Lind v. Selig - Amended Complaint

Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 1 of 41
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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SYLVIA LIND
Docket No. - 14-CV-09786
Plaintif
-against-
FIRST AMENDED
COMPLAINT
OFFICE OF THE COMMISSIONER OF
BASEBALL, an unincorporated association
doing business as MAJOR LEAGUE
BASEBALL,
ALLAN H. "BUD" SELIG and
FRANK ROBINSON
PLAINTIFF DEMANDS
TRIAL BY JURY
ECF CASE
Defendants.
______________________________________________________---------- x
Plaintiff, Sylvia Lind ("Lind" or "plaintiff'), by her attorney Ricardo A. Aguirre, Esq.,
complaining of the Defendants Office of the Commissioner of Baseball ("BOC") (also known as
"MLB"), Allan H. Selig ("Selig") and Fran Robinson ("Robinson") hereby alleges as follows:
Preliminary Statement
1. Plaintiff Lind has been employed by Major League Baseball since November 21,
1995 and, upon information and belief, is the highest raning Hispanic female in a management
position. Early on in her career she experienced disparate treatment in MLB's legal deparment,
but she had, as former Commissioner Selig likes to say, "hope and faith" that her diligence,
intelligence, perseverance and drive would ultimately be rewarded. However, as time passed, she
began noticing the trend of males being predominantly hired and overwhelmingly appointed to
executive level positions. Very few, if any, minority females were hired and appointed to
executive positions; and in an industry where nearly 40% of the players are foreign-born (most
of whom are from the Caribbean and Latin American), not one Hispanic female was hired or
appointed to an executive position.
2. In 1991, an African-American attorney named Jimmie Lee Solomon was hired as
Director of Minor League Operations. For 15 years Lind worked diligently for Mr. Solomon by
taking on all projects, dealing with personnel within and outside MLB and tackling a myriad of
challenges.
3. On or about June 4, 2012, Mr. Solomon was fired by BOC and his position
became vacant. At no time was the position anounced and posted for hire, nor was Lind
considered or interviewed for the position, even though she carred out the duties and
responsibilities of that offce on a daily basis, and had the qualification, educational credentials
and professional license. Instead, in keeping with its practice and pattern of recruiting,
appointing, promoting and retaining men for their executive positions, MLB replaced Mr.
Solomon with a gentleman whose formal education and professional credentials paled in
comparison to Lind's achievements; BOC filled Mr. Solomon's position with MLB Hall of
Fame
legend Fran Robinson.
4. From July, 2012 to the present, while acting cordial and seemingly friendly on a
personal level, on a professional level Robinson has subjected Lind to repeated discriminatory
actions that were deleterious to Lind's career and resulted in Lind experiencing severe emotional
distress. In this short period of time, Robinson promoted Ben Baroody, a white male in his
twenties and a prior subordinate of Lind, five times and subsequently placed him in charge of
plaintiff. Baroody had substantially less professional experience and inferior educational
credentials compared to plaintiff. Robinson, without just cause, stripped Lind of a majority of her
projects and responsibilities, including overseeing the All-Star "Futures Game" at MLB's anual
All Star Week, an event she help to create and supervised since its inception. Robinson forced
Lind to take direction from his daughter, Nichelle, a non-MLB employee, in matters Lind was
competent in dealing with without Ms. Robinson's intervention. Robinson made false,
unsupported and harful hearsay allegations that were slanderous, libelous and damaging to her
professional reputation. Robinson would request Lind send him frequent written updates, but he
regularly failed to read them. He would accuse Lind of not completing a task while documents
were either in his email or placed on his desk. Lastly, Robinson gave Lind disparaging and
demoralizing evaluations that lacked substantive and truthful support to justify his actions.
5. Then on or about May, 2014, during a meeting to discuss Lind's poor evaluation,
not recruiting, hiring,
Robinson uttered the words that encapsulated BOC's practice and policy of
promoting and retaining minority females, specifically Hispanic female professionals. When
speaking about the hiring practice in MLB, Robinson stated:
"Sometimes you have to hire a man because there are places women can't go. Well, I guess they
what it is they'll be
can go most places now, but sometimes it's easier to hire a man because of
dealing with. "

6. This diversity proceeding is brought to remedy discrimination on the basis of
gender, age and national origin in the terms and conditions of BOC's unlawfl employment
practices, in violation of
New York State Human Rights Law, New York Executive Law 296 et
the City of
~the "Executive Law"; and the Administrative Code of
New York 8-107 et seq.
(the "Administrative Code"). Plaintiff seeks injunctive and declaratory relief, compensatory and
punitive damages, and other appropriate and legal and equitable relief pursuant to the Executive
Law and the Administrative Code.
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THE
PARTIES
7. Plaintiff is an American citizen and Hispanic female of Cuban decent, and resides
in the State of
New Jersey. She is employed by BOC as the Director of Baseball Initiatives in the
Baseball Offce of the Commissioner.

the Commissioner of
8. Defendant the Office of
Baseball, doing business as MLB, is
thirty Major League baseball clubs. The Office of
an unincorporated association comprised of
the Commissioner is the executive offce that, inter alia, is ultimately responsible for the
recruiting, hiring, training and retention of all executives and managerial positions. Furthermore,
BOC is responsible for creating and executing diversity hiring and anti-discrimination policies
that are geared towards inclusion of potential hirees and employees of protected classes as
defined by Title VII of
in the County of
the Civil Rights Act of 1964. Their offce is located at 245 Park Avenue
New York.
New York and City and State of
9. Defendant Bud Selig, during the aforementioned period, was employed as the
Commissioner of Major League Baseball and was responsible for administrative oversight and
the overall operation of MLB that includes but not is not limited to the appointment, training,
supervision, promotion and discipline of executive, managerial and non-managerial employees in
MLB, including the individually named defendants herein. Upon information and belief, Selig is
a citizen of the State of Wisconsin.
10. Defendant Fran Robinson, during the aforementioned period, was employed by
MLB as the Executive Vice President of Baseball Development and was inducted in the National
Baseball Hall of
Fame. Upon information and belief, he is a citizen of
JURISDICTION AND VENUE
the State of
California.
11. This Cour has jurisdiction over this action pursuant to 28 U.S.C. 1332 (a)(l)
and (c) (l), because the plaintiff and defendants are citizens of different states and the amount in
controversy exceeds $75,000.
the
New York is the district where a substantial par of
12. As the Southern District of
events giving rise to the claim occurred, venue is proper within the District pursuant to 28 U.S.C.
1391(b)(2).
13. This Cour also has jurisdiction over this action pursuant to Title VII of the
Civil Rights Act of 1964,42 U.S.c. 2000e, Age Discrimination in Employment Act of 1967,29
jurisdiction for
U.S.C. 621, 28 U.S.C. 1331, and 28 U.S.c. 1343(a)(3), and supplemental
New York State Executive Law 297 and New York City Administrative Code 8-502 pursuant
to 28 U.S.C. 1367.
14. Pursuant to New York State Executive Law 297, plaintiff will serve a copy of
the Complaint on the New York State Attorney General's Offce and the Commissioner of the
Human Rights.
New York State Division of
15. Pursuant to 8-502( c) of the New York City Administrative Code, plaintiff will
serve a copy of the Complaint on the City of New York Commission of Human Rights and the
Corporation Counsel of
the City of
New York.
PROCEDURAL AND ADMINISTRATIVE REQUIREMENTS

16.
set forth in 706 of
Plaintiff has satisfied all of the procedural and administrative requirements
Title VII (42 U.S.C. 2000e-5), in paricular:
(a) Plaintiff filed a timely Charge of Discrimination with the United States Equal
Employment Opportity Commission on or about May 2014 and was assigned federal charge
number 520-2014-02288.
5
(b) Plaintiff received a "Notice of Right to Sue" from the EEOC on or about Januar 2,
2015.
(c) The Complaint in this matter is being filed within ninety (90) days of receipt of the
Notice of
Right to Sue provided to Plaintiff.

