Pregnancy Discrimination Trial, April 2015: Part 1
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Transcript of Pregnancy Discrimination Trial, April 2015: Part 1
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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK
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VERONIKA CHAUCA, :10-CV-5304(ENV)
Plaintiff :
-against- : United States CourthouseBrooklyn, New York
PARK MANAGEMENT SYSTEMS,LLC, et al., :
April 13, 2015Defendant. : 11:45 o'clock a.m.
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TRANSCRIPT OF TRIALBEFORE THE HONORABLE ERIC N. VITALIANOUNITED STATES DISTRICT JUDGE, and a jury.
APPEARANCES:
For the Plaintiff: LAW OFFICE OF ANNE DONNELLY BUSH8 Main StreetHastings-on-Hudson, NY 10706-1646
BY: ANNE DONNELLY BUSH, ESQ.
For the Defendants: ARTHUR H. FORMAN, ESQ.98-20 Metropolitan AvenueForest Hills, NY 11375
Court Reporter: Charleane M. Heading225 Cadman Plaza EastBrooklyn, New York(718) 613-2643
Proceedings recorded by mechanical stenography, transcriptproduced by computer-aided transcription.
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(In open court; outside the presence of the jury.)
THE CLERK: Case on the calendar is Chauca versus
Park Management LLC, case number 10-CV-5304, on for a jury
trial.
Will the attorneys please note their appearance
beginning with plaintiff's counsel.
MS. BUSH: Anne Donnelly Bush for the plaintiff
Veronika Chauca.
THE COURT: Good morning.
MR. FORMAN: Good morning. Arthur H. Forman for the
defendants.
THE COURT: Good morning.
Do we have housekeeping from counsel? The jury is
in the jury room.
MR. FORMAN: I just have, I have a copy of a
transcript I might be using for Veronika Chauca and a copy of
my trial exhibits.
THE COURT: Anything from you, Ms. Bush?
MS. BUSH: Just one exhibit for Ms. Chauca.
THE COURT: Here is what I propose to do since we
are this late. We certainly have Ms. Chauca's unexpected
run-in with a truck this morning. What we will do is, given
the hour, we will, unless this goes exceedingly fast, we will
just do my preliminary instructions to the jury and the
opening statements. Everybody has an opening statement.
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MR. FORMAN: Yes, I do.
MS. BUSH: Yes.
THE COURT: I am assuming. Okay.
Then we will do that. And should it really go like
a hot knife through butter, I might consider, I will meet with
counsel at side bar, but I probably would take the lunch break
and then come back and start fresh after lunch, because the
jury, obviously, has been here since before 10. So I am sure
they are chomping at the bit.
If there is nothing else, we will bring the jury in.
MR. FORMAN: Judge, is there any assistance that
Dr. Abraham can have for hearing?
THE COURT: In what sense, Mr. Forman?
MR. FORMAN: Is there any sort of devices for the
courtroom?
THE COURT: Other than the mic.
MR. FORMAN: Okay.
THE COURT: That I am aware of. Maybe William is
aware of things that I am not aware of. It is all amplified.
Sometimes we get a lot of feedback, but for the most part, it
works.
MR. FORMAN: The other thing, Your Honor, is I
believe that there's a witness in the courtroom. I would ask
that --
THE COURT: Yes. All witnesses, other than,
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Jury Instructions
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obviously, the parties should be excluded.
MS. BUSH: There's no witnesses.
MR. FORMAN: Okay.
(Jury enters.)
THE COURT: Counsel stipulate that the jury is
present, properly seated and is satisfactory?
MS. BUSH: Yes.
MR. FORMAN: And for the defendant, we do.
THE COURT: Ladies and gentlemen, good morning. I
am Judge Eric Vitaliano. I will be privileged to preside over
this trial and I am going to ask our deputy William to swear
you in as jurors. Take the oath and respond.
THE CLERK: Raise your right hands.
(Jury sworn.)
THE CLERK: Thank you.
THE COURT: The jury has been sworn.
Ladies and gentlemen, we want to first of all not
only appreciate your service, but to apologize for the delay.
There are circumstances that are beyond our control. I want
to assure you, however, of our, and I mean all of us, our
commitment to try to make your stay as brief as possible, not
only overall, but during any day. If there are times when we
can excuse you early or there is still going to be things that
sometimes the lawyers and the judge do alone, we will do that.
We will try to give you as much notice about that as we can.
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Jury Instructions
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Everybody else can be seated.
As you might imagine, there are certain
contingencies that arise that prevent us from doing things
according to the schedule, that we plan to do them and so we
will apologize in advance, apologize retroactively and
prospectively for those kinds of delays.
Now, I first, again, want to congratulate you also.
America does its justice a little different than a lot of
places. We rely on ordinary people to make some of the most
important decisions both in civil cases like this one and
criminal cases as well.
Other countries that we would believe and denote as
democratic and free oftentimes rely exclusively on judges. So
we rely on ordinary people. So what that means is that our
justice system, the things that our flag stands for, the
things that our men and women have fought wars about are
reliant on people like you who are willing to put aside their
own business and accept service on a jury and make the system
work.
The system does not work without people doing
exactly what you are doing and I tell every jury, whether it
is in a civil case like this one or a criminal case the same,
that other than putting on a uniform and defending your
country in a time of war, there is no greater act of
citizenship and patriotism than to put aside your own personal
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and business of work, put that aside and come and serve as a
juror. So we congratulate you on that.
Now, I am going to ask through my deputy clerk of
court and my law clerk, Amanda Elbogen, we are going to give
you some preliminary instructions before the trial actually
unfolds.
THE LAW CLERK: Members of the jury, we are about to
start the trial of this case about which you have heard some
details by Chief Magistrate Gold for jury selection. Before
the trial begins, however, there are certain instructions you
should have in order to understand what you will hear and see
and how you should conduct yourself during trial.
