Ex-[NY State]Senate aide sues in bias case [Democrats]

Times Union ^ | 29 August 2005 | MICHELE MORGAN BOLTON

[NYFriend]

ALBANY -- A 26-year state employee who spent 14 years as the Senate minority caucus photographer filed a $1 million-plus federal lawsuit Friday, claiming he was fired in 2003 because he is white and minority senators wanted to hire an African-American. Joseph Maioriello of Schenectady is also seeking compensatory damages for loss of pay, health and life insurance, as well as retirement credits, among other lost benefits.

Maioriello claims in court papers that his immediate supervisor, Tracey Pierce-Smith and Deputy Chief of Staff Jack McPadden told him of the plan during a March 20, 2003, meeting, even as the official cause of termination was listed as poor performance and reliability.

Then, he claims, as he sought to preserve his longevity, Democratic senators Byron Brown of Buffalo and Malcolm A. Smith of Queens told him not to bother asking other minority senators for work, because they wouldn't be sympathetic to a white male.

"I believe I was terminated from my long-term position with the New York State Legislature because of my race," Maioriello said in court papers. "I was never disciplined for misconduct or wrongdoing. I was never written up by a supervisor and I maintained a good work record. I believe that the employees and Senators of the New York State Senate Minority conspired to deprive me of professional opportunities."

Maioriello's last day in the $34,206 job was March 26, 2003.

Former Associated Press photographer Joseph El-Wise Noisette took over, at $48,000 per year, the next day, documents said.

"The charges are without merit and have no basis in fact," said Charles J. O'Byrne, the minority caucus' director of press relations.

Maioriello filed a reverse discrimination complaint with the U.S. Equal Employment Opportunity Commission in June 2003, claiming unlawful termination.

Following an investigation into his allegations, Buffalo office director Elizabeth Cadle said in a Sept. 20, 2004, determination that there was reason to believe that violations occurred.

Cadle said Senate staffers refused to hand over information that supported the criticism of Maioriello, claiming they hadn't saved his most recent performance evaluations.

Officials also declined to divulge the name of anyone who had complained about Maioriello.

Cadle pointed out that EEOC investigators learned that the Senate minority had fired a white, female graphic artist and replaced her with a woman of Hispanic origin.

She urged minority officials to engage in conciliation talks with Maioriello, but they didn't, leading to the civil lawsuit.

[geezerwheezer]

This really is a "ticking timebomb" for the Demorats in New York. I can't really believe anyone could be that stupid in firing the fellow, but then again, I'm surprised every day.I also noticed the minority caucus is paying the new guy about $12,000 more a year than they were paying the man they released. Why is that?....do you suppose?????

[camle]

you live by "diversity" you die by "diversity".

it's his own people who did him in.

[Landru]

"Former Associated Press photographer Joseph El-Wise Noisette took over, at $48,000 per year the next day, documents said."

HA!!
Another piece to the Associated Press puzzle, children.

Ignore the chump starting $12,000 more -- the following day, no less!! :o) -- as the price of diversity in one gawd-awful screwed-up place.
Concentrate on the *relationship* between the Liberal-Socialists & AP quisling that transcends the racial componenet.
See it?
Yea. ;^)

If anyone ever wondered *why* Associated Quisling photography always skillfully portrayed right-wingers -- of any stripe -- in the poorest of light while those of the Liberal-Socialist damned near look airbrushed?
Well wonder no more.

I'd say this kind *outs* the mo fairly well, eh?

Now the very same technique's employed by the Associated Press' "contributing writer" quislings and I think we could all agree to that.

The picture of *how* this all works forms quickly & clearly.

...even the blind could see it. ;^)

[jjmcgo]

Joseph Maioriello of Schenectady will now learn why so many other white former Democrats are now Republicans.
We don't believe in racism and can recognize it when we see it.

[HaveGunWillTravel]

What do they care? If the lawsuit is a winner, the state pays, they don't.

[NYFriend]

You also need to remember that right now the New York State Senate Minority has considerably less power than the Republican Senate Majority or the Democratic Assembly Majority. Right now, there is a growing Democratic base and a growing anti-incumbant sentiment in New York. The Senate Democrats are trying to win the Senate Majority in the next two elections (2006 or 2008) If they win, they'll probably keep it forever. I'm convinced Upstate New York will die from a lack of jobs, and the Suburbs with be taxed to death (more so than now), while the "long neglected" City of New York will get a lot of new money and every kind of development project the Dems can think of. If this guy's allegations are true, it suggests an attitude that "disadvantaged groups" (which is New York City in the big picture) should get preferential treatment at the expense of unsympathetic groups (Upstate which gets a lot of State Aid now, and the Suburbs, who can afford it).

[Nathan Zachary]

This was a dumb move on their part. If you want to get someone out of the way, you promote them or offer them a job that they can't refuse, then make it obsolete at a later time.
Not too bright those Democrats....

[geezerwheezer]

Whoever said the demorats were smart? This whole thing smells to the high heavens, and I hope the guy gets tons of cash from them as they played the "race card" and it should backfire on them. Democrat=Racist/Race Baiters. I hope when they pay him off they get "the picture!" (Man-o-man, I love to make puns!)

[bert]

The larger issue is why does the minority caucus need a photographer?

[Landru]

"The larger issue is why does the minority caucus need a photographer?"

For the same reason the majority (Republican) caucus [does], I'd imagine.

C'mon bert, for the lying pols, these are the times of their lives!
Photographs do, after all, preserve precious memories for all posterity.
Don'tcha think? {g}

Besides, bert.
Who cares why they need photogs, if the taxpayer's picking up the tab!

Gee bert, are you slipping?

...used to have a real 6th sense 'bout this stuff. ;^)

[RexFamilia]

"I resent this blatant attempt to replace diversity with fairness"

Joseph Doria NJ assemblyman (D)
currently mayor of Bayonne, NJ

[geezerwheezer]

That sounds like some of the dumbass politicians we have down here in Georgia-like Max Cleland & "Jimmy" (love them bucky beaver teeth) Carter!

[ForGod'sSake]

Ignore the chump starting $12,000 more -- the following day, no less!! :o) -- as the price of diversity in one gawd-awful screwed-up place.

Sortof smells up the joint don't it? Consider the newbie as maybe having some additional talents of his own, such as pimping.....which would obviously make him more valuable to the minority caucus than the tenured white dude ;^)

Concentrate on the *relationship* between the Liberal-Socialists & AP quisling that transcends the racial componenet.

Yeah, to be sure, but it sort of goes without saying they would already be on the same idealogical page, but we don't really know anything about the guy that got the boot either. He may have been a fire breathing liberal too. No, I suspect it's more a "color" thing, if one takes the story(which apparently has some merit) at face value. The fact they are all majoring in Socialism certainly couldn't hurt his cause though.

FGS