17. Therefore, Plaintiff amends her Complaint to add claims under Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. ("Title VII"). The facts set forth
here are those relevant to that claim as well, and therefore, there wil be no prejudice to
defendants by this procedure.
JURY
18. Pursuant to Rule 38(b) of
DEMAND
the Federal Rules of
Civil Procedure, Plaintiff
demands a trial by jur in this action on each and every one her claims.
FACTS COMMON TO ALL COUNTS

Lind's Background and Employment History with MLB
MLB Legal Department
i 9. Plaintiff eared her Juris Doctorate degree from Fordham University School of
Law in 1995. Shortly thereafter she was employed by Major League Baseball on November 21,
1995 as Legal Supervisor in the legal deparment of MLB Properties, Inc., an affliate of BOC.
Her annual salar was approximately $43,000.00.
20. At the time of hire, Lind was told by prospective manager Ethan Orlinsky,
curently Senior VP & General Counsel of MLB Properties and then Deputy General Counsel,
that there were two positions open and Lind was "overqualified for one" and "a little
underqualified for the other." She was offered and accepted the position for which she was
overqualified, Legal Supervisor, naively believing she would be able to prove herself and
establish that she was in fact, not underqualified for the other position, that of Staff Attorney.
21. Back then, plaintiff was the only Hispanic female lawyer in the legal department.
In fact, upon information and belief, besides Lind, the legal deparment has never hired another
Hispanic attorney.
22. Several months later, Phil Kah, a white male, was hired as staff attorney and
was paid double plaintiffs salar.
23. Jennifer Cohane (now Simms), plaintiffs direct supervisor at that time, routinely
assigned work interchangeably "to Syl (plaintif or Phil," depending on who had the biggest
volume of work, not based on the substantive nature of the task.
24. While Lind worked in the MLB Properties Legal Deparment, she submitted a
thorough memorandum outlining her job responsibilities and assignments in an attempt to secure
a promotion, since she was performing substantially the same tasks as the staff attorney that was
making double her salary. Lind was told that although she was an attorney, she wasn't "acting as
an attorney." This despite the fact that she drafted, edited and negotiated legal agreements.
Transfer to Minor League Operations in MLB

25. In June of 1997, plaintiff responded to an internal MLB job posting and was hired
by Jimmie Lee Solomon (also an attorney) to the position of Supervisor of Minor League
Operations in the Baseball Office of the Commissioner (hereinafter referred to as "BOC"). A
Masters of Business Administration degree or a Juris Doctorate degree were the educational
requisites listed in the job description.
26. The responsibilities listed for the position were somewhat significant, and Lind
Human Resources, that (1) what was
voiced her concern to Wendy Lewis, then Vice President of
described there was really a manager level position, not a supervisor position and (2) despite an
increase in responsibility, on paper it was actually a lateral move. Plaintiff was told that "titles
in Properties are inflated; this is really a promotion. "
27. Lind requested an increase in salary to at least $50,000.00, but was told BOC
could not increase her salary to that level since it was based on a salar increase percentage table.
Mr. Solomon informed her that had she come from outside MLB to fill the position, she would
have stared at a considerably higher salary.
28. In 1998, Mr. Solomon and plaintiff wrote the proposal to establish the "All-Star
Futures Game" that was presented to then MLB President Paul Beeston. Beeston approved the
concept and it became part of MLB' s All -Star Week. Plaintiff coordinated and oversaw the
Futures Game since its inception by selecting managers, field staff and participating players, and
managing communications with Minor League Baseball, Major and Minor League Clubs, the
newspaper "Baseball America", MLB.com and ESPN.
29. After Mr. Solomon had been promoted to Senior Vice President, plaintiff
was
placed in charge of Minor League Operations. She oversaw the relationships with Minor League
Baseball and the Major and Minor League Clubs, and developed and maintained the
departmental budget. Lind was BOC's representative on the Major League General Manager's
Player Development Committee and fan the twice-anual Major League Far Directors
Meetings.
30. Durng the majority of plaintiffs tenure with Minor League Operations, the
department consisted of Lind, Pat Scott, a coordinator (later senior coordinator), and Ana
Cariello, an administrative assistant (Hispanic female) who was shared with International
Baseball Operations and whose salary was under that budget.
31. In 2005, Mr. Solomon was promoted to Executive Vice President of Baseball
Operations and, upon information and belief, was earning approximately $1.6 million dollars a
year.
Involvement in New Project Initiatives
32. In Februar, 2006, the first Urban Youth Academy opened in Compton,
California. Plaintiff had been involved in the planning process by providing input on proposals,
visiting potential sites in Southern California and occasionally consulting with the architect.
33. In late 2006, Plaintiffs office developed the Civil Rights Game (hereinafter
referred to as "CRG"), a series of events intended to celebrate people who perpetuated the spirit
of the Civil Rights movement. Defendant Selig approved the concept and the first event took
place in 2007. While planing the first two Civil Rights Games, plaintiff and Pat Scott were
performing both their Minor League responsibilities and planning the CRG.
34. On or about 2008 or 2009, Mr. Solomon directed Lind to focus solely on the
CRG, the Urban Youth Academies, the Urban Invitational and other such projects, while he
established a new deparment entitled, "Baseball Initiatives". Although continuing to work with
plaintiff on many projects, Scott remained a member of Minor League Operations.
Hiring of
Ben Baroody
35. During the planing phase for the 2009 CRG in Cincinnati, Ohio, Scott took
maternity leave and a temporar employee assisted Lind. Around that time, Mr. Solomon
informed Lind that he would be requesting an additional permanent staff member for the
Baseball Initiatives Unit, while Minor League Operations was stil maned by two people.
36. Ben Baroody (plaintiffs present supervisor), a white male in his twenties who
had recently been hired in Major League Operations, was hired to be the coordinator in Minor
League Operations to replace Scott, who left MLB shortly after she returned from maternity
leave. Upon information and belief, Ben Baroody did not have nor does he have educational
credentials that are similar to plaintiff s credentials.
37. In June, 2010, Mr. Solomon was reassigned to become Executive Vice President
of Baseball Development, a position and deparment that did not previously exist. Plaintiff was
never considered nor offered neither the new position nor the now-vacated position of Executive
Vice President of Baseball Operations, which was filled at that time with defendant Robinson.
38. In the fall of 2010, during the 2011 budget planing process, Mr. Solomon
submitted a Baseball Initiatives budget with a headcount of two. Subsequently, said budget was
not approved.
39. In Februar, 2012, Mr. Solomon wanted the Baseball Development deparment
(which consisted of Baseball Initiatives, Minor League Operations and the Urban Youth
Academies) to produce a 2011 Year-End Review. It was chiefly drafted by plaintiff (as were the
overwhelming majority of written documents, Power Point presentations, proposals, etc., in the
department), with input from Darrell Miller, Fred Seymour and Ben Baroody. It included a
departmental organizational char, which stated that at that time Baroody held the title of
coordinator. Plaintiff was director.