The plaintiff, Veronika Chauca, brings this action
against the defendants, Park Management Center, LLC, also
known as Park Health Center, Dr. Jamil Abraham and Ann Marie
Garriques, under the Pregnancy Discrimination Act of 1978 and
amendment to Title VII of the Civil Rights Act of 1964, the
New York State Human Rights Law and the New York City Human
Rights Law.
Plaintiff claims the defendants unlawfully
discriminated against her when they failed to reinstate her
employment following her maternity leave. The defendants
claim they did so for nondiscriminatory, legitimate business
reasons.
At the close of the case, I will give you detailed
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instructions about what the plaintiff must prove to establish
her claim and other applicable principles of law and those
instructions will control your deliberations and decisions.
But in order to help you follow the evidence, I will now give
you a brief summary of the elements which plaintiff must prove
to make her case.
To prevail on her claim that she was discriminated
against in violation of the Pregnancy Discrimination Act and
Title VII, plaintiff must prove two things to you by a
preponderance of the evidence. First, that the defendant,
Park Health Center, took an adverse employment action against
her. Second, that plaintiff's pregnancy was a motivating
factor in the defendants's action. Other factors may also
have been at play, but a motivating factor is one that plays
some part in the defendants's employment decision or practice.
The standard under New York State law is the same,
but it additionally allows Ms. Chauca to sue individual
defendants, here, Dr. Jamil Abraham and Ann Marie Garriques.
The standard under New York City law, which has a different
formulation not relevant here, still allows Chauca to prevail
on her discrimination claim if she can show that her pregnancy
was a motivating factor in the defendants's decision not to
reinstate her. It also permits Chauca to sue individual
defendants.
When I have completed these opening instructions to
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you, the attorneys will make opening statements to you in
which each will outline for you what he or she expects to
prove. The purpose of such opening statements is to tell you
about each parties's contentions so that you will have a
better understanding of the evidence as it is introduced.
What is said in such opening statements is not evidence. The
evidence upon which you will base your decision will come from
the testimony of witnesses here in court, or in the
transcripts or depositions taken before trial, or in the form
of photographs, documents or other exhibits received in
evidence, or facts stipulated to by the parties, or noticed by
the court as uncontested.
Plaintiff makes an opening statement first and is
followed by defendant. After the opening statements,
plaintiff will introduce evidence in support of her claim.
Upon completion of the introduction of evidence, the
attorneys will again speak to you in a closing statement or
summation. In summing up, the lawyers will point out what
they believe the evidence has shown, what inferences or
conclusions they believe you should draw from the evidence and
what conclusions they believe you should reach as your
verdict.
What is said by the attorneys in summation, like
what is said by them in their opening statements or in the
making of objections or motions during the trial, is not
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evidence. Summations are intended to present the arguments of
the parties based on the evidence. Under our system, the
defendant sums up first, followed by the plaintiff.
After the summations, I will instruct you on the
rules of law applicable to the case and you will then retire
for your deliberations. Your function as jurors is to decide
what has or has not been proved, and apply the rules of law
that I give you to the facts as you find them to be.
The decision you reach will be your verdict. Your
decision will be based on the evidence admitted before you
during the trial. You are the sole and exclusive judges of
the facts, and nothing I say or do should be taken by you as
any indication of my opinion as to the facts.
As to the facts, neither I nor anyone else may
invade your area of responsibility. I will preside
impartially and not express any opinion concerning the facts.
Any opinions of mine on the facts would, in any event, be
totally irrelevant because the facts are for you to decide.
On the other hand, and with equal emphasis, I
instruct you that in accordance with the oath you took as
jurors, you are required to accept the rules of law that I
give you, whether you agree with them or not. You are not to
ask anyone else about the law. You should not consider or
accept any advice about the law from anyone else but me.
The evidence from which you will find the facts will
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consist of the testimony of witnesses, documents and other
things received into the record as exhibits, and any facts
that the lawyers agree to or stipulate to or that the Court
may instruct you to find.
After plaintiff has completed the introduction of
all her evidence, defendants may present witnesses and
exhibits. If they do so, plaintiff may be permitted to offer
additional evidence for the purpose of rebutting the
defendants's evidence.
Each witness is first examined by the party who
calls that witness to testify and then the opening party,
sorry, and then the opposing party is permitted to question
the witness. Certain things are not evidence and must not be
considered by you. I will list them for you now.
Statements, arguments and questions by lawyers are
not evidence. Questions put to the witnesses are not
evidence. It is the question, combined with the answer, that
is evidence. In addition to the lawyers's questions, I
occasionally may have asked questions for purposes of
clarification. Please do not assume that the questions are
evidence or that I hold any opinion on the matters to which
any questions may relate. Those questions are asked solely in
an effort or attempt to make something clearer.
Objections to questions are not evidence. Lawyers
have an obligation to their clients to make objections when
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they believe evidence being offered is improper under the
rules of evidence. You should not be influenced by the
objection or by the Court's ruling on it. If the objection is
sustained, ignore the question. If it is overruled, treat the
answer like any other.
If you are instructed that some item of evidence is
received for a limited purpose only, you must follow that
instruction. Testimony that the Court has excluded or told
you to disregard is not evidence and must not be considered.
Anything you may have seen or heard outside the courtroom is
not evidence and must be disregarded. You are to decide the
case solely on the evidence presented here in the courtroom.
There are two kinds of evidence, direct and
circumstantial. Direct evidence is direct proof of a fact
such as testimony of an eyewitness. Circumstantial evidence
is proof of facts from which you may infer or conclude that
other facts exist. I will give you further instructions on
these as well as other matters at the end of the case, but
keep in mind that you may consider both kinds of evidence.
The law does not, however, require you to accept all
of the evidence I shall admit. In deciding what evidence you
will accept, you must make your own evaluation of the
testimony given by each of the witnesses and decide how much
weight you choose to give to that testimony. The testimony of
a witness may not conform to the facts as they occurred
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because he or she is intentionally lying, because the witness
did not accurately see or hear what he or she is testifying
about because the witnesses's recollection is faulty, or
because the witness has not expressed himself or herself
clearly in testifying. There is no magical formula by which
you evaluate testimony. You bring with you to this courtroom
all of the experience and background of your lives.
