Zoo Society sued for age discrimination

Listen to this article

The former director of education and interpretation at the Seneca Park Zoo is suing the Seneca Park Zoo Society, claiming he was fired because of age discrimination.

Since 2009, Bartholomew A. Roselli, 65, held the job “which involved serving as the public-facing leader of public programs and exhibits” at the zoo and managed about 25 people, according to the 10-page complaint filed in U.S. District Court on Tuesday.

During his time in the job, Roselli received solid performance evaluations, according to the suit.

In 2013, for example, the evaluation described Roselli as “a true asset to the zoo,” and he was given a $2,000 bonus and a 3 percent raise.

According to the complaint, “discriminatory activities, specifically based on his age,” started under the new leadership of Society executive director Pamela Reed-Sanchez.

She “tolerated” other employees making fun of Roselli because of his age, even after he said he was hurt by the comments.

“Mr. Roselli would respond in meetings by saying ‘ouch, that hurt,’ but tolerated being called the ‘old man’ because he did not want to be retaliated against by Ms. Reed-Sanchez, given she favored younger people,” according to the suit.

In 2015, Roselli was demoted to director of education and visitor studies. In the new job, he led curriculum-based programs, volunteer management and visitor research and evaluation, according to the suit.

The interpretation portion of Roselli’s job was given to an employee who was in his 30s “and did not have the requisite education, background or experience and was unqualified,” the suit claims.

In addition, the younger employee “was allowed with Ms. Reed-Sanchez’s permission to openly ridicule Mr. Roselli, based on the misconception that Mr. Roselli was not adept with technology due to his age,” the suit claims.

“On July 24, 2017, Ms. Reed-Sanchez emailed Mr. Roselli a three-page list of alleged deficiencies in his performance and gave him a 48-hour ultimatum to either agree to leave his employment within 60 days, but publicly lie and say he decided to retire or resign, or to be terminated immediately,” according to the suit.

The performance issues were inaccurate and not serious enough to fire Roselli, the suit claims.

Roselli wrote in an email response to Reed-Sanchez that he felt he was being discriminated against because of his age and he asked that the Society investigate. She responded by having him escorted out of the zoo, according to the complaint.

In August 2017, Roselli filed a charge of discrimination with the New York State Division of Human Rights (DOHR) and the United States Equal Employment Opportunity Commission (EEOC).

In February, DOHR found that “probable cause existed that defendant engaged in unlawful age discrimination and retaliation.” In June, the EEOC mailed Roselli a notice of his right to sue.

In an emailed response to a request for comment, the Society’s communications coordinator, Mia Johnson, wrote: “The

Seneca Park Zoo Society stands by its action to terminate the employment of Mr. Roselli and vehemently denies his allegations of harassment and discrimination.”

“The Seneca Park Zoo Society is an equal opportunity employer and does not tolerate discrimination or harassment of any kind.  Accordingly, the Seneca Park Zoo Society intends to vigorously defend itself against this lawsuit and feels confident that it will ultimately prevail in court.”

Roselli is represented by attorney Justin M. Cordello.

[email protected] / (585) 232-2035