Jimmie Lee Solomon Fired - Frank Robinson Hired
40. On June 4,2012, the day of
the First Year Player Draft, Jimmie Lee Solomon was
terminated by Selig.
10
41. That evening at the First Year Player Draft at MLB Network, then Executive Vice
President of Labor Relations Rob Manfred (now the Chief Operating Offcer of MLB and the
present Commissioner-elect of MLB) met with and informed plaintiff, Fred Seymour and
Baroody that Selig's office was "going to figure out" what was going to happen, but that they
should stil pfoceed "business as usuaL. "
42. Plaintiff had reported directly to Mr. Solomon for many years, performed her
duties with very little direction, and developed and implemented virtually all of his concepts and
projects. Notwithstanding the extraordinary responsibility Lind had held at that point, neither
Selig nor anyone from BOC, considered, discussed or offered Mr. Solomon's vacant position to
plaintiff; despite the fact plaintiff was experienced, competent and maintained the educational
credentials and professional license that qualified her for the position.
Hall of
Fa
mer Frank Robinson Replaced Jimmie Lee Solomon

Famer Fran Robinson, then a special
43. On June 26, 2012, Baseball Hall of
assistant to defendant Selig, was named Executive Vice Pfesident of Baseball Development.
44. Upon information and belief, Robinson had only earned a high school diploma
and did not maintain the skill set to qualify him as an executive vice president in a business
oriented department in BOC.
June 2012 - Initial Working Relationship with Frank Robinson
45. Two weeks after Robinson was named, the MLB All-Star Game was played in
Kansas City. Because Pat Hemm, his newly acquired assistant, was working with the
Commissioner during All-Star Week, Mr. Robinson expected Lind to handle various matters
such as coordinating Resident Security Agents, getting him into the ballpark, etc.; basically
11
menial tasks that were not within her job title description; and tasks she had never performed in
the close to 15 years she worked for Mr. Solomon.
46. These personal accommodations for Robinson were to be performed when
plaintiff was already charged with a myriad of different responsibilities that included team
oversight, intensive player needs and time-sensitive media requests.
47. As Mr. Robinson began to formulate the department, he convinced Baroody to
move over to Baseball Development from Minor League Operations, which was now back in
Baseball Operations. Baroody accepted the offer.
48. After Baroody became an official member of the deparment, plaintiff was never
informed of Baroody's offcial title nor the subsequent promotional titles until Februar, 2014;
although she knew his title had been "Coordinator" a few months earlier.
49. As the "new" deparment developed, plaintiff often asked fOf clarty as to her
responsibilities because there were occasions wherein she sought information from another
deparment related to a task that she had tfaditionally performed, only to learn that Baroody had
already approached that same person. In fact, she expressed this situation to Robinson that she
and Baroody were "stepping on each other's toes, " which, for a petite unit in BOC that was
attempting to establish its credibility, was professionally embarrassing. This dilemma would
paricularly occur when Robinson would ask Lind to perform a work task that he already had
assigned to Baroody or vice versa. He once told plaintiff that he had "done it on purpose
because he wanted to see how (we J would react. "
50. On varous occasions during the first several months, Robinson held
conversations concerning the future of
the deparment. He had decided that all the full-time staff
members (plaintiff, Baroody, Vice President of Youth and Facility Development Darell Miller
12
and Compton Academy manager Don Buford) would all report directly to him, and none of the
staff to each other. He explicitly told plaintiff on more than one occasion "Ben is learning the
ropes and you wil stil be the senior person. "
51. Even though she had exercised extraordinary initiative and been afforded
significant professional latitude and managerial discretion while working with Solomon for close
to i 5 years, in adjusting to a new supervisor, plaintiff was extraordinarly respectful of not
making decisions without consulting with Robinson. This included discussing business issues
with Robinson and offering her analysis and advice (but leaving the decision up to him), as well
as consulting with him prior to scheduling any business travel.
52. Despite continued consultations with Robinson, at some point, he had requested
more written status updates. Plaintiff complied, only to find that on numerous occasions he
failed to read the memos and emails he requested. Robinson would also dispute the submission
of said memos and reports.
53. In December 2012, shortly aftef the 2012 Winter Meetings, Robinson asked
plaintiff to sit with him to discuss her performance. He complained that Lind had not checked in
with him regularly during the Winter Meetings and reitefated his request for more regular
communication, both wrtten and oral.
54. Also in December 2012, Robinson asked plaintiff to provide an assessment of

Baroody's pefformance. Since Baroody only tacitly reported to plaintiff at the Futures Game
and CRG, Lind did not present an in-depth report, but provided him with a brief opinion. She
stated that Baroody was intellgent and hard-working, but needed more seasoning, as there were
numerous occasions where his instincts were ill-advised and would not best serve BOC or our
13
department. Mr. Robinson did not respond to her assessment nor did he make inquiries.
Plaintiff's First Written Evaluation from Mr. Robinson
55. On or about late January or early February, 2013, Mr. Robinson handed plaintiff a
written the evaluation, asked her to read it and then meet with him "around I I." Plaintiff was
shocked. It was an overwhelmingly negative, unbalanced and unsubstantiated evaluation.
56. Plaintiff
went to Robinson's office at 11 :00 a.m. and found Ray Scott (an African
American male), now Senior Vice President of Human Resources present. (The same Ray Scott
that in June 2012 had inappropriately stated to Lind in an elevator "Wow Sylvia! You Look
Hot!"). Neither Scott nor any member of
at any of
the human resources deparment had ever been present
plaintiffs prior evaluation discussions.
57. Robinson continually told plaintiff "...people don't like you. He never
substantiated his statements by identifying the names of those persons that made those hearsay
statements and whom Lind allegedly offended or tfeated unprofessionally.
58. During this same meeting Mr. Robinson kept saying that plaintiff "needed a
wake-up call" and that he was not "trying to get rid of' her. There was not one positive
statement on that evaluation.

59. Contrar to the 5 month period evaluation in 2012, in late August 2013 during a
phone conversation, Robinson complimented Lind's work on the Civil Rights Game, which had
taken place a few days earlier. He said he thought everyhing seemed very well organized and
that the show was very good despite there only having been one honoree present.
60. Durng that conversation, Robinson requested a "wrap up" memorandum
synopsizing the event. Lind told him "I'LL do one better" and explained that she would not only
14
include what had transpired in 2013 but what was necessary for the game to "move to the next
level. " Shortly thereafter, plaintiff submitted a 4,000 word treatise that was a comprehensive
analysis of the Civil Rights Game, with recommended improvements for nearly every aspect of
said event.
Unwarranted Reassignment of
Plaintiff's Duties and Responsibilities
61. On or about September 16, 2013, Robinson summoned Plaintiff to his offce to
discuss the reorganization of the department. Ray Scott was present.

62. Without just cause or reason, Robinson informed Lind she would be chiefly
responsible for the Civil Rights Game and dealing with broadcast matters related to Academy
the Academies, the
events and nothing else. Robinson stated Baroody would be "in charge" of
Breakthrough Series, the Urban Invitational and the Futures Game.