In your every day affairs, you decide for yourselves
the reliability or unreliability of things people tell you.
The same tests that you use in your every day dealings are the
tests which you apply in your deliberations. The interest or
lack of interest of any witness in the outcome of this case,
the bias or prejudice of a witness, if there be any, the
appearance, the manner in which the witness gives testimony on
the stand, the opportunity that the witness had to observe the
facts about which he or she testifies, the probability or
improbability of the witnesses's testimony when considered in
light of all of the other evidence in the case, are all items
to be considered by you in deciding how much weight, if any,
you will give to that witness's testimony.
If it appears that there is a discrepancy in the
evidence, you will have to consider whether the apparent
discrepancy can be reconciled by fitting the two stories
together. If, however, that is not possible, you will then
have to decide which of the conflicting stories you will
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accept.
This is a civil case and as such, the plaintiff has
the burden of proving the material allegations of her
complaint by a preponderance of the evidence. That means the
plaintiff has to produce evidence which, considered in the
light of all the facts, leads you to believe that what the
plaintiff claims is more likely true than not.
Those of you who have sat on criminal cases will
have heard of proof beyond a reasonable doubt. That
requirement does not apply in a civil case. Therefore, you
should put it out of your mind.
If, after considering all of the testimony, you are
satisfied that the plaintiff has carried her burden on each
essential point as to which she has the burden of proof, then
you must find for the plaintiff on her claims. If, after such
consideration, you find the testimony of both parties to be in
balance or equally probable, then the plaintiff has failed to
sustain her burden and you must find for the defendant.
If, upon the consideration of all the facts on the
issue of whether defendants discriminated against plaintiff,
you find that the plaintiff has failed to sustain her burden
of proof, then you should proceed no further and your verdict
must be for the defendants. If, however, you find that the
plaintiff has sustained the burden on this issue, then you
should proceed to consider the issue of whether defendant had
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a legitimate business reason to act as they did.
In this regard, the burden is on the defendant to
establish the affirmative defense of a legitimate business
purpose. If you determine that the defendants have sustained
their burden of establishing the affirmative defense, then you
should proceed no further and your verdict must be for the
defendant.
If, however, you find that the plaintiff has
established the essential elements of her case and that the
defendants have not sustained their burden of the affirmative
defense, then you should proceed to consider the issue of
damages.
The purpose of the rules I have outlined for you is
to make sure that a just result is reached when you decide the
case. For the same purpose, you should keep in mind several
rules governing your own conduct during any recess, that is,
at any time you are not in the courtroom.
During the course of this trial, do not visit or go
by any location identified in testimony or documents. Also,
do not try to do any research or make any investigation on
your own about the case or any individuals or entities
involved in the case.
Do not read, listen or watch any accounts of this
case should it be covered by any media. Please do not discuss
the case either among yourselves or with anyone else during
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the course of the trial. In fairness to the parties to this
lawsuit, you should keep an open mind throughout the trial,
reaching your conclusion only during your final deliberations
after all the evidence is in and you have heard the attorneys'
summations, and my instructions to you on the law, and then
only after an interchange of views with the other members of
the jury.
Please do not permit any person to discuss this case
in your presence, and if anyone does so, despite your telling
the person not to, report that to me as soon as you are able.
You should not, however, discuss with your fellow jurors
either that fact or any other fact you feel necessary to bring
to my attention.
Although it is a normal human tendency to talk to
people with whom one comes in contact, please do not, during
the time you serve on this jury, talk whether in or out of the
courtroom with any of the parties or their attorneys or any
witness. By this, I mean not only do not talk about the case,
but do not talk to them at all, even to pass the time of day.
In no other way can all parties be assured of the absolute
impartiality they are entitled to expect from you as jurors.
The description of trial procedure, the rules
governing your conduct and the legal principles I have
discussed with you will, I believe, make it easier for you to
understand the trial as it goes on and to reach a just result
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Openings - Bush
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at its conclusion.
We will now proceed with the next step in the trial,
which is the opening statement by the attorney for the
plaintiff.
THE COURT: Thank you, Ms. Elbogen.
All right. Ladies and gentlemen, we have completed
the first building block and we are now going to begin on the
next building block which is the set of opening statements.
Under our rules, the plaintiff proceeds first and can be
followed by the defendant.
So I call on Ms. Anne Bush, attorney for the
plaintiffs.
MS. BUSH: This is a case about pregnancy
discrimination. Plaintiff lost her job without notice while
she was out on maternity leave, and we will prove today that
she was fired from her job and that she was fired because she
was on maternity leave.
May it please the Court, Judge Vitaliano,
Mr. Forman, and ladies and gentlemen of the jury. The case
that the plaintiff will present today is compelling. She
worked for the defendants for three years as a physical
therapy aid. She got pregnant in 2009 and just about as she's
about to return back from maternity leave, she was fired by
the defendants. I represent the plaintiff, Veronika Chauca.
Opening statement is my chance to show and the
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defendant counsel's chance to show what we think will be
proved in this case, and after you've seen all the evidence,
after you have heard from all the witnesses, after you have
seen all the exhibits, we'll speak to you again at the end of
the case in the summation.
Ladies and gentlemen, what do we expect to show in
this case? Well, the plaintiff expects to prove that she was
fired because she took maternity leave, that she was replaced
by a co-worker, and that the defendants had a pattern and
practice of firing other female employees while they were out
on maternity leave.
So we will expect to show that Veronika was fired.
Why was she fired? She was a good employee. She had been
working for the defendants for three years. She was a
certified physical therapy aid and she trained other
employees.
In 2009, in January, she got pregnant for the first
time at the age of 38. It was her first pregnancy and it's
produced her one and only child, Joshua.
Now, she was quite nervous about telling her
employers she was pregnant and she was taking maternity leave
because, as she will testify, she's previously witnessed them
try to fire other employees while they were out on maternity
leave. So Veronika was very careful to make sure she gave
written notice to her employers of her pregnancy, and she
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wrote them a letter, and you will see the letter as an exhibit
in this case, and she told them that she would be taking
maternity leave and she would be returning in November.
