STATE OF NEW YORK

DIVISION OF HUMAN RIGHTS

======================================

In the Matter of DANIEL DENNIS,

COMPLAINT OF
Claimant, SEXUAL
DISCRIMINANTION
-against- AND HOSTILE WORK
ENVIRONMENT
AUBURN COMMUNITY HOSPITAL, DR. JEREMY
BARNETT, SCOTT BERLUCCHI, and DR. JOHN
RICCIO
Case No.: ____________
Employer/Respondent.
=======================================

The undersigned, Daniel T. Dennis, Jr. (“Claimant”), by and through his attorneys, Gattuso

and Ciotoli, PLLC, states for his administrative complaint with the New York State Division of

Human Rights (“DHR”), pursuant to New York Executive Law §290, et. seq., and 42 U.S.C.

§12101, et. seq. against Auburn Community Hospital. (“Respondent”), to the DHR and to the

United States Equal Employment Opportunity Commission (“EEOC”), based on a claim of sexual

harassment, hostile work environment, and retaliation as follows:

The Parties

1. Claimant is a former employee of Auburn Community Hospital (the “Hospital”).

Claimant, who resides at 11542 State Route 176, Cato, NY 13033, worked as a nurse practitioner

in the Hospital’s ICU department.

2. Auburn Community Hospital is a not-for-profit medical and surgical care facility

located at 17 Lansing Street, Auburn, NY 13021.

3. Dr. Jeremy Barnett is, upon information and belief, the current Assistant Director

of Critical Care and Director of Education at the Hospital.

4. Scott Berlucchi is the Hospital’s Chief Executive Officer (CEO).

 5. Dr. John Riccio is, upon information and belief, the Hospital’s Chief Medical

Officer (CMO).

Factual Background

6. Claimant was employed at Auburn Community Hospital (the “Hospital”) from

July 2017 to July 10, 2018 as a nurse practitioner in the hospital’s ICU department.

7. Dr. Jeremy Barnett was hired by the Hospital in/about October 2017. Dr. Barnett

was originally hired as a Locum Tenens employee, but was soon after converted to a full active

medical staff member by the Hospital.

8. Throughout most his employment at the Hospital, Claimant primarily worked

directly with and alongside Dr. Barnett in the ICU. Claimant worked so often with Dr. Barnett that

he became known amongst the medical and nursing staff as Dr. Barnett’s “right-hand-man.”

9. During the time that he worked with Dr. Barnett, Claimant was subjected to

numerous acts of sexual harassment, unwarranted public ridicule, and demeaning conduct in the

workplace.

10. Throughout the entire duration of Dr. Barnett’s employment at ACH, countless

complaints have filed against him by members of the medical staff to their direct supervisors and

the hospital’s administrative leaders, including CEO/President, Scott Berlucchi, CMO, Dr. John

Riccio, and Medical Staff President Dr. Shakeel Usmani. Many of these complaints have addressed

many instances of workplace harassment and retaliation by Dr. Barnett against members of the

medical staff, primarily the ICU nurses, including Claimant. All such complaints have been

submitted either verbally or in writing via e-mails, written reports, and electronic reports through

the ACH’s internal RL6 system.

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 11. Despite all of these internal complaints being made, the hospital’s administrative

leaders, including CEO Berlucchi and CMO Riccio, have never investigated or responded to any

of them under their own initiative.

12. In addition, a pattern had developed where if Dr. Barnett finds out about who has

made complaints against him, he proceeds to retaliate by confronting these people in a threatening

manner. Dr. Barnett would often learn about the identifies of those who had filed complaints

against him from the hospital’s administrative leaders, including CEO Berlucchi and CMO Riccio.

13. In light of the continuous hostile and dangerous work environment that had been

created by Dr. Jeremy Barnett and the administrative leaders at the Hospital, Claimant issued a

constructive discharge to terminate his employment with Auburn Community Hospital.

Sexual Harassment

14. While working with Claimant, Dr. Barnett often made numerous unprofessional

and offensive remarks to Claimant that were sexual in nature. These statements by Dr. Barnett

involved sexual references to himself and to patients that he and Claimant were treating in the

ICU.

15. For example, in April 2018, Dr. Barnett and Claimant were in a room with an ICU

patient that was intubated. While treating the patient, Dr. Barnett stated to Claimant, “just so you

know, that’s a small penis.” This comment was targeted at the patient they were treating.

16. On another occasion, Dr. Barnett stated to Claimant “How small does your dick

have to be to fuck that?” This statement was referring to another patient that they were treating

and her husband.

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 17. Dr. Barnett would also often make unprofessional and discomforting comments

about his own sexual nature and sex life to Claimant. For example, he would say to Claimant things

such as, “I haven’t had sex in 10 years,” and “I’m a bottom.”

18. In addition, Dr. Barnett intentionally made and spread false rumors at the

workplace that he and Claimant were dating and in a relationship. It is known amongst the

hospital’s medical staff that Dr. Barnett is a homosexual.

19. In March 2018, Dr. Barnett told Claimant, “I’m going to start a rumor that we’re

dating.”