63. Plaintiff was shocked by Robinson's managerial decision and respectfully shared
her disappointment and concern over being stfipped of her responsibilities without just cause,
specifically the event she co-created and oversaw since 1999, the All Star Futures Game.
Plaintiff stated: "When you say 'Futures Game' to ESPN, Baseball America, MLB.com, they
think of me. If I am stil at MLB and you put someone else in charge of the Futures Game, you
are making a statement that I did something wrong and you took it away from me. "
64. Robinson stated said he would "think about" the Futures Game and get back to
plaintiff. He never did.
65. A few months later, Plaintiff was surprised to lear through a mass email
distributed by another deparment that Baroody was scheduled to make a Futures Game
presentation to Major League Far Directors at the anual Winter Meeting, an assignent Lind
15
had always assumed. Despite Robinson knowing that talking to Farm Directors about the Futures
Game was an explicit reason for plaintiffs attending the Winter Meetings, and despite Baroody
knowing Lind was to be in attendance, neither ever personally gave her advance notice that
Baroody would be making any such presentation. During the meeting (more than an hour into it),
Baroody sent an email to plaintiff and stated, "I'm going to give a brief overview of the Futures
Game, if you want to stick around. "
66. These events caused plaintiff to expenence significant professional

embarassment, humiliation and emotional distress.
Plaintiff's Job Performance
Unsubstantiated Allegations of
67. During the aforementioned September meeting, Mr. Robinson made the
absentminded, incredulous, unsubstantiated and defamatory statement that, "Oh, and people are
complaining about your drinking." Lind was alared and distressed by this comment and
responded, "What?" He stated plaintiff had allegedly been dfinking and "missing meetings" out
of town. Lind was outraged and exclaimed "That is an absolute lie. I have never missed a
long time." Plaintiff replied, "Well, if
meeting!" Robinson responded "Never? That's an awful
I had gone out of town and missed the very meeting I had gone there for, that's pretty big and I
believe I would remember that. "
68. Lind asked Robinson to specify what meetings she allegedly missed and identify
the individuals that promulgated these lies. Robinson acted as if he was trying to remember and
Scott asked if it was at the All-Star Game - which that year was held at Citifield in the County of
Queens and City and State of
New York. After a pause Robinson stated, quite unconvincingly,
"the Civil Rights Game, " which clearly contradicted the compliments he made to plaintiff for the
16
good job she had done on the event just two weeks earlier. Scott warned Robinson that if he wefe
to make such serious allegations he needed the "who, where, when" to substantiate such claim.
69. This incident is evidence of
Robinson's attempt to besmirch plaintiff
to justify his
discriminatory and disparate treatment against plaintiff.

Mr. Robinson's Directive to Work with His Daughter (Non-MLB Employee)
70. In planing the Civil Rights Game, the unit selects honorees each year for the
MLB Beacon Awards. For 2014, Motown Records founder Berr Gordy, Robinson's family
friend was selected as a potential honoree.
to call his wife, Barbara, and ask
71. In December 2013, Robinson instructed plaintiff
if she would inquire whether Mr. Gordy would be wiling to be honored. Lind called Mrs.
Robinson and spoke with her. However, instead of Mrs. Robinson following up with plaintiff, it
was Robinson's daughter, Nichelle, who contacted plaintiff.
72. Robinson's daughter was not and is not an MLB employee or executive, and is
not authorized to direct or supervise MLB or BOC employees.

73. Robinson's daughter immediately made demands and gave Lind directives. She
requested the honoree invitation letter be sent to her so she could forward it to Mr. Gordy. Lind
complied but Nichelle kept requesting changes to the letter, which was essentially a form that in
the past had been suffcient to secure the attendance of celebrities such as Academy A ward
winnef Morgan Freeman, Rock and Roll Hall of Famer Carlos Santana and boxing legend
Muhamad Ali.
74. Because Nichelle kept changing her mind, for efficiency's sake, Lind sent her a
word document and invited her to make any changes she wished.
17
received a voicemail message from Nansci
75. On or about January 7, 2014, plaintiff
LeGette, C.E.O. of Berr Gordy's company, saying she feceived MLB's letter and Mr. Gordy
would love to accept the honor. Lind called her back, and informed her of the process and event.
Lind immediately called Mr. Robinson to inform him of the good news and her conversation
with Ms. LeGette.
76. Lind contacted Nichelle and left her a message, thaning her for her assistance.
Latef that day, Nichelle, called Lind and asked, somewhat outraged, "They called you directly?
How did they get your number?" Plaintiff replied "It was on the letter." She said "I changed
the letter." Nichelle then stated she "wil handle all communication with Mr. Gordy's offce
from now on. "
77. Shortly thereafter, Lind called Robinson and very delicately relayed to him what
Nichelle had said and explained that it would challenging for the plaintiff not to deal directly
with the honoree's staff, as was customarily done. Plaintiff asked Robinson, "Is this what you
then asked, "Is this what you're asking me
want me to do?" Robinson did not respond. Plaintiff
to do?" Robinson said, "Yes, please. "

78. At no time did defendant Executive Vice President Fran Robinson intervene and
cease his daughter's involvement in this matter; instead, he insisted plaintiff continue to take
direction from a non-MLB employee and subjected her to continued harassment and hostile work
environment.
79. Acting as though she was plaintiffs supervisor, Nichelle later asked for a
synopsis of what plaintiff and Ms. Legette had discussed. Plaintiff sent the report and copied
MLB's public relations and entertainment consultant Ken Krasner, an MLB.com Vice President.
18
Nichelle said she did not know Mr. Krasner and that she would decide "who, if anyone, at MLB
(would) be in direct contact with Mr. Gordy's offce. "

80. Plaintiff was made to feel that as a Hispanic female she was not qualified to
interact with the Afrcan-American community, despite the fact that in the past she interacted
with numerous ethnic groups, including the African-American community.
Plaintiff's Second Evaluation from Robinson
81. On February 18, 2014, Robinson informed Baroody and Lind that he would be
conducting their evaluations. Plaintiff went in the offce first. Robinson had not given Lind a
written evaluation and, according to him, he had yet to do one. He stated that he was not sure if
he had to do the wrtten evaluation first and said he was going to check with Ray Scott. It was
later confirmed to plaintiff that it is against MLB policy to not provide an employee with a
written evaluation prior to discussion.
82. When Robinson conducted the oral evaluation, he was overwhelmingly positive.
Robinson said he saw vast impfovement in Lind's work performance and she was
communicating very well with him. He stated he had observed Lind in meetings and was really
appfeciative ofthe way she was handling herself and the wOfk. He even said to plaintiff" You do
not get the respect you deserve around here." Robinson also reiterated that plaintiff had "so
much knowledge about so many things" and "so much experience, " and he "feel(s) better"
when she's at meetings with him because he feels he is "covered." Robinson said he sometimes
brought plaintiff
to meetings related to projects she was not working on and it was "questioned"
and he said "I want her here because she has so much knowledge." He said that if there was
anything, Lind could stil improve a little on communication, as "people" (as always,
19
unidentified) say plaintiff does not always respond promptly enough.