Plaintiff's child was born in September 2009 and as
any new mother, she was thrilled to be, to have a baby,
however, when it came to returning to work, she called her
supervisor, Ms. Garriques, and her supervisor told her your
services are no longer needed. The plaintiff will testify
that she was fired from her employment just as she was about
to return from maternity leave.
The plaintiff tried to get her job back. She called
them in December and she called them again in January and in
February, and she called and she called and they would not
return her calls. And she never, in fact, got her job back.
The plaintiff became very depressed. She had a new
baby, she had no job. It was three weeks before the Christmas
holidays. She was so depressed that she went to see her
doctor and her doctor prescribed her sleeping pills and muscle
relaxants, and she began to get severe headaches, and Veronika
was referred to a neurologist because of her headaches. She
had MRIs and different scans, but they couldn't find anything
other than stress.
The second thing we expect the evidence to show is
that Veronika was replaced. She was replaced by a co-worker
named Debra. Her position was never eliminated. It was never
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downsized. Her duties of the job remained the same, but the
job was given, lock, stock and barrel, to Debra by the
defendants.
We also expect to show that the defendants had a
pattern and practice of discrimination, and you will hear
plaintiff testify and the plaintiff's witnesses testify that
they had seen the defendants try to fire other women after
maternity leave.
Now, this case doesn't have a smoking gun. There is
no comments that have been made about Veronika's pregnancy and
Veronika will testify that she, that the defendants will claim
that she was fired for other reasons, for non-discriminatory
reasons. The defendants will claim that they fired her
because business was slowing down and because there had been
layoffs, and that staff were having their hours cut; however,
as you will see, the defendants have never produced one piece
of evidence to show that their business was slowing down, and
in fact, the only person who was laid off from the physical
therapy department was the plaintiff.
We also expect that the defendants will claim that
Veronika did not return any calls, did not call the defendants
after she, after the 2nd of December when she was fired, but
Veronika will testify that she did call and she called, but
they didn't return her calls.
In sum, ladies and gentlemen, the evidence will show
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Opening Statement - Mr. Forman
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that my client was fired because she was out on maternity
leave, that she was replaced by a co-worker, and that the
defendants had a pattern and practice of pregnancy
discrimination.
We also intend to show that the reasons given by
defendants for letting plaintiff go are pretext. They're
simply not true. And the real reason she was fired was
because she took maternity leave.
Now, the defendants expected Veronika to walk away
quietly, but she didn't, and that's why she's here today.
She's trying to fight for justice.
Ladies and gentlemen, we ask you to listen very
carefully to all the evidence and assess the credibility of
the witnesses, and I'm confident that you'll see that the real
reason she was fired was because she went out on maternity
leave.
Now, Veronika has been harmed. She was, she
suffered from depression, she was stressed, she had to seek
medical advice, and because she has been harmed, she should be
awarded damages.
At the end of the case, I'll speak to you again in
summation and I will be asking you for justice for Veronika in
this case, and I'll be asking you to return a verdict for the
plaintiff.
Thank you.
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Openings - Forman
CMH OCR RMR CRR FCRR
21
THE COURT: Thank you, Ms. Bush.
Arthur Forman will make an opening statement for the
defendants.
Mr. Forman.
MR. FORMAN: Your Honor, members of the jury. This
case is not about an employer treating an employee badly.
There's no law against that. The law is that you cannot
discriminate against employees because they're female. A part
of this case is also about gender discrimination and you
cannot discriminate against employees because they become
pregnant.
The plaintiff is suing for pregnancy discrimination
and gender discrimination. She's claiming that Park Health
Center and the two named defendants did not want to take her
back after she was on maternity leave because she had given
birth and taken time off, but there will be no proof that Park
Health Center does not want employees who are pregnant working
for them. There will be no proof that plaintiff's being
pregnant interfered with their business. Rather, the proof
will show that plaintiff took advantage of the fact that she
was pregnant while she was at work, so that she could stay
home with her newborn rather than come back to work, collect
unemployment, and sue Park Health Center for tens of thousands
of dollars.
Now, there's no direct proof that the defendant Park
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Openings - Forman
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22
Health Center or any of the individual defendants ever said
anything bad about employees being pregnant to anyone, but
there's lots of proof that they were fine with employees being
young, female, giving birth, leaving for a time to give birth
and coming back to work.
In fact, the plaintiff was a physical therapy aid,
worked with two other female employees, Debra and Jackie, both
of them gave birth around the same time as the plaintiff and
they are still there now. Plus, Park Health Center, of
course, has many female and young female patients. They get a
lot of income from young females around that age and pregnant,
and there's no reason why anybody at Park Health Center would
be embarrassed about any of the workers showing that they're
pregnant. Many of their patients are new mothers or potential
mothers and they do a lot of community outreach for young
mothers, mammograms, and for children they give scholarships.
The two individual plaintiffs, Dr. Jamil Abraham has
never been sued before for any type of discrimination,
although he's been at Park Health Center for many, many years.
(Continued on next page.)
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Opening Statement - Forman
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(continuing)
MR. FORMAN: Annmarie Garriques has worked at Park
Health Center also for many years, not only has never been
sued before for any type of discrimination, she herself was a
single working mother all her life.
There are three incidents that will be key in this
case. The first one will be a conversation with Dr. Jamil
Abraham and the plaintiff when the plaintiff claims that she
asked -- when she advises Dr. Abraham she will be taking off
for her pregnancy, that she's pregnant, and that in two months
she will be leaving with her pregnancy.
There will be no proof that after Dr. Jamil Abraham
knew that he was pregnant, that he took any adverse action
against her while she was still there at work. There was no
discussions about what day she wants to leave, whether she can
have three months to take off, whether she has to stay longer
than the time she wants to leave. Dr. Jamil Abraham was very
happy for her and whatever time she wanted, he said that would
be okay.
