avicolli vs. string theory school

8/20/2019 Avicolli vs. String Theory School

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Case 2:15-cv-06488-SD Document 1 Filed 12/08/15 Page 1 of 38

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GAIL H. AVI COLLI, Ed.D

313 7 South 18th Street

Philadelphia. PA 19145

Plaintiff

V.

STRING THEORY SCHOOLS

1600 Vine Street

Three Franklin Plaza

Philadelphia. PA 19103

and

PHILADELPHIA PERFORMING ARTS

CHARTER SCHOOL

2600 South Broad Street

Philadelphia, PA 19145

and

ANGELA COROSANITE

1600 Vine Street

Three Franklin Plaza


Defendants

CIVIL ACTION

NO:

JURY TRIAL DEMANDED

COMPLAINT IN CIVIL ACTION

Plaintiff Gail H. Avicolli, Ed. D. ( Dr. Avicolli ), by and through her attorneys, Pozzuolo

Rodden, P C., hereby files her Complaint and jury demand against Defendants String Theory

Schools ( String Theory ), Philadelphia Performing Arts Charter School ( PP ACS ) and Angela

Corosanite, in her individual capacity ( Corosanite ) (hereinafter collectively Defendants ), and

in support thereof avers as follows:


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I

PRELIMINARY STATEMENT

1. This action is for claims arising from the employment discrimination, retaliation,

and unlawful termination of Plaintiff Dr. Avicolli by Defendants String Theory, PPACS under

the Age Discrimination in Employment Act of 1967, 29 U.S.C.

§

621 et seq., Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ( Title VII ); the Equal Pay Act

of 1963, as amended, 29 U.S.C.

§

206 and against all Defendants under the Pennsylvania Human

Relations Act, as amended, 43 Pa.C.S.

§

951 et seq. ( PHRA ), and Pennsylvania Equal Pay

Law, 43 P.S. §§ 336.1-336.10.

2. This Complaint seeks equitable and monetary relief for Dr. Avicolli, including,

but not limited to, back pay, front pay, benefits, attorney's fees, costs of this suit, compensatory

damages, liquidated damages, punitive damages, reinstatement, interest and all other legal and

equitable relief to which he is entitled for the denial by Defendants of Dr. Avicolli's right to

equal employment opportunity and unlawful employment practices by Defendant, including, but

not limited to:

a. Discrimination against Dr. A vicolli with respect to the terms, conditions, and

privileges of employment because she is a female, over 40 years of age;

b. Subjecting Dr. Avicolli to a hostile work environment based on her gender and

age;

c. Unlawful termination and retaliation against Dr. Avicolli with respect to the

terms, conditions, and privileges of employment for engaging in a protected activity covered

under the ADEA, Title VII and the PHRA; and

d. Paying male employees in the same or similar jobs more than Defendants paid Dr.

Avicolli.

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II P RTIES

3. Plaintiff Dr. Avicolli is an adult individual and resident of the Commonwealth of

Pennsylvania, residing at 3137 South 18th Street, Philadelphia, Pennsylvania 19145.

4. Upon information and belief, defendant String Theory is a corporation organized

and existing under the laws of the Commonwealth of Pennsylvania with a principal place of

business located at 1600 Vine Street, Three Franklin Plaza, Philadelphia, Pennsylvania 19103.

Upon information and belief, defendant String Theory owns and operates charter schools in the

City of Philadelphia financed by the School District of Philadelphia and School Reform

Commission.

5. Upon information and belief, defendant PPACS is a corporation organized and

existing under the laws of the Commonwealth of Pennsylvania with a principal place of business

located at 2600 South Broad Street, Philadelphia, Pennsylvania, 19145. Upon information and

belief, defendant PPACS operates four (4) charter schools in the City of Philadelphia and is

owned, operated and managed by defendant String Theory.

6. Upon information and belief, defendant Corosanite is an adult individual and

resident of the Commonwealth of Pennsylvania with an office and usual place of business

located at 1600 Vine Street, Three Franklin Plaza, Philadelphia, Pennsylvania 19103. Upon

information and belief, defendant Corosanite is the owner and operator of defendants String

Theory and PP ACS and is Chairman of the Board and controls the Board of Directors of both

companies.

7. At all times relevant hereto, defendant Corosanite was Dr. Avicolli s direct

supervisor.

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8. At all times relevant hereto, Defendant continuously conducted business in

Philadelphia, Philadelphia County, Pennsylvania and, upon infonnation and belief, had a least

fifteen (15) employees.

III. JURISDICTION AND VENUE

9. Jurisdiction of the United States District Court of the Eastern District of

Pennsylvania is invoked over this lawsuit pursuant to 28 U.S.C. §§ 1331, 1343, and 1367.

10. This Court has supplemental jurisdiction over Dr. Avicolli's state statutory claims

under the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq. and Pennsylvania's Equal

Pay Law, 43 P.S.

§§

336.1-336.10 because Dr. Avicolli's claims under the PHRA and Equal Pay

Law arise from the same facts and are related to Dr. Avicolli's ADEA and Title VII claims and

fall within the supplemental jurisdiction of this Court.

11. The unlawful employment practices of Defendants alleged by Dr. Avicolli were

committed in Philadelphia, Pennsylvania within the jurisdiction of the United States District

Court for the Eastern District of Pennsylvania and therefore, venue lies within the United States

District Court for the Eastern District of Pennsylvania pursuant to 28 U S.C. § 1391 b .

IV. PROCEDURAL PREREQUISITES

12. Dr. Avicolli has satisfied all conditions precedent to the commencement of this

lawsuit.

13. Specifically, on August 7, 2014, Dr. Avicolli dual-filed a timely charge of age

discrimination, sex discrimination, wrongful termination, hostile work environment, equal pay

violations and retaliation against Defendants with the Pennsylvania Human Relations

Commission ( PHRC ), which was dual-filed with United States Equal Employment

Opportunity Commission ( EEOC ).