83. During the same meeting, Robinson noted that plaintiff needed to communicate
better with Bafoody. As it was a fegular request from Robinson to both Baroody and plaintiff
that they needed to communicate better with each other, Plaintiff informed Robinson she
continually updates Baroody of what she is doing, but he regularly fails to reciprocate.
the communication was supposed to be mutual that
84. It was when plaintiff asked if
Robinson informed Lind, almost as an afterthought, that Baroody was being promoted again (the
5th time - or at least, five levels - in two years), and plaintiff would be reporting to Baroody as
her immediate supervisor. Robinson gave no substantive reason for his decision, other than to
say that he could not be in New York as much as before, and "someone has to be in charge while
(he's) gone." Lind informed Robinson she was extremely disturbed by this decision, because
comparatively speaking, Baroody, a young white male. did not have the same or close to the
same educational credentials, professional license nor the substantial employment experience
and considerable industry knowledge she had in MLB. Robinson insisted he was not trying to
"get rid oj' plaintiff or "push (her) out, " and begged her to "give (him) a year. " Providing no
explanation of what was to happen in a year, but intimating that it somehow would be something
positive for plaintiffs career, Lind stated she did not believe she could do that.
Plaintiff's Second Written Evaluation
received an automated email informing her
85. On Monday, March 17,2014, Plaintiff
she had "an action required" on her wrtten performance appraisaL. She had not been previously
informed by Robinson or his assistant that a wrtten evaluation had even been drafted. The
evaluation was fudamentally opposed to what had been discussed with plaintiff orally and again
20
was overwhelmingly disparaging, prejudicial, and libelous, causing plaintiff great distress while
on vacation. Plaintiff refused to respond to the review until she had consulted with counseL.
86. Plaintiff responded on or about Sunday, April 6. In her response, plaintiff gave
BOC, Selig and Robinson actual notice that Robinson's actions were discriminatory in nature,
on the basis of age, gender and national origin. She wrote:
"It is unfortunate that my supervisor views the evaluation process as an opportunity for
character assassination. What is contained here is merely a pretextual attempt to dismiss my
considerable skils and qualifcations and Justif his supplanting me with a young white male. "
87. On or about April 9, 2014, Ron Rydell of MLB's Human Resources Department
called and explained that when employees entered comments on theif appraisal, he "like(s) to
meet with them." This assertion, however, is contradicted by the fact that plaintiff also issued a
response to her evaluation the prior year, and neither Rydell nor any other member of the human
resources department solicited a meeting to further discuss her comments. Clearly, the only
reason she was contacted was due to the notice of discrimination.
and Rydell met for close to 2 Yi
88. On or about Wednesday, April 16,2014, plaintiff
hours. He reviewed some of the history of her department and each statement in the written
evaluation. He stated he would meet with Robinson to discuss this matter, then the three of them
would meet.
89. On or about April 22, 2014 Rydell informed Lind that he had, in fact, met with
Robinson.
April 28, 2014 - Meeting Concerning Retaliatory Disciplinary Action

90. On April 28, 2014, Robinson called plaintiff from California and directed plaintiff
21
to go to the Vincent Room at MLB headquarters on the 29th floor at 9:30 a.m. where Baroody
and Ron Rydell would be, along with a letter to plaintiff from Robinson. Robinson said he
would be on the phone and they would discuss.
91. Upon ariving plaintiff was informed she was the subject of a Disciplinar Action
for "Unprofessional Conduct - Insubordination".
92. The alleged insubordinate act stemmed from plaintiffs communication with a
Karen Chatman, a former business consultant plaintiff (as well as others in the deparment) dealt
with when she worked for Jimmie Lee Solomon.
93. Robinson blamed plaintiff of "assuming things" when plaintiff, in her email to
Ms. Chatman (the sending of which had been approved in advance by Robinson), asked Ms.
Chatman to "let us know" if she was no longer represented by a former baseball player turned
agent with whom their department had been dealing.
94. Plaintiff
had made it a point to discuss and keep Robinson informed of any
dealings with Ms. Chatman and he and Baroody had both been copied on the message.
95. This absurd accusation was a blatant pretextual act of retaliation by Robinson
against plaintiff for the response she made to her written evaluation.
96. Prior to the aforementioned disciplinary action, Plaintiff was never disciplined for
insubordination.
97. This sanction by Robinson, permitted by defendants BOC and Selig, is in direct
retaliation for the notice plaintiff gave to MLB about his and their discriminatory practices.
April 29, 2014 - Rydell's Inappropriate and Unprofessional Slanderous Comment
98. On or about April 29, 2014, plaintiffs friend and former colleague, Ana Rivas
(formerly Ana Cariello) met for lunch.
22
99. While enjoying their lunch outside of MLB headquartefs, Rivas saw Mr. Rydell
pass by and confided to plaintiff that she had been meeting with Rydell to discuss her own
employment issues. Later that week, Rivas told plaintiff that afterwards Mr. Rydell had told
Rivas that he had seen her together with plaintiff and said, in some and substance, "I'm not
going to tell you who to hang out with, but you may not want to spend time with her; she's
angry.
100. According to Rivas, she explained to Rydell that she used to report to plaintiff and
that they had been friends for many years.
101. As an employee tasked with addressing and preventing discrimination and hostile
work environments in MLB, Rydell's comment was grossly unprofessional, inappropriate and a
violation of MLB policy to intimate about confidential pefsonnel matters.
May 20, 2014 - Follow up Meeting - Robinson's Blatant Discriminatory Remark.
102. On or about May 20, 2014, plaintiffs unit was scheduled to have a deparment
meeting "around 2:30," which led Lind to believe it was a "wrap-up," meeting since it was
Robinson's last day in the offce for a few weeks.
103. When Lind arived, Baroody and Rydell were in the offce with Robinson. They
had plaintiffs "amended" review in their hands. After plaintiff read the amended review, the
meeting commenced.
1 04. Robinson spoke for quite some time, addressing a myriad of topics, claiming
Lind's recollection of the "oral" evaluation was vastly diffefent than his, that last year's review
was "not what (he) wanted to write but (she) needed a "wake-up call, " admitting that plaintiff is
things (she) need(s) to work on,"
"a very smart young woman" but alleging that she has "a lot of
23
saying that for all the time she had been at MLB she should be "higher" (in title and pay), but
that she blames everyone else and "needs to look in the mirror because the problem is you",
without specifying what the alleged problem was.
1 05. Robinson stated that he had done something he had nevef done in 60 years in
baseball and that was "invest in someone." He said he "invested" in plaintiff and he "got kicked
in the face." He was clearly offended that he had "said things to try to make plaintif
better" and,
in his view, plaintiff responded with "personal attacks." Robinson was unable to ariculate what
constituted this alleged "investment".
1 06. Robinson asserted that when he hires someone he does not see color or gender.
He also went into a non sequitur about the "type" of people available to hire and that "people of
color, there are very few of us in this building" and contending that there are very few people of
color or women among the intern pool (which was ironic considering both interns in the Baseball
Development deparment for the past two years have been minorities).
107. Astonishingly, Robinson went on to say that,
"Sometimes you have to hire a man because there are places women can't go. Well, I
guess they can go most places now, but sometimes it's easier to hire a man because of what it is
they'll be dealing with. "
108. Rydell and Baroody were witness to Robinson's statement, but made no comment
nor made any attempt to assert they disagreed with Robinson's disparaging remark.
109. Plaintiff was shocked and stunned and did not immediately respond and rebut
Robinson's discriminatory declaration.
110. After Robinson's lengthy discussion, when asked to fespond, plaintiff stated "1
24
don't have anything to say." Robinson glared at Lind incredulously and asked, "You have
nothing to say? I can't believe you have nothing to say." He said "You sit here and don't say
anything and then you put all these negative things in writing. You have never said anything
negative to me in person. "
i i i. Robinson later stated that he had been told by Rydell that he needed to
communicate with plaintiff more when he was unhappy with her work; wherein he
unequivocally, aggressively and offensively stated he would not do that, because if he did, "we
would be doing it every day and there wouldn't even be time to do any work." He stated that
he will never again have a serious conversation with plaintiff alone.
i i 2. Rydell wrapped up the meeting by reiterating that with the disciplinar action
already issued, "any insubordination or violation of the employee handbook" could subject
plaintiff to fuher discipline, and that Lind should keep that in mind. He further stated that it
seemed "there was an impasse here ", but communication was very important.
113. Rydell suggested that perhaps Mr. Robinson and plaintiff should talk without him
and Baroody present; whereupon Mr. Robinson once again stated he would never again have a
serious discussion with plaintiff again without another pefson present.
114. Rydell informed plaintiff that he would send her the evaluation requesting her
signature as merely an acknowledgement of receipt, not an admission of or concurrence with
what is contained therein. He requested that it be signed by the end of the week, as they would
like to "wrap up the whole evaluation process by the end of the month." Lind never signed the
amended evaluation.
Second Retaliatory Act
25
115. Shortly after the aforementioned disciplinary action, Plaintiff was directed to
report to a conference room at MLB headquarters to submit to a urinalysis test for the detection
of controlled substances and/or alcohoL.
116. Although MLB employees annually receive notification that they, like the
baseball players, are subject to drug testing, during hef two-decade tenure at MLB - BOC, Lind
was never directed to submit to drug and alcohol testing.
117. It is clear that defendants subjected plaintiff to said testing in an attempt to find
alcohol in her system in an effort to substantiate Robinson's allegation and subsequently have
cause to terminate her employment at MLB.
118. This attempt by defendants to inculpate plaintiff and substantiate Robinson's