The second conversation is when the plaintiff wants
to return to work, that's around Thanksgiving, and she claims
that she talked to Annmarie Garriques and that Annmarie told
her in no uncertain terms that she was fired. The interesting
thing is that the conversation with Dr. Abraham, when
Dr. Abraham said everything was fine, take whatever time you
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Opening Statement - Forman
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need, the interesting thing is that the plaintiff
tape-recorded that entire conversation. The other interesting
thing is that when she claims that when Annmarie told her we
don't need you anymore, you're fired, that conversation was
not recorded. And you will hear testimony Annmarie, she never
told the plaintiff she was fired. Annmarie told her things
have slowed down in the physical therapy department, we're
fully staffed and keep in touch with us, we'd like to have you
back.
The third interesting incident is when the plaintiff
applies for Unemployment. She receives her Unemployment for
about a year-and-a-half, up until the time she gets another
job. So, for all that time, until she found another job, she
did receive Unemployment and was able to stay home with her
newborn.
Now, plaintiff will be asking you to punish the
defendants for what she alleges they did, for treating her
badly because of her pregnancy and that way, you will hear
that other employers and the Park Health Center will be
deterred from doing such things again in the future, but the
defendants will be respectfully asking you not to reward
Ms. Chauca for suing them. The defendants will show that
Ms. Chauca took advantage of her being pregnant when there was
no reason to believe that the Park Health Center, Dr. Jamil
Abraham or Annmarie Garriques had any ulterior motive or bad
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Opening Statement - Forman
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feelings about any employees who became pregnant at their
health center. Thank you.
THE COURT: Thank you, Mr. Forman.
Ms. Bush, are you ready to call your first witness?
MS. BUSH: I would like to call the plaintiff,
Veronika Chauca.
THE COURTROOM DEPUTY: Please raise your right hand.
(Continued on following page.)
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Chauca - direct - Bush
VB OCR CRR
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V E R O N I K A C H A U C A,
called by The Plaintiff, having been
first duly sworn, was examined and testified
as follows:
THE COURTROOM DEPUTY: Please state your first and
last name spell.
THE WITNESS: Veronika Chauca -- V-E-R-O-N-I-K-A
C-H-A-U-C-A.
THE COURTROOM DEPUTY: Thank you, have a seat.
THE COURT: Ms. Bush, you may inquire.
DIRECT EXAMINATION
BY MS. BUSH:
Q Good morning, Ms. Chauca.
A Good morning.
Q Please, can you state your full name for the Court?
A Yes, Veronika Rosario Chauca.
Q How old are you?
A Forty-four.
Q What is your date of birth?
A January 12, 1971.
Q Where were you born?
A Peru.
Q When did you come to the USA?
A When I was six years old. I think it was '76, '77.
Sorry, '76, 1976.
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Chauca - direct - Bush
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27
Q Where did you live when you came here?
A Our first house was in 138th Street and 91st Avenue and
Jamaica Avenue, Queens, New York.
Q And after that?
A After that, we moved to 117-19 93rd Avenue on
Jamaica Avenue also, in Queens.
Q Where do you live today?
A I live in New Jersey, 2115 Meadow Place, Linden,
New Jersey.
Q How long have you lived in New Jersey?
A About almost two years. It's going to be two years,
actually. Since October of 2013.
Q Who do you live with in New Jersey?
A My fiance and my son.
Q What is the name of your son?
A Joshua Carbonel (phonetic).
Q How old is he?
A Five.
Q What was his date of birth?
A September 9th -- September 2009.
Q Is he your only child?
A Yes.
Q Can you please tell the Court your educational
background?
A My public school, I went to IS -- I'm sorry, public
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Chauca - direct - Bush
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school, I'm sorry, PS 82 on Jamaica Avenue and 130th Street in
Queens. Then I went to junior high school, which was Susan B.
Anthony on 180th Street and Hillside Avenue in Jamaica. And I
went to Hill Crest High School, which is located on Parsons
Boulevard, Hillside Avenue, Jamaica.
Q Did you graduate from high school?
A No, I didn't. I actually left when I was in the ending
of my 10th grade and I went to satellite, which was on
165th Street to get my GED from there.
Q When did you get your GED?
A It was 1991, yeah, 1991.
Q Do you have any further qualifications or certifications?
A I went to Medical Universal School for physical therapy
aide and CPR.
Q When was that?
A That was in 2003, yeah, around 2003.
Q Can you tell us about your physical therapy aide course?
A Yes. I, it's basically to assist the physical therapist,
it's usually physical therapist, physical therapist assistant
and then the aide. Mainly as to set up the rooms for the
physical therapist, make sure all the rooms are set up for
them, assist them in doing exercise, do the exercise with
them, transporting patients from one place to another,
applying heat and cool packs or paraffin bath on hands or feet
or if they have Whirlpools or usually pool, we assist them
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Chauca - direct - Bush
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29
with that.
Q Can you please tell the Court your job history, your
employment history?
A When I was in high school my first job was Dr. Jay's. I
used to go to school and after high school, I went to work in
Be-Bop, which was after school. From there, after I left
school, I went to J & J Auto Wreckings, which was a auto
wrecking place and I worked there as a receptionist for almost
four years. And from there, I went to Empire, which was
actually a big company back then, too. It was Empire on
Forest Hills and I was with them for almost four years also,
but they closed down the company. And after that, I went to
Avenue Medical, which was on Jamaica Avenue, 105th Street and
Jamaica Avenue. And I was with them for almost five years.
THE COURT: This was before your certification?
THE WITNESS: Yes.
A And after that, is when I went to Park Health.
Q At Avenue Medical, what were your duties?
A I was a physical therapy aide there, also. And then I
was trained there with a machine that the physical therapist
used to use, which is a range of motion machine. A lot of
companies started using them then, so they trained the staff,
which was the -- I was the only one, physical therapy aide,
how to use the machine. As long as the therapy was on the
premises.