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14. Dr. A vicolli claimed in her charge of discrimination that Defendants subjected her

to discrimination based on her age and sex creating a hostile work environment. Dr. Avicolli

further claimed that Defendants unlawfully terminated her employment in retaliation for

engaging in protected activity under ADEA, Title VII and the PHRA.

15. By letter dated September 30, 2015, the PHRC notified Dr. Avicolli that she had

the right to sue in Court on her claims of age discrimination, sex discrimination, wrongful

termination, hostile work environment and unlawful retaliation for engaging in protected activity

as set forth in her charge of discrimination.

16. By letter dated November 24, 2015, the EEOC issued Dr. Avicolli a Right to Sue

letter.

V. STATEMENT OF FACTS

A. Background of Dr. Avicolli s Employment with Defendants.

17. Dr. Avicolli began employment with Defendant PPACS in or about August 2005

when she was hired as Principal of defendant PP ACS by defendant Corosanite.

18. Dr. A vicolli is a career educator and began employment with defendant PP ACS

as Principal on or about August l, 2005 and served in the capacity as Principal up to and

including July 31, 2012.

19. On or about August 1, 2012, Dr. Avicolli was promoted to Superintendant and

Chief Academic Officer of Defendants schools

20. At the beginning of Dr. Avicolli s employment in 2005, defendant Corosanite

owned and operated one charter school - defendant PP ACS located in South Philadelphia at

2600 South Broad Street.


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21. Dr. A vicolli was hired by defendant Corosanite to expand enrollment, develop

curriculum, hire and train qualified teachers and to interact with teachers, students and parents.

22. Under Dr. Avicolli s leadership, Defendants more than tripled their enrollment

and substantially increased the funds they are paid from the School District of Philadelphia,

which includes state and federal funds.

23. By way of background, when Gail Avicolli was hired in August 2005, Defendants

had one elementary school with less than 450 students and for academic year 2013-2014,

Defendants had 1,200 elementary school students and had just opened a new high school in

Center City Philadelphia with an enrollment of 250 students for its first year of operation.

24. In 2012, Dr. Avicolli was voted by the public as South Philadelphia s Best

Principal by the readers of the South Philly Reviews

25. Dr. Avicolli is recognized in the community as a maverick in education and as the

driving force and the face of the Defendants.

26. Dr. Avicolli s employment with Defendants was terminated on June 30, 2014

when Defendants advised her that her position as Superintendent of Schools for defendants

String Theory and PP ACS was eliminated because of budget cuts as of June 30, 2014.

27. In or about July 1, 2012, Dr. Avicolli was promoted to Superintendent of Schools

and Chief Academic Officer of Defendants and continued to be employed in that capacity up to

and including the date of the wrongful termination of her employment on June 30, 2014.

28. On the date of her wrongful termination on June 30, 2014, Dr. Avicolli, female,

was sixty-seven (67) years old, date of birth, August 13, 1946.

29. Dr. Avicolli is a member of a protected class based on her age, over 40 years old

and sex, female.

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B. Defendant Corosanite Forms String Theory Schools.

30. Upon information and belief, in or about 2012 the Defendants formed String

Theory to manage PP ACS which was expanding by obtaining approval from the School District

of Philadelphia, School Reform Commission to open additional schools and to enroll additional

students.

31. Upon information and belief, defendant String Theory was set up as a

management company to insulate defendant Corosanite from liability for the day to day

operations of defendant PPACS and the other charter schools she later acquired and to change

the compensation and benefits of its executive administrative employees, namely Dr. Avicolli.

32. Defendant String Theory has approximately 15 employees and purposely and

intentionally provided less benefits to Dr. A vicolli compared to other administrative faculty and

staff, including the loss of pension contributions to the Public School Employees Retirement

System.

33. On or about June 30, 2012, defendant Corosanite and her counsel prepared a

resignation form for Dr. Avicolli to sign. Defendant Corosanite and her counsel told Dr. Avicolli

she had to sign the form in order to accept her promotion to Superintendant and Chief Academic

Officer.

34. Defendant Corosanite told Dr. A vicolli that by signing the resignation form she

would be helping defendant Corosanite and her schools by changing her retirement status with

the Pennsylvania State Employees Retirement System ( PSERS ) to save Defendants money in

contributions for Dr. A vicolli.

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35. Defendant Corosanite, who exercises complete control over Defendants, told Dr.

Avicolli everything with her pay and benefits would be the same and that defendants String

Theory and PPACS are and would continue to be one and the same entity.

36. Throughout her employment with Defendants, Dr. Avicolli s office was located at

PPACS at 2600 South Broad Street, Philadelphia, Pennsylvania up until her wrongful

termination on June 30, 2014 and she was provided no work space or office in the offices of

defendant String Theory.

C. Dr. Avicolli s Responsibilities and Employment Offer.

37. Dr. Avicolli was last offered employment with the Defendants for the term

beginning July 1, 2013 and ending on June 30, 2014. This time for the very first time, Dr.

Avicolli s employment offer did not include

a

written benefit package as part of the offer as it

had in prior years.

38. Previously, Dr. Avicolli received written employment contracts with the

Defendants for three (3) year terms which also set forth the salary and benefits included in Dr.

Avicolli s compensation package including a provision for severance pay in the event of

termination of the employment agreement.

39. As Superintendent of Schools and Chief Academic Officer, Dr. Avicolli was

responsible for the education, academics, and oversight of hundreds of students, teacher

recruitment and training, professional development for all of Defendants schools and

participated in board meetings as a non-voting member of the Board of Directors of Defendant

String Theory.