allegation is in direct retaliation for the notice plaintiff gave to MLB about their discriminatory
practices.
Facts Outlining Defendants Discriminatory Policies and Practices

119. The aforementioned paragraphs detailed defendants discriminatory policies and
practices, and the disparate treatment plaintiff experienced throughout her 19 years as an
employee ofBOC. The following paragraphs are additional facts that support plaintiffs assertion
that discrimination is prevalent when it concerns senior Hispanic female employees in MLB.
120. As a 48-year old Hispanic female in the white male dominated industry known as
Major League Baseball, plaintiff has consistently been subjected to being passed over for
promotions and not being considered for positions she qualified for, nor receiving the pay
commensurate with those promotion positions.
121. Since plaintiffs arval at MLB in November, 1995, upon information and belief,
26
there have been a total of only four Hispanic individuals, all males, among MLB Properties, the
Offce of the Commissioner and MLB Advanced Media who have achieved a title of Vice
President or above. They are Lou Melendez, who was Vice President of International Baseball
Opefations and was, upon information and belief, "encouraged" to take early fetifement; Julio
Carbonell, who was Vice President of Information Technology and was dismissed from
employment with MLB in 2008; John Quinones, current Vice President of Recruiting; and Steve
Gonzalez, current Vice President of Labor.
i 22. There are currently no fewef than 52 individuals who hold the title of Vice
President or above; upon information and belief, Quinones and Gonzalez are the only Hispanics.
123. Of the 52 MLB Vice Presidents only 12 are women; and of the12 women there
are only 2 minority female Vice Presidents, neither of whom are Hispanic.
124. No Hispanic females hold the title of Vice President or above within MLB's
executive branch, nor have any held such a title during plaintiff s two-decade tenure.
125. Upon information and belief, defendant Robinson lacks the educational
credentials, professional license and executive experience to qualify as an Executive Vice
President in a business oriented deparment in BOC for which he is paid over $1 million.
126. When Robinson first joined BOC as the first Vice President of On-Field
Operations, he hired a white male in his twenties as his right hand. When that person left to
work for the Texas Rangers, he hired anothef white male in his twenties to replace him. Upon
being appointed Executive Vice President of Baseball Development, he recruited Baroody, a

white male in his twenties into the deparment, promoting him five levels in less than two years.
127. Baroody lacks the professional license, industry intelligence and executive
27
expefience to qualify as plaintiffs supervisor, receive five promotions and be paid more than
plaintiff.
128. The practice and pattern of shunning older Hispanic females and hiring young,
white males to be afforded the opportunities to achieve the title of Vice President is supported,
encouraged and permitted by the Office of the Commissioner Baseball (BOC), while doing
business as Major League Baseball and its former commissioner Defendant Selig. This was made
cfystal clear when Mr. Robinson stated: "Sometimes you have to hire a man because there are
places women can't go. Well, I guess they can go most places now, but sometimes it's easier to
hire a man because of what it is they'll be dealing with. "_
129. The defendant Selig and officials of MLB canot state they are unaware of
plaintiffs qualifications. In 2006, Lind was honored in Albany, N.Y. by the New York State
Hispanic Legislative Caucus' women's organization "Entre Nosotras" and N.Y.S.

Assemblywoman Caren Aroyo as the highest ranking Hispanic female in Major League
BasebalL. Shortly thereafter, defendant Selig sent her a congratulatory letter for receiving this
award and recognition.
130. Prior to her disciplinar sanction in 2014, in plaintiffs prior 18 years, she had, to
her knowledge, never been given any disciplinar action. Robinson orchestrated this action
against plaintiff to retaliate for the notice she wrote concerning his and BOC's discriminatory
practices.
131. If plaintiff was such a disciplinar liability and not qualified for promotion, then
why have MLB and defendant Selig utilized plaintiff s skills in the following maner:
a) Until Robinson took over, although not rewarded with commensurate title and
28
salary, plaintiff was given extraordinary responsibility and the latitude to exercise significant
professional discretion. She served as the point person on numerous matters, causing her to deal
directly with MLB Club Owners, Presidents, Genefal Managers and other Baseball Operations
personnel; Minor League Club Ownefs, Presidents and personnel; media members and various
outside parners.
was assigned as a Baseball
b) In the fall of2012 and the beginning of2013, plaintiff
Operations liaison to two World Baseball Classic ("WBC") teams, as she had been for the 2006
and 2009 WBC, even though she no longer worked in Baseball Operations. Plaintiff regularly
volunteered to assume more responsibility at the WBC venues; however, instead of appointing
her to the San Juan, Puerto Rico venue where all four participating teams were Spanish speaking,
defendants instead opted to appoint a non-Spanish speaking African-American male as a venue a

coordinator, making plaintiff feel that even where it was most waranted, the services of a
Hispanic employee were not welcome;
c) Plaintiff was consistently chosen as MLB' s spokesperson when interacting with
the Hispanic media market on the Civil Rights Game, conducting several radio and television
interviews, and plaintiff anually intfoduced the "Baseball & the Civil Rights Movement
Roundtable" modefator live on mlb.com;
d) Plaintiff is continually lauded by certain MLB deparments, outside parners and
paricipants in the Civil Rights Game both for her vision, intelligence and creativity, and the fact
that each CRG has been a well-executed event; this despite the dearh of support (and, most often
substantive opposition) outside the Baseball Development deparment;
e) Plaintiff is still held in high regard by Minor League Baseball and MLB Club
J.9
Baseball Operations personnel, with whom she worked closely for more than a decade;
f) Plaintiff was told by defendant Robinson that hef writing was "poor," yet she
regularly wrote substantive memoranda and analyses while wOfking with Mr. Solomon that he
submitted directly to MLB owners and/or BOC. Plaintiff also wrote an acceptance speech for a
Pulitzer Prize nominee and one of the most renowned authors and poets of our time, Maya
Angelou, shortly before her death. Dr. Angelou told Lind it was "very good" and changed only
two or three sentences. Individuals that viewed the recorded speech, including "Good Morning
America" anchor Robin Roberts (who was a friend of Angelou's) hailed it as "classic Maya"
even though they were actually plaintiffs words;
g) Robinson himself
told plaintiff
that he "liked to have (her) at meetings" because
he felt "covered," due to plaintiffs "incfedible experience, knowledge and intellgence".