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So it was a big deal, a big, you know, certificate
for the, if you were to learn the machine, so I wanted to
learn it and they trained me for it. And that's why when I
went to Park Health, Dr. Abraham asked me about the machine
and I told him yes, I know how to work it, and that was mainly
their concern. He really want to have to have somebody that
knew how to work the machine. Usually the therapist works it,
but they don't have the time to do it so that's why they train
the aid to do it.
Q Can you tell us how you came to work for Park Healthcare?
A Yes. When I was working in Avenue Medical, they started
cutting my hours, so I went from 40 hours a week to 20 hours a
week and I wanted to have a full-time job, so they didn't want
to give me my hours back. They said, you know, the time, it
was a small company. I was, okay, I need 40 hours, I need to
make more money. So I started looking for another job and
that's how I found -- I went through the, actually, drove down
the street, and I found a number, and I just called them, and
asked them for their fax number, and I faxed my resume, and a
few weeks later they called me.
Q Were you interviewed at Park?
A Yes. I was interviewed by Ms. Garriques, Annmarie
Garriques. When I went in, she put me in one of the rooms and
she interviewed me. She had my resume, she went over
everything and she said everything looks good. She said you
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Chauca - direct - Bush
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31
know about this machine, the range of motion. I said yes, I
was trained in my previous job. She said okay, everything
looks fine, I like the resume. She said you speak different
languages? I said yes, I speak Spanish. She said great, that
I would be upstairs in the second floor, which is the physical
therapy department and she said I want you to meet Dr. Abraham
and I said okay. I waited for Dr. Abraham to come into the
room. He walked in, he introduced himself and he asked me
about the range of motion machine. He asked me if I knew how
to do it, which is all the parts, all the different parts of
your body, and I said yes, I know how to do it. He said okay,
when can you start. I say as soon as possible, I'm only
working part-time. So he said okay, he was like, okay, so do
you mind starting next week and I said no problem.
Q What was Ms. Garriques's job title at Park?
A She told me she was the office manager.
Q Did you ever have a supervisor at Park?
A Ms. Annmarie Garriques. She was the only supervisor
manager that everybody knew in the building.
THE COURT: Did that title ever change during your
time there.
THE WITNESS: Never.
Q Please, tell us the duties that you had at Park
Healthcare.
A To assist the physical therapist, making sure all the
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Chauca - direct - Bush
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rooms were set up, applying heat and cold packs with all the
patients, assist them with exercise, Whirlpool, which they
had. Mainly just watching when they exercise, when they were
doing exercise and mostly, the range of motion machine, which
I which I focused on. That's really what he wanted me to
focus on, was the range of motion machine, because it was
billed separately than the physical therapy.
Q Did you have any other duties?
A I, yes. I also ordered the office supplies and I also
did receptionist work for them.
Q Were you the only physical therapy aide at Park when you
started?
A Yes.
Q Did there come a time when that changed?
A Yes. About three months, I think three months or four
months later, they hired Jackie Stern. She was working there
only on Fridays and Saturdays.
Q What was her job title?
A She also helped them with receptionist work upstairs and
if they needed her in the back, she would assist the
therapist. If he needed something, she would give it to him,
but she was mostly in the front.
Q Did you have any other co-workers in the physical therapy
department?
A No. It was just me, the therapist and Jackie Stern, when
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Chauca - direct - Bush
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33
she was there.
Q Did anybody else join the physical therapy department?
A Yes. A few months later, Debra Mahearwanlal, she came
upstairs to work the receptionist job upstairs.
THE COURT: Was she downstairs?
THE WITNESS: Yes, she used to work downstairs and
she was a medical assistant downstairs on the first floor and
then, they put her upstairs on the second floor to do
receptionist work.
Q Do you know whether Jackie was experienced in physical
therapy aide when she joined Park?
A No. When we spoke, she told me she was there just doing
the front desk, filing, picking up the phones and sometimes
they would call her to the back, the therapist, because he was
usually alone unless I was there. They would call her to the
back and ask her for a heat pack or can you watch the patient
when he's on exercise, and that's what she would go back there
for.
Q Debra, was she experienced as a physical therapy aide?
A No, she wasn't. She was a medical assistant on the main
floor.
Q Did there come a time when you were involved in training
other staff at Park?
A Yes. A few months later, after Jackie and -- Jackie
actually became full-time. After a few months she started
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Chauca - direct - Bush
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working upstairs with me in the back and Dr. Abraham and
Ms. Garriques asked me if I could train Jackie and Debra with
the range of motion machine. I told them fine, I'll do it.
He said the days that you're not here, at least they know how
to do it, would you be able to train them. I said yes, of
course, as long as there's a physical therapist, they're able
do it. And I trained Jackie and Debra with the range of
motion machine and with some of the duties in the back, how to
help them with the physical therapy room and how to set up the
rooms, put the heat packs, the cold packs.
Q Was there a time when you were working at Park when other
co-workers became pregnant?
A Yes. In the first floor, it was Sharene (phonetic), I
forget her last name, I'm sorry. Sharene, I don't recall, I
don't remember her last name right now. Anyway, Sharene, she
was pregnant and she came upstairs to tell us, everybody knew
each other in some way, we weren't close like the people
upstairs on the upstairs floor, but we all knew each other and
she came upstairs and she told us that she was pregnant and we
were happy for her. And a few weeks later, we found out that
she had a miscarriage, so she was out for a little while, and
when she came back, she came upstairs and she told us.
MR. FORMAN: Objection, Your Honor, as to hearsay.
THE COURT: Sustained.
Q You had a conversation with Sharene?
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A Yes.
Q What did you understand was the result of that
conversation?
A They didn't want to take her back because she was out.
She had lost her baby and she was out and they didn't want to
take her back. They didn't want to take her back --
MR. FORMAN: Objection, Your Honor.
THE COURT: Not what she said. You can ask if she
came back.
Q Did there come a time when anybody else at Park became
pregnant?
A Yes. Debra Mahearwanlal, she was pregnant. She went out
on maternity leave and they didn't take her back. She came
upstairs and she told me --
MR. FORMAN: Objection, Your Honor; again, hearsay.
THE COURT: She just didn't come back. Then maybe a
follow-up question.