20. Later the same day, as Claimant was leaving work, Dr. Barnett yelled to Claimant

while in front of other staff members, “ok, so you’re coming over at 8 tonight?” Dr. Barnett further

stated to Claimant afterward, “I told you I was going to make people think we were dating.”

Hostile Workplace Harassment

21. Dr. Barnett often belittled, mocked, and degradingly criticized Claimant in the

workplace and in front of patients and fellow medical staff members. This involved Dr. Barnett

becoming hostile and berating Claimant for things such as offering his own opinion on patient

treatment, giving what Dr. Barnett called “wrong answers,” and questioning Dr. Barnett’s medical

decisions.

22. Dr. Barnet regularly insulted and called Claimant names out loud, such as

“moron,” “stupid,” and “jackass.” These insults were heard by other medical staff members and

patients in the ICU.

23. Dr. Barnett would also talk about Claimant and reiterate these insults about him to

other staff members when he was not around.

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 24. In addition to harassing Claimant while at the hospital, Dr. Barnett further harassed

and abused Claimant through phone calls by calling him outside of normal work or appropriate

hours, and then again berating Claimant if he did not respond how Dr. Barnett wanted him to.

25. If Claimant was ever away from Dr. Barnett for more than a minute or two, Dr.

Barnett call trying to locate him. Whenever Claimant would reiterate that calling him like that was

unnecessary and unwarranted, Dr. Barnett often respond by saying things such as “you know I get

paranoid.”

26. On April 6, 2018, Dr. Barnett called Claimant during the workday while Claimant

was on 3M in a Rapid Response. Claimant texted Dr. Barnett telling him that he was occupied

with a rapid response at the time. After completing the rapid response and tending to the patient in

the ICU, Claimant called Dr. Barnett back, to which he responded by saying “first of all, when I

call, you answer.” When Claimant explained that he was in a rapid response, Dr. Barnett said, “I

don’t care, it wasn’t a code, and if you can text, it’s not that serious.”

27. On April 19, 2018, Claimant arrived at his shift and Dr. Barnett told him that

Claimant did not complete a chart that he needed to. Claimant researched this and confirmed that

he was not in the building. The patient had left AMA after Claimant had left for the day. Dr.

Barnett stated, “I still want you to do it.” Claimant started the note, but did not get a chance to

complete it before having to leave for the day. After leaving for the day, Dr. Barnett called

Claimant’s cell phone and began berating him about not completing his note, yelled “it’s your

job.” After the conversation ended, Dr. Barnett kept calling Claimant several times, to which he

did not answer.

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 28. Attached as Exhibit “A” is a copy of an extensive list of behavioral and workplace

complaints against Dr. Barnett by the ICU’s nursing staff that have been submitted to their

supervisors and hospital’s leaders.

Submission of Complaints and Threat of Retaliation

29. Throughout these events, Claimant submitted multiple workplace complaints to

hospital verbally and in writing, such as via e-mails and electronic reports through the hospital’s

internal RL6 system.

30. Claimant also submitted complaints to Tammy Sunderland, the Vice President of

Nursing, and Ann Duran, the Vice President of Quality Control about Dr. Barnett’s workplace

behavior and harassment.

31. Claimant was at times hesitant to report these types of incidents against Dr. Barnett

because it was known amongst the medical staff that the administrative leaders of the hospital,

including CEO Berlucchi and CMO Riccio, would inform Dr. Barnett of who would file

complaints against him, and then Dr. Barnett would retaliate.

32. Any complaints submitted to the hospital’s administration about Dr. Barnett’s

behavior are eventually relayed back to him, to which he then retaliates by confronting and berating

people at work.

33. Employees and medical staff members would also be yelled at and berated for

reporting such concerns or if they went to the wrong people outside the prescribed chain of

command to report complaints/issues. The chain of command for the purposes of reporting

complaints in the hospital was very confusing and unclear.

34. The hospital never responded Claimant’s workplace complaints or undertook any

type of corrective action pertaining to Dr. Barnett’s behavior.

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 35. Claimant seeks recovery for all economic and personal injury damages that he has

suffered as a consequence of these actions, together with punitive damages and attorney’s fees.

WHISEFORE, Claimant respectfully requests that the Commissioner of the New York

State Division of Human Rights, or his designee, make a finding of probable cause regarding the

aforementioned allegations, and enter an award in his favor in an amount to be determined

according to proof herein, and further relief as deemed necessary.

Dated: January ____, 2019 Respectfully submitted,

Stephen Ciotoli
Attorney for Claimant
GATTUSO & CIOTOLI, PLLC
7030 East Genesee St.
Fayetteville, NY 13066

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 VERIFICATION

STATE OF NEW YORK )

) ss:
COUNTY OF ONONDAGA)

Daniel Dennis, the Plaintiff herein, being duly sworn, deposes and says that the deponent

is the Claimant in the within action; that the deponent has read the foregoing Verified Complaint

and knows the contents therein; that the same is true to deponent's own knowledge, except as to

the matters therein stated to be alleged on information and belief, and that as to those matters

deponent believes them to be true. The undersigned affirms that the foregoing statements are true,

under the penalties of perjury.

January ______, 2019 __________________________________

Daniel Dennis

Sworn to before me this

_____ day of ___________, 2019.

___________________________
Notary Public