h) Further, during the entife time he has known plaintiff, he has continually lauded
her as "a real baseball person," both directly to plaintiff and to others.
132. Exacerbating defendants BOC's, MLB's and Selig's discriminatory conduct is
that the very nature of plaintiffs job is to plan, advance and promote an event (the Civil Rights
Game) that perpetuates the fallacy that BOC, MLB and Selig truly cared about diversity and
equality. It has been plaintiffs continuous responsibility to "car the water" explaining how
conscientious BOC, MLB and Selig are about rights for all, when, in fact, plaintiff has
experienced, all too well, that there is a very selective application of such rights.
133. While plaintiff has always maintained a professional demeanor to the public and
endeavored to do what is in the best interest for defendants BOC, MLB, and Selig, it has been
extremely dishearening, utterly demoralizing and extraordinarly taxing on her, both emotionally
30
and psychologically, to almost singlehandedly perpetuate what she has known to be the divefsity
and equal employment opportunity falsehood.
FIRST CAUSE OF ACTION
Gender Discrimination under 42 U.S.C 2000e against BOC, Selig and Robinson
134. Plaintiff
repeats and re-alleges paragraphs 1 through 133 above as if
fully set forth
herein.
135. By the acts and practices described above, including but not limited to hiring
males in managerial and executive positions, cfeating a hostile work environment for plaintiff
her gender and failing to consider, interview, appoint and promote her to an executive
because of
position she was fully qualified to perform, BOC, Selig and Robinson discriminated in the terms
and conditions of
her employment on the basis of
her gender in violation of
the Federal Law.
136. Defendant Selig is liable under the Federal Law as plaintiffs "employer" for the
discrimination against plaintiff.

137. Defendant Robinson is liable under the Federal Law as an "employer" for the

138. Defendant BOC is liable as plaintiffs "employef" pursuant to the Federal Law fOf
the discrimination against plaintiff.
139. Plaintiff is now suffering and will continue to suffer irreparable injury and
monetar damages as a result ofBOC's, Selig's and Robinson's discriminatory acts.
SECOND CAUSE OF ACTION
Gender Discrimination under the Executive Law against BOC, Selig and Robinson
140. Plaintiff
herein.
31
fully set forth
14 I. By the acts and practices described above, including but not limited to hiring
males in managerial and executive positions, creating a hostile work environment for plaintiff
because of her gender and failing to consider, interview, appoint and promote her to an executive
and conditions of
her employment on the basis of
her gender in violation of
the Executive Law.
142. Defendant Selig is liable under the Executive Law as plaintiffs "employer" and
as an "aider and abettor" of the discrimination against plaintiff.

143. Defendant Robinson is liable under the Executive Law as plaintiffs "employer"
and as an "aider and abettor" of the discrimination against plaintiff.

144. Defendant BOC is liable as plaintiffs "employer" pursuant to the Executive Law,
for the discrimination against plaintiff.
145. Plaintiff is now suffering and will continue to suffer irreparable injury and
THIRD CAUSE OF ACTION
Gender Discrimination under the Administrative Code against BOC, Selig and Robinson
146. Plaintiff repeats and re-alleges paragraphs 1 through 145 above as if fully set forth
herein.
147. By the acts and practices described above, including but not limited to hiring
males in managerial and executive positions, creating a hostile work environment for plaintiff
because of her gender and failing to consider, interview, appoint and promote her to an executive
and conditions of her employment on the basis of her gender in violation of the Administrative
Code.
32
148. Defendant Selig is liable under the Administrative Code as an "aider and abettor"
of the discrimination against plaintiff.

149. Defendant Robinson is liable under the Administrative Code as an "aidef and
abettor" of the discrimination against plaintiff.

150. Defendant BOC is liable as plaintiffs "employer" pursuant to the Administrative
Code for the discrimination against plaintiff.

151. Plaintiff is now suffering and will continue to suffer irreparable Injury and
monetary damages as a result ofBOC's, Selig's and Robinson's discriminatory acts.
152. BOC, Selig and Robinson acted intentionally and with malice and/or reckless
indifference to plaintiff s statutory rights.
FOURTH CAUSE OF ACTION
National Origin Discrimination under 42 U.S.C 2000e

Against BOC, Selig and Robinson
153. Plaintiff
fully set forth
herein.
154. By the acts and practices described above, including but not limited to,
defendants' failure to consider, interview, appoint and promote qualified Hispanic females to
managerial and executive positions, and creating a hostile work environment for plaintiff
because of her national origin, BOC, Selig and Robinson discriminated in the terms and
conditions of her employment on the basis of her national origin in violation of the Executive
Law.
155. Defendant Selig is liable under the Federal Law as plaintiff s "employer" for the

33
156. Defendant Robinson is liable under the Federal Law as plaintiff s "employer" for

157. Defendant BOC is liable as plaintiffs "employer" pursuant to the Federal Law for

158. Plaintiff is now suffering and wil continue to suffef irrepafable inJury and

FIFTH CAUSE OF ACTION
National Origin Discrimination under the Executive Law

159. Plaintiff
repeats and re-alleges paragraphs i through 158 above as if
fully set forth
herein.
because of her national origin, BOC, Selig and Robinson discriminated in the terms and
conditions of her employment on the basis of her national origin in violation of the Executive
Law.

162. Defendant Robinson is liable under the Executive Law as plaintiffs "employer"

163. Defendant BOC is liable as plaintiff s "employer" pursuant to the Executive Law
fOf the discrimination against plaintiff.
34
164. Plaintiff is now suffering and will continue to suffer irreparable mJury and
monetary damages as a fesult ofBOC's, Selig's and Robinson's discriminatory acts.

SIXTH CAUSE OF ACTION
National Origin Discrimination under the Administrative Code

165. Plaintiff
repeats and fe-alleges paragraphs 1 through 164 above as if
fully set forth
herein.
166. By the acts and practices described above, including but not limited to, defendants
failure to consider, interview, appoint and promote qualified Hispanic females to managerial and
executive positions, and creating a hostile work environment for plaintiff because of her national
origin, BOC, Selig and Robinson discriminated in the terms and conditions of her employment
on the basis of her national origin in violation of the Administrative Code.
167. Defendant Selig is liable under the Administrative Code as plaintiffs "employer"

168. Defendant Robinson is liable under the Administrative Code as an "aider and

169. Defendant BOC is liable as plaintiff s "employer" pursuant to the Administrative
Code.
170. Plaintiff is now suffering and wil continue to suffef irreparable injury and
SEVENTH CAUSE OF ACTION
35
Age Discrimination undef the Age Discrimination in Employment Act of 1967,

29 U.S.C. 621, Against BOC, Selig and Robinson
herein.
managerial and executive positions, and cfeating a hostile work environment for plaintiff
because of her age, BOC, Selig and Robinson discriminated in the terms and conditions of her
employment on the basis of
the Fedefal Law.
her age in violation of

175. Defendant Robinson is liable under the Federal Law as plaintiffs "employer" for

177. Plaintiff is now suffering and will continue to suffer irreparable inJur and
monetary damages as a result of
BOC's, Selig's and Robinson's discriminatory acts.
GHTH CAUSE OF ACTION

Age Discrimination under the Executive Law
herein.
36
the Executive Law.
180. Defendant Selig is liable under the Executive Law as plaintiffs "employef" and
as an "aider and abettor" of the discfimination against plaintiff.

