Sexual Harassment Suit Against Americare Continues

A sexual harassment suit filed by an ex-employee of Americare gained steam recently when a judge refused to quash a subpoena for evidence of lurid conduct in an Atlantic City hotel.

A lawsuit filed in October of last year by Mendel Coen alleges his employer, Faivish Pewzner, chief operating officer of America Certified Special Services, Inc., sexually harassed and abused him during the term of his employment with that company.

The legal action, filed in federal court, pits Mr. Coen, a former patient relations executive at the company, against Mr. Pewzner, a man whose reputation as a pillar of the community lies in ruin.

Among the points of his complaint, Mr. Coen alleges the following:

  • Mr. Pewzner lived a “double life,” imbibing in illegal drugs, gambling and sexual liaisons.
  • Mr. Coen was recruited by Mr. Pewzner to aid him in his conduct and hide the conduct from others.
  • Among other duties, Mr. Coen was required to accompany Mr. Pewzner on company trips and hire female escorts for Mr. Pewzner.
  • On one such trip in August 2009, Mr. Pewzner sexually assaulted Mr. Coen.
  • When Mr. Coen refused to further assist Mr. Pewzner, he was subjected to retaliation in the workplace.
  • After complaining to the company’s chief executive officer, the harassment continued.
  • Mr. Coen filed a complaint with the Equal Employment Opportunity Commission (EEOC) and was terminated by the company.

In a recent ruling in the matter, the court denied a motion to quash a subpoena on the Borgata Casino Hotel and Spa in Atlantic City, ruling the subpoena is appropriate for purposes of corroborating the claims of Mr. Coen.

Sex-based harassment and discrimination are illegal in New York. If you have questions about treatment in the workplace, talk to an experienced New York employment attorney

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