40. Specifically, Dr. Avicolli was responsible for the educational leadership of all of

Defendants schools including staffing, recruitment, and training high quality teachers and staff,

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curriculum, staff development, community relations, financing, and budget management for the

schools as well as a specific requirement that Dr. Avicolli be visible in the schools, aware of

current issues and activities in the schools, and show an interest in community affairs.

41. As such, Dr. Avicolli physically worked in the Defendants' schools on a daily

basis managing the overall operation and day to day operations of the schools and was generally

deemed the face of the schools and was a functioning employee of Defendants' schools.

42. On or after January 15, 2014, Defendants successfully completed their renewal

application with the School District of Philadelphia and obtained a renewal of their charter

school contract without academic condition for a second five (5) year term by the School District

of Philadelphia, School Reform Commission, although the Renewal Committee made findings

that Defendants were not operated by a neutral Board of Directors. The non-academic findings

by the Renewal Committee are well beyond the scope of Dr. Avicolli's responsibilities.

43. The Chairman of the Renewal Committee lauded Dr. Avicolli as instrumental and

an integral part of the success of defendants String Theory and PP ACS and deemed her the face

of the Defendants.

D. Dr. Avicolli's Requests the Same Benefits and Pension as Defendants'

Other Employees.

44. On or about February 3, 2014, Dr. Avicolli requested a meeting with the business

manager of the Defendants to discuss her employment contract and benefits and requested that

her next employment contract cover a three year term similar to past contracts and provide the

same benefits including pension contributions which Defendants paid to its teachers and staff of

Defendant PPACS.

45. Two other administrative employees both deemed employees of defendant String

Theory, both female and substantially younger than Dr. Avicolli, received approvals in response

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to their request that they each be provided with the same benefits including pension contributions

provided by Defendants to the teachers and staff of Defendants. One of these employees, Angela

Pulieo was promoted above Dr. Avicolli after Dr. Avicolli s request for the same treatment.

E. The Discrimination, Harassment and Demotion of Dr. Avicolli.

46. Shortly thereafter in early February 2014, the Defendants, by and through

defendant Corosanite, instituted a pattern of harassing, discriminatory and derogatory comments,

and behavior against Dr. Avicolli causing her extreme emotional distress and anxiety resulting in

physical and emotional ailments requiring Dr. Avicolli to seek medical treatment and emotional

care culminating

in

her hospitalization.

47. Defendant Corosanite is the Chairman of the Board of Directors of the

Defendants, founder of both companies and was Dr. Avicolli s direct supervisor at all times

relevant hereto.

48. Jason Corosanite, defendant Corosanite s son, is the Chief Operating Officer of

defendant String Theory and also participated in the harassment directed at Dr. A vicolli.

49. Beginning in or about early February 2014 (after the renewal of Defendants

charter for 5 more years), defendant Corosanite and her son Jason Corosanite began to engage in

a pattern of illegal and wrongful conduct against Dr. Avicolli based on her age and gender

designed to force Dr. A vicolli to resign her position as Superintendent and Chief Academic

Officer of Defendants.

50 When Dr. A vicolli did not resign due to the derogatory remarks and insulting

behavior, defendant Corosanite informed Dr. Avicolli publicly at a teachers meeting on February

17, 2014 that she was demoted from Superintendent of all schools to only the principal of the

fifth

and sixth grade.

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51. This demotion of Dr. A}Qcolli, publicly announced by defendant Corosanite on

February 17, 2014 at a staff meeting, rises to the level of a constructive discharge and retaliation

for requesting the same treatment as the other management level employees of Defendants.

52. Defendant Corosanite further advised Dr. A vicolli publicly at this staff meeting

on February 17, 2014 that Angela Pulieo, a 55 year old female, 12 years younger than Dr.

Avicolli, was promoted to Chief Executive Officer and Principal of grades K though 10 and that

Dr. Avicolli would now report to her.

53. Dr. A vicolli holds a Doctorate degree in Education and has extensive experience

in educational management including as deputy superintendent for the schools operated by the

Archdiocese of Philadelphia and as principal for a school district located in Southern New

Jersey.

54. Angela Pulieo, a 55 year old female, has a master s degree in education and, upon

information and belief, does not possess the credentials necessary to be certified as a

superintendent of schools in Pennsylvania.

55. By way of comparison, Dr. Avicolli has a doctorate degree in education,

curriculum and instruction and is certified by the Pennsylvania Department of Education as a

superintendent.

56. Dr. A vicolli always received outstanding performance reviews during her entire

employment with the Defendants, tripling the Defendants enrollment, and received excellent

evaluations from teachers, students and parents in addition to receiving approval for the

academic curriculum and programs she instituted from the School District of Philadelphia,

School Reform Commission.

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57. Beginning in January 2014 and continuing almost each and every day thereafter

up until March 3, 2014, defendant Corosanite berated Dr. Avicolli, including yelling and

screaming at Dr. Avicolli in front of teachers, staff, students and on occasion parents in her

attempt to force her to resign as Superintendent of Schools.

58. Several times in February and March 2014, including on February 17 and 19,

2014, defendant Corosanite made derogatory remarks to Dr. Avicolli about her age and

appearance in front of her subordinates stating: I know you weren't always so heavy, it was

change of life. You were thin when you were young.

59. Dr. Avicolli had some health issues, and when she explained her health issues,

defendant Corosanite chastised her on several occasions between February 17, 2014 and March

10, 2014 by stating: That is what happens when you get old.

60. Defendant Corosanite continuously berated, embarrassed and degraded Dr.

Avicolli, and frequently commented on Dr. Avicolli's age and weight, in front of her

subordinates, including teachers, staff and Dr. Avicolli's other subordinates at times reducing

Dr. Avicolli to tears, and routinely referred to Dr. Avicolli and called her the queen in front of

her subordinates, including staff and teachers.

