.
The duties performed by these two (2) male employees are substantially similar to
Dr. Avicolli's duties and the performance of which require equal skill, effort and responsibility
under similar working conditions.
141.
Upon information and belief, the difference in salary and compensation wages is
Dr. Avicolli prays that the Defendants be required to provide all available
remedies to her under the Equal Pay Act including the difference between her pay and the two
(2) male employees.
27
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School and Philadelphia
Performing Arts Charters Schools, and Order that:
a.
Defendants pay Dr. Avicolli the difference between her salary, compensation and
benefits and the salary, compensation and benefits of the two (2) male employees in substantially
similar or comparable positions, plus pre and post-judgment interest, costs of suit and attorney
and expert fees as allowed by law; and
b.
Granting such other relief as this Court deems just and fair.
COUNT VI
RETALIATION
VIOLATION OF ADEA!fITLE VII AND EQUAL PAY ACT
Dr. Avicolli v. Defendants String Theory Schools and Philadelphia Performing
Arts Charter School
143.
through 142 of her Complaint as if the same has been more fully set forth at length herein.
144.
Dr. Avicolli was subjected to animosity and hostility and was subject to
constructive discharge and employment termination for engaging in protected activity and for
requesting the same or similar treatment as all other employees of Defendants
145.
At all times material hereto, Defendants acted by and through its authorized
agents, servants, workers and/or employees, acting in the course and scope of their employment
with Defendant, in the furtherance of Defendant's business by retaliating against Dr. Avicolli for
engaging in protected activity which constitutes a violation of the ADEA, Title VII and EPA.
146.
Dr. Avicolli engaged in protected activity under the ADEA, Title VII and the
EPA when she requested that she receive the same or similar compensation and benefits as all
other employees of the Defendants.
28
147.
In response, Dr. Avicolli was subjected to animosity, hostility, name calling and
constructive discharge.
148.
In April 2014, Dr. Avicolli notified Defendants of her claim of discrimination and
On June 30, 2014, Dr. Avicolli suffered an adverse employment action when
Defendants terminated Dr. Avicolli's employment in retaliation for her engaging in protected
activity in violation of the ADEA, Title VII and EPA and asking for the same treatment as other
employees of Defendants ..
150.
Dr. Avicolli's engaging in protected activity under the ADEA, Title VII and EPA
was the cause in fact of Defendants unlawfully terminating her employment and the reasons
given by Defendants are nothing more than pretext for unlawful discrimination.
151.
purposeful within the meaning of ADEA, Title VII and EPA and warrant the imposition of
liquidation damages.
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School and Philadelphia
Performing Arts Charters Schools, and Order that:
a.
Defendants offer Dr. Avicolli a position with a rate of pay and other benefits of
employment, to which she would have been entitled, had she not been subjected to unlawful
discrimination;
b.
Defendants compensate Dr. Avicolli with an award of front pay, back pay, past
and future wages, lost earning capacity, pension and retirement and other lost benefits;
29
c.
Defendants compensate Dr. Avicolli for the wages and other benefits of
for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment
and other non-pecuniary losses as allowable;
e.
Defendants pay to Dr. A vicolli pre and post-judgment interest, costs of suit and
Granting such other relief as this Court deems just and fair.
COUNT VII
VIOLATIONS OF PENNSYLVANIA HUMAN RELATIONS ACT
Dr. Avicolli against All Defendants
152.
through 151 of her Complaint as if the same has been more fully set forth at length herein.
153.
Dr. Avicolli reasserts and re-alleges each and every allegation and claim as set
forth at Counts 1 through VI of her Complaint, as all such actions constitute violation of the
Pennsylvania Human Relations Act "PHRA"}, as the PHRA contains the same protections as the
ADEA and Title VII and are interpreted identically under the jurisprudence of the Third Circuit.
154.
Based upon the foregoing, Gail Avicolli alleges that the Defendants violated the
PHRA by discriminating against Dr. Avicolli based on her age, over forty (40) years old and sex,
demale, creating a hostile work environment causing severe and pervasive harm to Dr. Avicolli.
155.
Based upon the foregoing, Dr. Avicolli further alleges that defendant Corosanite
aided, abetted, incited, compelled or coerced the unlawful discriminatory practices perpetrated
against Dr. Avicolli and is individually liable to Dr. Avicolli for violating the PHRA and by
creating a hostile work environment causing severe and pervasive harm to Dr. A vicolli.
30
156.
