ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

In the Fall of 2004, Fiero rejected Bleadon on another front; Bleadon sought to enlist
Fiero to aid her in falsifying reports about two teachers that Bleadon disliked. Fiero claimed that
Bleadon explained that if he were to do this then she would be able to remove both of them from
the school. Fiero refused to participate in the activities. Shortly thereafter, Fiero claimed that
Bleadon retaliated against him for denial of her sexual innuendo and illegitimate personnel
documentation. Fiero claimed that Bleadon, among other things, insulted him in front of
colleagues and students, mandated duties outside of his job description, insulted his Italian
heritage, questioned his sexuality with co-workers, and reassigned him to another school against
his will after threatening to do so.
Fiero reported that the harassment and retaliation did not end following the reassignment
to West Side High School. He explained that Bleadon would call him often and ask if he was
“enjoying his new job” and if he was “ready to come back and behave.” Fiero, in August 2005,
reported the events to Sharon Burnett, Local Instructional Superintendent for District 75 and
direct supervisor of P12X. Burnett conveyed Fiero’s complaints to the Deputy Superintendent
and Superintendent of District 75. Burnett, very soon thereafter, informed Fiero that he was
being reassigned to P753X--a notoriously dangerous school. Fiero protested this reassignment as
well as the previous one claiming that neither were requested nor warranted.
In 2006, Fiero took a medical leave of absence claiming that the stress adduced from the
retaliation instigated by Bleadon caused him significant levels of distress. Fiero filed suit in the
Supreme Court of the State of New York, but the case was removed and delivered to the U.S.
District Court due to the numerous federal charges raised by Fiero. The defendants sought
dismissal of the case presented here.
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