61. Defendant Corosanite told Dr. Avicolli that her monthly health insurance

premium was very expensive due to her advancing age on February 19, 2014 and screamed and

shouted at her: Do you know how much your health insurance costs me because of your age.

Defendant Corosanite also screamed and shouted this same comment to Dr. A vicolli on several

other occasions between February 3, 2014 and February 19, 2014.

62. On or about the same time in mid-February 2014 after Dr. Avicolli requested the

same benefits provided to her subordinates, teachers and staff, defendant Corosanite notified Dr.

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Avicolli that she was changing the terms and conditions of Dr. Avicolli s employment.

Specifically, in or about mid February 2014, defendant Corosanite notified Dr. Avicolli that her

paid time off at Christmas break and Easter break as well as· other school holidays was

eliminated.

63. All other employees of Defendants were treated differently than Dr. Avicolli and

continued to have company paid time off at both Christmas break and Easter break and other

school holidays without any change in the terms and conditions of the employment of the other

employees, most of whom are younger than Dr. Avicolli.

64. Also, beginning on or about February 7, 2014 and continuing thereafter, Dr.

Avicolli was purposely and intentionally barred from management meetings, scheduling

meetings, teacher training and discussions of the overall operation of Defendants in which she

previously participated in as both Superintendent of Schools and formerly as Principal,

effectively divesting Dr. A vicolli of her job responsibilities and rendering her unable to perform

her job functions.

65. For the first time on February 19, 2014, Gail Avicolli discovered that defendant

Corosanite had caused Defendants to remove Dr. Avicolli and her husband from Defendants

health insurance plan, instead filing applications for COBRA benefits for her eighteen (18)

months before without her knowledge, consent, or approval.

66. Dr. Avicolli discovered this unauthorized action for the first time on February 19,

2014, when Dr. Avicolli s husband went to the pharmacy to pick up prescriptions and was

advised that they had no health insurance because it has been cancelled.

67. On February 19, 2014, when Dr. Avicolli discovered that her health insurance had

been replaced by COBRA eighteen (18) months before but had now terminated, she complained

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directly to defendant Corosanite who told her You are over 65 years old. Medicare is your

primary health insurance provider, not me. Everyone but you knows that COBRA only lasts for

18 months.''

68. Dr. Avicolli knows of no other employee of Defendants, executive,

administrative, staff or teacher, who was terminated from Defendants' health insurance plan and

placed on COBRA without his/her knowledge, consent, approval or application and told to seek

coverage from Medicare.

69. On February 19, 2014, Defendants asked Dr. Avicolli to complete new personnel

forms and was advised that her coverage under COBRA had in fact ended, despite the fact that

she never even knew she was receiving health insurance through COBRA.

70. Defendants further advised Dr. Avicolli on February 19, 2014 that the purpose of

the new personnel forms, in addition to providing health insurance coverage again, was to

provide Dr. A vicolli with the same benefits as all the other employees of Defendants including

pension contributions to the Public Schools Employees Retirement System ( PSERS ), and to

specifically define Dr. Avicolli as only an employee of Defendant PPACS.

71. On February 19, 2014, Dr. Avicolli further discovered that these new personnel

forms were related to the demotion and her new position as principal of only the fifth and sixth

grade students.

72. Dr. Avicolli thereafter complained to defendant Corosanite and her son that she

believed she was being intentionally demoted and discriminated against because of her age.

73. Beginning in January 2014 and continuing up until March 10, 2014 when Dr.

Avicolli went on sick leave, defendant Corosanite told Dr. Avicolli on numerous occasions: I do

not see your face or a person when I look at you, all I see is your age.

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74. Her son, Jason Corosanite also made this same comment several times to Dr.

'

Avicolli after February 17, 2014 and continuing through March 3, 2014 and told Dr. Avicolli that

his mother had a real issue with Dr. Avicolli's advancing age.

75. Jason Corosanite also told Dr. Avicolli almost every day from February 17, 2014

up to and including March 3, 2014 that Do you know how much your health insurance costs

me? The cost of your health insurance is taking money out of his pocket because of her age.

76. On February 27, 2014, when Dr. Avicolli asked for clarification of her position

with Defendants, defendant Corosanite yelled, screamed and berated Dr. Avicolli telling her

again that she was being demoted to the principal of the fifth and sixth grade only causing Dr.

Avicolli to become physically ill.

77. Dr. Avicolli advised defendant Corosanite on February 27, 2014 that her

screaming, yelling and harassing treatment of her was making her physically ill that she was

seeking medical treatment and would not be able to attend a school function scheduled for that

evemng.

78. On the evening of February 27, 2014 at the school function and where she knew

Dr. Avicolli was unable to attend, defendant Corosanite publicly humiliated Dr. A vicolli by

announcing to all present including faculty, staff, students and parents: Why is Dr. Avicolli not

here? Where is she? The queen should be here.

79. On February 28, 2014, defendant Corosanite held a meeting with Dr. Avicolli and

other administrative staff and teachers and again announced that Dr. A vicolli was being demoted

from Superintendant of all Schools and Chief Academic Officer to the principal of only the fifth

and sixth grades of Defendant PPACS.

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80. Beginning on March 3, 2014, Dr. Avicolli was on sick leave for a week due to

severe headaches and other stress related illnesses caused by the continued harassment she was

subjected to by the Defendants.

81. On March 12, 2014, Dr. Avicolli was hospitalized for severe headaches and other

stress related illnesses caused by the continued harassment she was subjected to by the

Defendants, specifically defendant Corosanite and her son, Jason Corosanite.

82. On or about March 12, 2014, Dr. Avicolli requested that she be placed on short

term disability and Family Medical Leave due to her stress related illness caused by defendant

Corosanite s and her son s discrimination and harassment creating a hostile work environment.