Q Did you have a conversation with Debra when she was
pregnant?
A Yes. I had a conversation with me and Jackie.
MR. FORMAN: Objection, Your Honor.
THE COURT: You had a conversation. You can't ask
what the conversation was.
Q What did you understand as a result of that conversation
with Debra?
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MR. FORMAN: Objection, Your Honor. No foundation.
THE COURT: For what? She asked if there was a
conversation.
MR. FORMAN: I understand that Debra came back.
What could she understand about that, other than what she said
Debra told her.
THE COURT: The question is, the appropriate
question is, did Debra come back.
Q Did Debra come back?
A No, she didn't.
Q Did you ever see Debra during her maternity leave?
A Yes. She came to the office when I was having lunch with
my other coworker, which is Jackie Stern the other aide, and
she was very upset. She told us --
MR. FORMAN: Objection, Your Honor.
THE COURT: You can't tell us -- that's called
hearsay. You can't repeat a conversation with another person
here in court.
Could you tell us, so I can catch up, put some dates
as to when she left and when she came back.
THE WITNESS: Oh boy. She left after her maternity
leave and she didn't come back.
THE COURT: Do you know when the maternity leave
was, approximately? When did she leave the employment to go
on maternity leave?
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THE WITNESS: To go on maternity leave? I don't
remember with a date that was. I think it was a few months
before I was pregnant, so that was...
THE COURT: It was before you became pregnant.
THE WITNESS: Before I became pregnant, yes. That's
when she went out and she didn't come back until after four or
five months.
THE COURT: Did she come back after you were still
pregnant or after you gave birth to Joshua?
THE WITNESS: No, after I was on maternity leave.
THE COURT: And you left on maternity leave in
approximately when in connection with when Joshua was born?
THE WITNESS: Let me see. I'm sorry, I forget
dates. I gave birth to Josh in September, so I had left on
maternity leave around August.
THE COURT: August of that year.
THE WITNESS: Yes.
THE COURT: And when you left on maternity leave,
did this Debra person return yet?
THE WITNESS: No.
THE COURT: All right.
Q Did you have a second conversation with Debra when she
was out on maternity leave?
A Yes, we spoke on the phone.
Q What did you understand as a result of speaking to Debra
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on the phone?
MR. FORMAN: Objection, Your Honor, what could she
possibly understand other than what Debra told her?
THE COURT: Exactly.
Q Did there come a time when you found out that you were
pregnant?
A Yes. January 2009. That's when I found out I was
pregnant.
Q How old were you then?
A Thirty-eight.
Q Did you tell anybody at work that you were pregnant?
A Not for my first three to four months.
Q Why not?
A I tried for years to get pregnant and it never happened,
so when I did get pregnant, due to my age and my religion,
since I'm from Peru, we never really tell anybody we're
pregnant until after three or four months, I just wanted to
make sure everything was okay, that my pregnancy was going to
be all right before I told anybody. And I didn't, I just told
one of my co-workers, I was scared to tell Dr. Abraham,
Annmarie because of what they've done to two girls prior to
me.
Q What had they done?
A They didn't want to take Jackie or -- I mean, I'm sorry
Debra back to work. And she said she was going have a lawsuit
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39
on them. So, that's why they didn't want to -- I was scared
to tell them anything and so did Sharene. She threatened to
sue them also. Both of them threatened to sue them.
MR. FORMAN: Your Honor, note my objection to all
that testimony.
THE COURT: Okay. Do you want it stricken?
MR. FORMAN: No. They're going to testify later in
the trial.
THE COURT: Okay; so, subject to connection.
Q Did there come a time when you did tell your bosses at
Park?
A Yes. It was after fourth of July weekend. I went to
Dr. Abraham and I took a recorder and I wanted to record the
conversation because I was scared that they were going to fire
me. That's why I took so long to even tell them anything,
because I thought they would do the same thing to me. So, I
took the tape recorder in and I tape record our conversation
just to make sure that they knew that I was going to go on
maternity leave.
And I told them, I knocked on the door, I told him
hi, Dr. Abraham. He said hi, how are you. I said I need to
speak to you. He said have a seat. I said I don't know if
you heard, but I'm pregnant. He said really. I said yes, I'm
7 1/2 months pregnant. He says oh, wow, you're not showing,
you're small. I said, yeah, I'm pretty small. He said, oh my
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God, what's going on here; Debra, then you. I said, yeah, she
rubbed off on me, I guess everybody's getting pregnant now.
And he said, well, congratulations. And I said thank you.
And he said -- I told him, I said well, I just want
to let you know that I'll be going on maternity leave and I
just wanted to make sure that you know. He goes well, did you
tell Ms. Garriques. And I said no, I haven't told her but I'm
pretty sure she knows. Basically, everybody in the building
knows now that I'm pregnant and you know how rumors are. He
said okay, well just let her know and then you'll be fine.
And I said okay, no problem.
So I went upstairs. I was looking for Ms. Garriques
and I found her on the second floor. I told her can I speak
to you. She said no problem. We went into one of the rooms
and I told her, I said Annmarie, I'm pretty sure you heard but
I'm pregnant. She just looked at me, she said okay. I said
well, I spoke to Dr. Abraham and I told him that I'll be going
on maternity leave, I just wanted to let you know he said to
speak to you. She said, okay. And I said I just wanted to
let you know. She was like, okay. And that's how we left the
conversation.
Q Did you have a further conversation with anybody about
your pregnancy?
A I told Ms. Shirlie. Already everybody basically knew
that I was pregnant by then.
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Chauca - direct - Bush
VB OCR CRR
41
Q Did you ever have a second conversation with Dr. Abraham?
A Yes. It was, I think it was August 20th. I, the night
before, which was the 19th, I typed up a letter telling him
that I was going to go on maternity leave, when I was leaving
and when I was due back, I would be out for the three months
then I would go back to work. The next day I went to his room
I knocked on the door again. He says yes, Veronika. I said
Dr. Abraham, I typed up this letter. I said, this is the
letter that I will be going on maternity leave. I said can
you read it, I said, and just tell me if everything is okay.