181. Defendant Robinson is liable under the Executive Law as plaintiff s "employer"

182. Defendant BOC is liable as plaintiffs "employer" pursuant to the Executive Law
for the discrimination against plaintiff.

183. Plaintiff is now suffering and will continue to suffer irreparable mJury and

NINTH CAUSE OF ACTION
Age Discrimination under the Administrative Code
184. Plaintiff repeats and re-alleges paragraphs 1 thfough 183 above as if fully set forth
herein.
185. By the acts and practices described above, including but not limited to, defendants
failure to consider, interview, appoint and promote qualified Hispanic females to managerial and
executive positions, and creating a hostile work environment for plaintiff because of her age,
BOC, Selig and Robinson discriminated in the terms and conditions of her employment on the
basis of
the Administfative Code.

37
186. Defendant Selig is liable under the Administfative Code as plaintiff s "employer"


188. Defendant BOC is liable as plaintiffs "employer" pursuant to the Administrative
Code for the discrimination against plaintiff.

189. Plaintiff is now suffering and wil continue to suffer irreparable mJury and


TENTH CAUSE OF ACTION
Retaliation under 42 U.S.C 2000e against BOC, Selig and Robinson
191. Plaintiff repeats and re-alleges paragfaphs 1 through 190 above as if fully set forth
herein.
192. By the acts and practices described above, including but not limited to, subjecting
plaintiff to a disciplinar action for an unsubstantiated act of insubordination and forcing
plaintiff to provide a urine sample for controlled substance and/or alcohol testing, defendants
retaliated against plaintiff
for her allegation of discrimination, in violation of
the Federal Law.
retaliation against plaintiff.

194. Defendant Robinson is liable under the Federal Law as plaintiffs "employer" for
the retaliation against plaintiff.
38
the retaliation against plaintiff.

196. Plaintiff is now suffering and wil continue to suffer irreparable mJury and

ELEVENTH CAUSE OF ACTION
Retaliation under the Executive Law

197. Plaintiff repeats and re-alleges paragraphs i through 196 above as if fully set forth
herein.
the Executive Law.

200. Defendant Robinson is liable under the Executive Law as an "aider and abettor"
of the discrimination against plaintiff.

201. Defendant BOC is liable as plaintiff s "employer" pursuant to the Executive Law.
202. Plaintiff is now suffering and wil continue to suffer irreparable injur and
TWELFTH CAUSE OF ACTION
Retaliation under the Administrative Code against BOC, Selig and Robinson
39
herein.
204. By the acts and practices described above, including but not limited to, subjecting
plaintiff to a disciplinar action for an unsubstantiated act of insubordination and forcing
plaintiff to pfovide a urne sample fOf controlled substance and/or alcohol testing, defendants
retaliated against plaintiff for her allegation of discrimination, in violation of the Administrative
Code.
205. Defendant Selig is liable under the Administrative Code as plaintiffs "employer"
and is also liable under the Administrative Code as an "aider and abettor" of the retaliation
against plaintiff.
abettor" of the retaliation against plaintiff.

207. Defendant BOC is liable as plaintiff s "employer" pursuant to the Administrative
Code for the retaliation against plaintiff.
208. Plaintiff is now suffefing and will continue to suffer irreparable injury and
monetar damages as a result ofBOC's, Selig's and Robinson's retaliatory acts.
PRAYER FOR RELIEF

WHEREFORE, plaintiff respectfully requests that this Court enter an award:
herein are unlawfl and in
(a) declarng the acts and practices complained of
violation of
the Title Vli of
the Civil Rights Act of 1964,42 USc. 2000e, Age Discrimination
in Employment Act of 1967,29 U.S.c. 621, New York State Executive Laws 296(1),
40
296(6), 296(7), the Administrative Code of
laws of
the State of
New York 8-107 and the common
the City of
New York;
the Federal Law,
(b) enjoining and permanently restraining these violations of
Executive Law and Administrative Code;

c) directing defendants to take such affirmative action as is necessar to
ensure that the effects of these unlawfl employment practices are eliminated and do not
continue to affect plaintiff s employment opportunities;
d) directing defendants to place plaintiff in the position she would be in but
for defendants discriminatory and retaliatory treatment of her, and to make her whole for
reputational damage and all earings she would have feceived but for defendants
discriminatory and retaliatory treatment including, but not limited to, wages, bonuses,
equity interests, pension and other lost benefits;
e) directing defendants to pay plaintiff punitive damages as provided by the
Administrative Code
f) awarding plaintiff such interest as is allowed by law;
g) awarding plaintiff her reasonable attorney fees and costs; and

h) granting such other and further relief as this Court deems necessary and
proper.
Dated: Bronx, New York

Januar 12,2015
Ricardo A. Aguirre
Law Office of Ricar
Attorney for Plaintiff
644 Soundview Avenue - Suite 6
Bronx, New York 10473
Tel: 718-542-9300 - Fax: 718-542-2244
41

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Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 1 of 41

UNITED STATES DISTRICT COURT

Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 2 of 41

legend Fran Robinson.

Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 3 of 41

not recruiting, hiring,

dealing with. "

~the "Executive Law"; and the Administrative Code of

New York 8-107 et seq.

Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 4 of 41

Baseball Offce of the Commissioner.

8. Defendant the Office of

Baseball, doing business as MLB, is

thirty Major League baseball clubs. The Office of

an unincorporated association comprised of

New York and City and State of

Fame. Upon information and belief, he is a citizen of

JURISDICTION AND VENUE

Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 5 of 41

New York is the district where a substantial par of

12. As the Southern District of

U.S.C. 621, 28 U.S.C. 1331, and 28 U.S.c. 1343(a)(3), and supplemental

New York State Division of

PROCEDURAL AND ADMINISTRATIVE REQUIREMENTS

Plaintiff has satisfied all of the procedural and administrative requirements

Title VII (42 U.S.C. 2000e-5), in paricular:

Case 1:14-cv-09786-PAC Document 3 Filed 02/10/15 Page 6 of 41

Right to Sue provided to Plaintiff.

18. Pursuant to Rule 38(b) of

the Federal Rules of

Civil Procedure, Plaintiff

FACTS COMMON TO ALL COUNTS

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Transfer to Minor League Operations in MLB

requisites listed in the job description.

voiced her concern to Wendy Lewis, then Vice President of

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Baseball Operations and whose salary was under that budget.

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coordinator. Plaintiff was director.

the First Year Player Draft, Jimmie Lee Solomon was

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mer Frank Robinson Replaced Jimmie Lee Solomon

43. On June 26, 2012, Baseball Hall of

June 2012 - Initial Working Relationship with Frank Robinson

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the deparment. He had decided that all the full-time staff

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54. Also in December 2012, Robinson asked plaintiff to provide an assessment of

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the human resources deparment had ever been present

plaintiffs prior evaluation discussions.

statement on that evaluation.

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Plaintiff's Duties and Responsibilities

discuss the reorganization of the department. Ray Scott was present.

Breakthrough Series, the Urban Invitational and the Futures Game.

plaintiff. He never did.

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