83. Dr. Avicolli s request was denied by Defendants who informed her that she was

employed by defendant String Theory, which defendant Corosanite claims had only thirteen (13)

employees, and not Defendant PPACS which has more than 75 employees, and therefore was not

eligible for benefits under the Family Medical Leave Act or for short term disability.

84. Dr. Avicolli had not received notice that her short term disability and other

benefits provided to Defendants other employees had been terminated.

85. Dr. Avicolli believes she is the only full time employee of the Defendants who

was denied Family Medical Leave Act benefits and short term disability benefits.

86. On or about March 14, 2014, while on medical leave, Dr. Avicolli received a

notice from the Public School Employees Retirement System that she had been placed on

retirement status by the Defendants.

87. On March 14, 2014, when Dr. Avicolli requested a copy of the personnel forms

she filled out on February 19, 2014 which reinstated her benefits including paid pension

contributions similar to the other administrative, faculty and staff employees, she was advised

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the Defendants destroyed the forms, which they claim were ripped up without her knowledge,

authorization or consent and that her request for benefit reinstatement was denied.

88. Dr. AvicolWs request for benefit reinstatement was denied even though

Defendants approved the exact same request for two other administrative employees, both

female and substantially younger than Gail Avicolli, in or about December 2013 and January

2014.

89. On or after February 19, 2014, Defendants or someone acting on Defendants'

behalf notified the Public School Employees Retirement System that Dr. Avicolli was in a retired

status and requested the resumption of her monthly retirement benefits, without Dr. Avicolffs

knowledge, consent and approval.

90. On April 8, 2014, by letter from her counsel to defendant Corosanite, Dr.

Avicolli placed Defendants on notice of her claims of unlawful discrimination and harassment.

91. To Dr. Avicolli's knowledge, no investigation of her claims was conducted by the

Defendants.

92. Instead, defendant Corosanite continued to make derogatory remarks about Dr.

A vicolli to administrators, faculty and staff referring to her as the queen on numerous

occasions in April and May 2014 and told them that Dr. Avicolli was suing her.''

F. Termination of Dr. Avicolli's Employment in Retaliation for

Engaging in Protected Activity

93. On or about June 19, 2014, Dr. Avicolli was cleared to return to work by her

doctors to finish the school year.

94. When Defendants were notified that Dr. Avicolli was cleared to return to work,

Defendants notified Dr. A vicolli in writing that her position as Superintendent of Schools was

eliminated as of June 30, 2014 for budgetary reasons and told her not return to work. A true and

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correct copy of the letter terminating Dr. Avicolli' s employment is attached hereto, made a part

hereof and marked Exhibit A .

95. No other offer of employment was made including the position of PrincipaJ for

the fifthand sixth grades which was publicly announced at the teachers meeting on February 17,

2014 and which was never officially withdrawn.

96. Dr. Avicolli continues to be treated for stress related disorders caused by

Defendants' discrimination and harassment and hostile work environment.

97. Dr. Avicolli believes that her position was eliminated and her employment was

terminated in retaliation for her complaints of unlawful discrimination and harassment and

request for reinstatement of benefits received by most other employees.

98. Upon information and belief, Defendants have continued to hire new employees

and create new administrative level positions despite Defendants' stated reason budget concerns

for termination of Dr. A vicolli' s employment.

99. For academic year 2013-2014, defendant Corosanite hired two (2) male

employees in executive roles for Defendants' schools.

100. Both of these male employees reported to Dr. A vicolli in the chain of command

and upon information and belief, both of these were paid salaries and benefits in excess of the

amounts Defendants paid to Dr. A vicolli.

COUNT I

VIOLATION OF THE AGE DISCRIMINATION IN EMPLOYMENT ACT

Dr. Avicolli v. Defendants String Theory Schools and Philadelphia Performing

Arts Charter School

101. Dr. Avicolli incorporates by reference the allegations set forth in paragraphs I

through 100 of her Complaint as if the same has been more fully set forth herein.

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I 02. The foregoing conduct by Defendants constitutes unlawful harassment and

discrimination against Dr. Avicolli on the basis of her age in violation of the Age Discrimination

in Employment Act of 1967, 29 U.S.C.

§

621, et seq ( ADEA'').

103. The aforesaid discriminatory treatment of Dr. Avicolli was the direct and

proximate result of Dr. A vicolli being a member of a protected class, over forty (40) years old, a

protected class under the ADEA.

104. Defendants' discriminatory and wrongful acts are willful, intentional, and

purposeful within the meaning of the ADEA and warrant the imposition of liquidated damages.

105. As a direct and proximate result of Defendant's violation of the ADEA, Dr.

Avicolli sustained permanent and irreparable harm, resulting in constructive discharge and the

loss of her employment, which caused her to sustain a loss of earnings, plus the value of certain

benefits, loss of earning capacity, plus back pay and front pay, past and future wages and interest

thereon, pension and retirement and other lost benefits, and attorneys fees and costs.

I 06. As a further direct result of the aforesaid unlawful discriminatory employment

practices engaged in by Defendants in violation of the ADEA, Dr. A vicolli suffered severe

emotional stress, embarrassment, humiliation, loss of reputation and loss of self-esteem.

WHEREFORE, Gail H. A vicolli, Ed.D most respectfully requests that this Honorable

Court enter judgment in her favor and against Defendants String Theory School and Philadelphia

Performing Arts Charters Schools, and Order that:

a. Defendant offers Dr. A vicolli a position with a rate of pay and other benefits of

employment, to which she would have been entitled, had she not been subjected to unlawful

discrimination;

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b.