All of these actions as aforesaid constitute violation and retaliation under the
157.
Dr. Avicolli prays that Defendants and Angela Corosanite, in her individual
PHRA.
capacity, be required to provide all appropriate remedies to Dr. Avicolli under the PHRA.
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School, Philadelphia
Perfonning Arts Charters Schools and Angela Corosanite, and Order that:
a.
Defendants offer Dr. Avicolli a position with a rate of pay and other benefits of
employment, to which she would have been entitled, had she not been subjected to unlawful
discrimination;
b.
Defendants compensate Dr. Avicolli with an award of front pay, back pay, past
and future wages, lost earning capacity, pension and retirement and other lost benefits;
c.
Defendants compensate Dr. Avicolli for the wages and other benefits of
for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment
and other non-pecuniary losses as allowable;
e.
Defendants pay to Dr. Avicolli pre and post-judgment interest, costs of suit and
Granting such other relief as this Court deems just and fair.
COUNT VIII
VIOLATION OF PENNSYLVANIA'S EQUAL PAY LAW
Dr. Avicolli against all Defendants
31
158.
through 157 of her Complaint as if the same has been more fully set forth herein.
159.
As stated above, upon information and belief, Dr. Avicolli was paid less in salary
than the salary paid to two male counterparts, both of whom reported to her and were
subordinate to her.
160.
employer, such as the Defendants, shall discriminate on the basis of sex and pay employees of
one sex lower wages than employees of the opposite sex working in an equal or comparable
position.
161.
Dr. Avicolli was routinely paid less than the two male employees in equal or
subordinate employment positions with the Defendant, with one of these male employees
receiving a salary greater than Dr Avicolli by $15,000.
162.
These two (2) male employees are the only two (2) male management employees
of the Defendant and are the highest paid employees of Defendants other than defendant
Corosanite and her son.
163.
The duties performed by the two male employees are substantially similar to Gail
Avicolli's duties and the performance of which require equal skill, effort and responsibility under
similar working conditions.
164.
Upon information and belief, the difference in wages is solely based upon Dr.
Avicolli's sex.
165.
Based upon the foregoing, Dr. Avicolli alleges that the Defendants violated
Pennsylvania's Equal Pay Laws and Defendants should be required to provide all appropriate
remedies to Dr. Avicolli under Pennsylvania's Equal Pay Laws.
32
tf!F"'
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School, Philadelphia
Performing Arts Charters Schools and Angela Corosanite, and Order that:
a.
Defendants pay Dr. Avicolli the difference between her salary, compensation and
benefits and the sal;iry, compensation and benefits of the two (2) male employees in substantially
similar or comparable positions, plus pre and post-judgment interest, costs of suit and attorney
and expert fees as allowed by law; and
b.
Granting such other relief as this Court deems just and fair.
Respectfully submitted,
POZZUOLO RODDEN, P.C.
BY: Isl Judith P. Rodden
JUDITH P. RODDEN, ESQUIRE
2033 Walnut Street
Philadelphi~ PA 19103
Atty. Nos.: 87646
Telephone.: (215) 977-8200
Attorneys for Gail H. Avicolli, Ed.D
33
...
WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable
Court enter judgment in her favor and against Defendants String Theory School, Philadelphia
Perfonning Arts Charters Schools and Angela Corosanite, and Order that:
a.
Defendants pay Dr. Avicolli the difference between her salary, compensation and
benefits and the salary, compensation and benefits of the two (2) male employees in substantially
similar or comparable positions, plus pre and post-judgment interest, costs of suit and attorney
and expert fees as allowed by law; and
b.
Granting such other relief as this Court deems just and fair.
Respectfully submitted,
POZZUOLO RODDEN, P.C.
BY~/
~~--<..,:e~yj~--"-1~
33
<Iv~
VERIFICATION
I, Gail H. Avicolli, Ed.D, hereby verify that the facts contained in the Complaint , are true
and correct to the best of my knowledge, infonnation, and belief. I understand that false
statementsherein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom
falsificationsto authorities.
/J~
Date: It(/'-/
~f/,~,z)JY.
GAILH.AVICOLLI, Ed.D
..
EXHIBIT ''A''
"
856-505-1301Fax
www.saritillithomson.com
If you have.any personal items at the office that youwant returned, please contact
me on()rbeforeJune 30, 2014.
Daniel1-J.Saide!
By::unitedStatesP.ostOfficenext.daydeliveryan.d.re2ulat;mail
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