A doctor who put a hidden camera in his office’s only working bathroom created a hostile work environment through this and other sexually harassing activities, a group of his former employees claims in New York state court.
According to the complaint, filed by five female employees in the Kings County Supreme Court, Dr. Vincent Pacienza put a bogus “air purifier” directly in front of the toilet seat of the bathroom used by both staff and patients.
Several weeks later officer manager Deborah Schubert discovered a receipt that documented Pacienza’s purchase of an “air purifier with hidden color camera” from an online spy store, according to the suit.
After confirming that the air purifier actually was a camera, Schubert told co-worker Ellen Moreno, and the two notified the Nassau County Police Department, the complaint says.
The police arrested Pacienza at his office June 13 [Donna H1]and charged him with felony unlawful surveillance.
The plaintiffs claim that they were constructively discharged from their jobs as a result of Pacienza’s illegal activities, “since no reasonable person could be expected to return to work for an employer after the commission of such despicable acts of sexual harassment, resulting in a severe invasion of privacy.”
Before his arrest, Pacienza had engaged in other forms of sexual harassment, including a “constant barrage” of sexually inappropriate comments, improper physical touching and a “general sponsoring of a sexually charged workplace,” the complaint says.
On one occasion he allegedly showed the plaintiffs a box of pornographic movies one of his patients had given him that he kept in the office. The box contained sexually explicit, offensive images, the complaint says.
In addition, Pacienza encouraged certain patients in his practice to engage in sexual harassment of his staff.
The plaintiffs say they complained to Pacienza about his sexually discriminatory conduct “on numerous occasions,” but the comments and pornography continued.
The complaint against Pacienza and his practice, Manhasset Cardiovascular P.C., includes claims of sexual harassment and hostile work environment under the New York State Human Rights Law; constructive termination in violation of the NYSHRL; and intentional infliction of emotional distress.
The plaintiffs are asking the court for back pay, front pay, compensatory damages, punitive damages and an injunction barring Pacienza and his practice from engaging in additional illegal conduct.