Defendant compensates Dr. Avicolli with an award of front pay, back pay, past

and future wages, lost earning capacity, pension and retirement and other lost benefits;

c. Defendant compensates Dr. A vicolli for the wages and other benefits of

employment lost, because of its unlawful conduct;

d. Defendant pays punitive damages, liquidated damages, compensatory damages

for future pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment

and other non-pecuniary losses as allowable;

e. Defendant pays to Dr. A vicolli pre and post-judgment interest, costs of suit and

attorney and expert fees as allowed by law; and

f. Granting such other relief as this Court deems just and fair.

COUNT II

VIOLATION OF THE AGE DISCRIMINATION IN EMPLOYMENT ACT

HOSTILE WORK ENVIRONMENT


Arts Charter School

107. Dr. Avicolli incorporates by reference the allegations set forth in paragraphs I


108. The foregoing conduct by Defendants constitutes unlawful harassment and

discrimination creating a hostile work environment which was severe and pervasive against Dr.

A vicolli on the basis of her age in violation of the Age Discrimination in Employment Act of

1967, 29 U.S.C.

§

621,

et seq

( ADEA'').

109. The aforesaid discriminatory treatment and subjecting Dr. Avicolli to a hostile

work environment was the direct and proximate result of Dr. Avicolli being a member of a

protected class, over forty (40) years old, a protected class under the ADEA.

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r- 110. Defendants discriminatory and wrongful acts are willful, intentional, and

purposeful within the meaning of the ADEA and warrant the imposition of liquidated damages.

111. As a direct and proximate result of Defendant s violation of the ADEA, Dr.





112. As a further direct result of the aforesaid unlawful discriminatory employment

practices engaged in by Defendants in violation of the ADEA, Dr. A vicolli suffered severe


WHEREFORE, Gail H. Avicolli, Ed.D most respectfully requests that this Honorable



a. Defendant offers Dr. Avicolli a position with a rate of pay and other benefits of


discrimination;

b. Defendant compensates Dr. Avicolli with an award of front pay, back pay, past

and

future

wages, lost earning capacity, pension and retirement and other lost benefits;

c. Defendant compensates Dr. Avicolli for the wages and other benefits of


d. Defendant pays punitive damages, liquidated damages, compensatory damages

for

futurepecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment


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e.

Defendant pays to Dr. Avicolli pre and post-judgment interest, costs of suit and


f. Granting such other relief as this Court deems ust and fair.

COUNT III

VIOLATION OF TITLE VII-SEX DISCRIMINATION


Arts Charter School

113. Dr. Avicolli incorporates by reference the allegations set forth in paragraphs 1



discriminationagainst Dr. Avicolli on the basis of her sex, female, in violation of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e

et seq.

( Title VII ).

115. In addition, upon information and belief, two (2) male employees of Defendants

were paid salary and benefits in excess of amounts paid to Dr. Avicolli.

116. Both of these male employees of Defendants reported to Dr. Avicolli and were at

least equal or subordinate to her.

117. Upon information and belief, these two (2) male employees received overtime or

additional compensation for working evenings and summer in addition to their normal academic

year schedules while Defendants did not compensateDr. Avicolli for evenings and summer work

time.

118. Pursuant to Title VII, no employer, such as the Defendants, shall discriminate on

the basis of sex and pay employees of one sex lower wages than employees of the opposite sex

working in an equal or comparable position.

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119. In violation of Title VII, Dr. Avicolli was paid less than the two (2) male

employees in equal or subordinate employment positions with the Defendant, with one of these

male employees receiving a salary greater than Dr. Avicolli by at least Fifteen Thousand

( 15,000) Dollars per year.

120. These two (2) male employees are the only two (s) male management employees

of the Defendant and are the highest paid employees of Defendants other than defendant

Corosanite and her son.

121. The duties performed by these two (2) male employees are substantially similar to

Dr. AvicolWs duties and the performance of which require equal skill, effort and responsibility

under similar working conditions.

122. Upon information and belief, the difference in salary and compensation wages is

solely based upon Dr. AvicolWs sex, female.


proximate result of Dr. Avicolli being a member of a protected class, female, a protected class

under Title VII.


purposeful within the meaning of Title VII and warrant the imposition of liquidated damages.

125. As a direct and proximate result of Defendants' violation of Title VII, Dr.





23


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practices engaged n by Defendants in violation of Title VII Dr. Avicolli suffered severe

emotional stress embarrassment humiliation loss of reputation and loss of self-esteem.

WHEREFORE Gail H. Avicolli Ed.D most respectfully requests that this Honorable


PerformingArts Charters Schools and Order that:

a. Defendants offer Dr. Avicolli a position with a rate of pay and other benefits of

employment to which she would have been entitled had she not been subjected to unlawful

discrimination;

b. Defendants compensate Dr. Avicolli with an award of front pay back pay past

and future wages lost earning capacity pension and retirement and other lost benefits;

C.

Defendants compensate Dr. Avicolli for the wages and other benefits of

employment lost because of its unlawful conduct;

d. Defendants pay punitive damages liquidated damages compensatory damages

for future pecuniary losses pain suffering inconvenience mental anguish loss of employment


e. Defendants pay to Dr. Avicolli pre and post-judgment interest costs of suit and



COUNT IV

VIOLATION OF TITLE VII - HOSTILE WORK ENVIRONMENT


Arts Charter School

24


25/38


127. Dr. Avicolli incorporates by reference the allegations set forth in paragraphs 1



discrimination and creation of a hostile work environment which was severe and pervasive

against Dr. Avicolli on the basis of her sex, female, in violation of Title VII of the Civil Rights

Act of 1964, as amended, 42 U.S.C. § 2000e et seq. { Title VII ).


proximate result of Dr. Avicolli being a member of a protected class, female, a protected class

under Title VII.


purposeful within the meaning of Title VII and warrant the imposition of liquidated damages.

131. As a direct and proximate result of Defendants' violation of Title VII, Dr.






practices engaged in by Defendants in violation of Title VII, Dr. Avicolli suffered severe





25


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a.

Defendants offer Dr. A vicolli a position with a rate of pay and other benefits of


discrimination;

b. Defendants compensate Dr. Avicolli with an award of front pay, back pay, past


c. Defendants compensate Dr. Avicolli for the wages and other benefits of


d. Defendants pay punitive damages, liquidated damages, compensatory damages



e. Defendants pay to Dr. A vicolli pre and post-judgment interest, costs of suit and



COUNTY

VIOLATION OF EQUAL PAY ACT


Arts Charter School

133. Dr. Avicolli incorporates by reference the allegations set

orth

in paragraphs 1

through 132 of her Complaint as i the same has been more fully set

orth

herein.

134. Upon information and belief, two 2) male employees of Defendants were paid

salary and benefits in excess of amounts paid to Dr. Avicolli.

135. Both of these male employees of Defendants reported to Dr. Avicolli and were at

least equal or subordinate to her.

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136. Upon information and belief, these two (2) male employees received overtime or

additional compensation for working evenings and summer in addition to their normal academic

year schedules while Defendants did not compensate Dr. Avicolli for evenings and summer work

time.

137. Pursuant to the Equal Pay Act of 1963, as amended, 29 U.S.C.

§

201, et seq.

( EPA ), no employer, such as the Defendants, shall discriminate on the basis of sex and pay

employees of one sex lower wages than employees of the opposite sex working in an equal or

comparable position.

138. In violation of the EPA, Dr. A vicolli was paid less than the two (2) male

employees in equal or subordinate employment positions with the Defendant, with one of these

male employees receiving a salary greater than Dr. Avicolli by at least Fifteen Thousand

($15,000) Dollars per year.

139. These two (2) male employees are the only two (s) male management employees

of the Defendant and are the highest paid employees of Defendants other

th n

defendant


140. The duties performed by these two (2) male employees are substantially similar to

Dr. Avicolli's duties and the performance of which require equal skill, effort and responsibility

under similar working conditions.

141. Upon information and belief, the difference in salary and compensation wages is

solely based upon Dr. Avicolli's sex, female.

142. Dr. Avicolli prays that the Defendants be required· to provide all available

remedies to her under the Equal Pay Act including the difference between her pay and the two

(2) male employees.

27


28/38




Performing

rts

Charters Schools, and Order that:

a. Defendants pay Dr. Avicolli the difference between her salary, compensation and

benefits and the salary, compensation and benefits of the two (2) male employees in substantially

similar or comparable positions, plus pre and post-judgment interest, costs of suit and attorney

and expert fees as allowed by law; and

b. Granting such other relief as this Court deems just and fair.

COUNT VI

RETALIATION

VIOLATION OF ADEA fITLE VII AND EQUAL PAY ACT


Arts Charter School

143. Dr. Avicolli incorporates by reference her allegations set forth at Paragraphs 1

through 142 of her Complaint as if the same has been more fully set forth at length herein.

144. Dr. Avicolli was subjected to animosity and hostility and was subject to

constructive discharge and employment termination for engaging in protected activity and for

requesting the same or similar treatment as all other employees of Defendants

145. At all times material hereto, Defendants acted by and through its authorized

agents, servants, workers and/or employees, acting in the course and scope of their employment

with Defendant, in the furtherance of Defendant's business by retaliating against Dr. Avicolli for

engaging in protected activity which constitutes a violation of the ADEA, Title VII and EPA.

146. Dr. Avicolli engaged in protected activity under the ADEA, Title VII and the

EPA when she requested that she receive the same or similar compensation and benefits as all

other employees of the Defendants.

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29/38


147. In response, Dr. Avicolli was subjected to animosity, hostility, name calling and

constructive discharge.

148. In April 2014, Dr. Avicolli notified Defendants of her claim of discrimination and

disparate treatment based on age and sex.

149. On June 30, 2014, Dr. Avicolli suffered an adverse employment action when

Defendants terminated Dr. Avicolli s employment in retaliation for her engaging in protected

activity in violation of the ADEA, Title VII and EPA and asking for the same treatment as other

employees of Defendants ..

150. Dr. Avicolli s engaging in protected activity under the ADEA, Title VII and EPA

was the cause in fact of Defendants unlawfully terminating her employment and the reasons

given by Defendants are nothing more than pretext for unlawful discrimination.

151. Defendant s discriminatory and wrongful acts are willful, intentional, and

purposeful within the meaning of ADEA, Title VII and EPA and warrant the imposition of

liquidation damages.






discrimination;



29


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COUNT VII

VIOLATIONS OF PENNSYLVANIA HUMAN RELATIONS ACT

Dr. Avicolli against All Defendants

152. Dr. A vicolli incorporates by references the allegations set forth at Paragraphs 1

through 151 of her Complaint as if the same has been more fully set forth at length herein.

153. Dr. Avicolli reasserts and re-alleges each and every allegation and claim as set

forth at Counts 1 through VI of her Complaint, as all such actions constitute violation of the

Pennsylvania Human Relations Act PHRA }, as the PHRA contains the same protections as the

ADEA and Title VII and are interpreted identically under the jurisprudence of the Third Circuit.

154. Based upon the foregoing, Gail Avicolli alleges that the Defendants violated the

PHRA by discriminating against Dr. A vicolli based on her age, over forty ( 40) years old and sex,

demale, creating a hostile work environment causing severe and pervasive harm to Dr. Avicolli.

155. Based upon the foregoing, Dr. Avicolli further alleges that defendant Corosanite

aided, abetted, incited, compelled or coerced the unlawful discriminatory practices perpetrated

against Dr. Avicolli and is individually liable to Dr. Avicolli for violating the PHRA and by

creating a hostile work environment causing severe and pervasive harm to Dr. A vicolli.

30


31/38


156. All of these actions as aforesaid constitute violation and retaliation under the

PHRA.

157. Dr. Avicolli prays that Defendants and Angela Corosanite, in her individual

capacity, be required to provide all appropriate remedies to Dr. A vicolli under the PHRA.


Court enter judgment in her favor and against Defendants String Theory School, Philadelphia

Perfonning rts Charters Schools and Angela Corosanite, and Order that:



discrimination;











COUNT VIII

VIOLATION OF PENNSYLVANIA S EQUAL PAY LAW

Dr. Avicolli against all Defendants

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158. Dr. A vicolli incorporates by reference the allegations set forth in paragraphs 1


159. As stated above, upon information and belief, Dr. Avicolli was paid less in salary

than the salary paid to two male counterparts, both of whom reported to her and were

subordinate to her.

160. Pursuant to Pennsylvania's Equal Pay Laws, 43 P.S.

§§

336.1-336.10, no

employer, such as the Defendants, shall discriminate on the basis of sex and pay employees of

one sex lower wages than employees of the opposite sex working n an equal or comparable

position.

161. Dr. Avicolli was routinely paid less than the two male employees n equal or

subordinate employment positions with the Defendant, with one of these male employees

receiving a salary greater than Dr Avicolli by 15,000.

162. These two (2) male employees are the only two (2) male management employees

of the Defendant and are the highest paid employees of Defendants other than defendant


163. The duties performed by the two male employees are substantially similar to Gail

Avicolli's duties and the performance of which require equal skill, effort and responsibility under

similar working conditions.

164. Upon information and belief, the difference in wages is solely based upon Dr.

Avicolli's sex.

165. Based upon the foregoing, Dr. Avicolli alleges that the Defendants violated

Pennsylvania's Equal Pay Laws and Defendants should

be

required to provide all appropriate

remedies to Dr. Avicolli under Pennsylvania's Equal Pay Laws.

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WHEREFORE, Gail H. A vicolli, Ed.D most respectfully requests that this Honorable


Performing Arts Charters Schools and Angela Corosanite, and Order that:


benefits and the sal;iry, compensation and benefits of the two (2) male employees in substantially




Dated: December 4, 2015

33

Respectfully submitted,

POZZUOLO RODDEN, P.C.

BY:

slJudith P. Rodden

JUDITH P. RODDEN, ESQUIRE

2033 Walnut Street

Philadelphi~ PA 19103

Atty. Nos.: 87646

Telephone.: (215) 977-8200

Attorneys for Gail H. A vicolli, Ed.D


34/38




Perfonning Arts Charters Schools and Angela Corosanite, and Order that:


benefits and the salary, compensation and benefits of the two 2) male employees in substantially




Dated: December 4, 2015

33

Respectfully submitted,

POZZUOLO RODDEN, P.C.

BY~/

~~--


35/38


VERIFICATION

I Gail H. Avicolli Ed.D hereby verify that the facts contained in the Complaint are true

and correct to the best of my knowledge infonnation and belief. understand that false

statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom

falsifications o authorities.

Date:

It(/ -/ J~

~f/,~,z)JY.

GAILH.AVICOLLI

Ed.D


36/38

Case 2:15-cv-06488-SD Document 1 Filed 12/08/15 Page 36 of 38I

EXHIBIT A


37/38


The Law Offices of

Sand and Saidel P.C.

Comprised of

Richard M.

Sand,

Esq., Daniel H. Saidcl, Esq., Associates

113 South 21

51

Street


Telephone (215) 851-0200 Extension 3305

Fax: (215) 851-9990

Dr. Gail Avicolli

3137S. l 8t1

Street

Philadelphia,PA 19145

Re:

String Theory Schools

Dear Dr. Avicolli:

E-Mail: [email protected]

June 18, 2014

On June 9, 2014, the Board ofTrustees of String Theory Schools resolved that the

positionof Superintendentof Schools at String Theory Schoolswill be eliminated as of

the end of

String

Theory Schools June

30,

2014 fiscal year because the School Reform

Commissionof Philadelphiahas informed String Theory Schools that Philadelphia

PerfonningArts Charter School s request for

an

expansionof additional schools will be

deniedaspart of its charter renewal. Additionally, he Board of Trustees of String Theory

Schools s still awaiting information egarding fundingfrom the School Reform

Commissionof Philadelphia or PhiladelphiaPerformingArts Charter School during the

term ofits proposed charter renewal.

The Board of Trustees of String Theory Schools will honor its current obligations

underyour Offer of EmploymentAcknowledgementForm which expires on June 30,

2014. It

is mynderstanding hat you had intended

o

return to work beginning on June

19,2014 but that is not necessary. You willbe paidby String Theory Schools for the

time period beginning on June 19,2014 and ending on June 30, 2014 and you will

receiveyour final paycheckasper String Theory Schools normal payroll process.

String Theory Schools business controller

will

be contactingyou as to your

dispositionof benefits.

If

you need to

get

in touch

with

him,

the

contact information

is:

GeraldL. Santilli

Principal

Santilli Thomson

Four Greentree Centre

60 Route73 North

Suite 302

Marlton,NJ 08053-3408

[email protected]

856-505-1300 Office


38/38


• ·"

856-505-1301 ax www.saritillithomson.com

If you have.any personal itemsat the office that

you

want returned, please contact

me

on()rbefore

une 30, 2014.

Ori

or

before

une_~Q,.2014lease-rcturnto.myofficeall,ofString theory

Schools' r:opertyhatyou·have nyour possession.oronfrol;

ncluding

buf not limited

to a·cell hone,.iPad nd

.laptop

omputer. '

Very

truly

yours,

Daniel1 J.aide

By: united

States

P.ostOfficenext.daydelivery n.dre2ulat;mail

avicolli vs. string theory school

Documents