He took the letter, he put it on the desk and he
read it and he goes, oh, everything is fine, don't worry. I
said well, can you sign it, I just want to make sure
everything is okay. He said don't worry about it, he signed
it, he stamped it, he hand it back to me and he said give a
copy to Sheila from accounts payable. And that's it.
From there I went upstairs, I made a copy of the
letter and I went to Sheila that she did the paychecks,
accounts. I told Sheila, I said, Sheila I just spoke to
Dr. Abraham and he told me to give you a copy of this letter,
I'll be going on maternity leave. She said okay, have you
done all your papers to go on maternity leave. That's why I'm
here, to ask you for all my papers. She said okay, she helped
me fill out all the paperwork for maternity leave and she said
Veronika, this is -- she said this is Thanksgiving week. And
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I said yeah, but you guys are open on Friday. And she said
just come back on Monday, it makes no sense for you to come
back for one day. And I said okay, no problem, I'll be back
on Monday. So I gave her the letter, she put it in my folder
and from there on, I left.
Q I'd like to introduce an Exhibit that was pre-marked
Plaintiff's Exhibit 3.
THE COURT: Question. Was the tape recording that
you that you referenced, was that visible to Dr. Abraham?
THE WITNESS: No.
THE COURT: No. Okay.
Yes?
MS. BUSH: Your Honor.
THE COURT: Mr. Forman, you've seen this Exhibit?
MR. FORMAN: Yes, we have no objection to that
Exhibit.
THE COURT: It's going in as what number, Ms. Bush?
MS. BUSH: Plaintiff's pre-marked Exhibit 3.
THE COURT: Three. Three now in evidence, without
objection.
(Plaintiff's Exhibit 3 was received in evidence.)
THE COURT: You can describe it for the record, if
you want.
MR. FORMAN: For the record, it's a letter dated
August the 20th, 2009, to Dr. Jamil Abraham from Veronika
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Chauca - direct - Bush
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43
Chauca.
Your Honor, can I approach the jurors, give them a
copy?
THE COURT: You have a copy of the letter?
MR. FORMAN: The letter.
THE COURT: Just pass one around, if you want and
then take it back.
(The above-referred to Exhibit was published to the
jury.)
THE COURT: Ladies and Gentlemen of the Jury, at the
end of trial these Exhibits that, you will get them in the
jury room so you don't have to memorize them. This is sort of
to assist in your listening to the questions that Ms. Bush
will be asking of the witness that relate to the letter.
Q Ms. Chauca, can you please look at the letter, Exhibit 3.
A Yes.
Q And can you please read it to the Court for the record?
A Sorry, August 20, 2009, to Dr. Jamil Abraham. I will be
going out on maternity leave on August 27th, 2009, and I will
be out for two months. I will return to work on November 23rd
of 2009. Sincerely, Veronika Chauca.
Q Is that your signature?
A Yes.
Q What does it say underneath?
A CC Annmarie Garriques officer manager and the office
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44
stamp and Dr. Abraham's signature.
Q Thank you. What date did you go out on maternity leave?
A I left I think the following week.
Q What date was that, do you remember?
A Honestly, I really don't. I think it was August 27th.
Q When did you give birth?
A September, 2009. 10th, I'm sorry. September 10th, 2009.
Q Ms. Chauca, did there come a time when you stopped
working at Park?
A Yes.
Q Can you tell us about that. Plea?
A It was around Thanksgiving weekend, I was supposed to be
back to work the following week. I think Thanksgiving was the
27th, yeah the 27th. And I called them on Friday to let
them -- that same Friday I called them to let them know that I
would be back to work on Monday. When I called, I was
transferred to Sheila from accounts payable and I spoke to
her.
I said hi, Sheila, how are you, it's Veronika
Chauca. She said hi, how's the baby. I said everything's
fine. I said, I'm calling for Annmarie and Dr. Abraham but
they transferred me to you, but I'm calling to let you know
that I'll be back on Monday. She said you can't speak to me
about that, you have to speak to Dr. Abraham. I said okay.
She put me on hold then she put me through Dr. Abraham and he
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Chauca - direct - Bush
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45
picked up. And I told him hi, Dr. Abraham, it's Veronika
Chauca. He said how are you. I said Dr. Abraham, I'm just
calling to let you know I'll be back to work on Monday. He
said you can't speak to me about that. I said what do you
mean. He said you can't speak to me about that, you have to
talk to Annmarie about it but she's not here, she is on
vacation. And I said well, I don't think I should speak to
anybody, I'm just calling to let you guys know I'll be back on
Monday. He goes no, you have to speak to Annmarie first. I
said okay. And I said well, when is she coming back. He said
she should be back in two days.
I waited until Monday, I called and she still wasn't
back. They transferred me back and forth again to
Dr. Abraham, he didn't pick up. Back to Sheila again. I
spoke to Sheila. I said, Sheila, what's going on. I said why
are they telling me I have to wait for Annmarie, I'm just
telling you guys I'm going back to work, what's the problem.
She said I don't know, you can't speak to me about this, you
have to wait for Annmarie to come back. I said okay.
I waited for the Tuesday, which was the 2nd, and she
was back already. And I spoke to her and when I told her, I
said Annmarie I'm just, I been calling you, they told me to
speak to you. I said, I was supposed to be back at work on
Monday but they told me you wanted to speak to me. She says I
don't know, you can't speak to me, you have to speak to
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46
Dr. Abraham. I said what's going on here. I said first is
Sheila telling me I have to speak to you, Dr. Abraham. Now
it's you telling me I have to speak to Dr. Abraham. What's
going on. She goes, I will call you back. I said okay.
She called me back a few hours later and when I
picked up the phone she said Veronika. I said yes. She said
Veronika, we no longer need your services. And I was like,
what? She said yes, we no longer need your services. I said
okay. I stood in shock. So she just hung up the phone. She
didn't give me a reason why she fired me, nothing. So, I of
course, I stood in shock for a while and I was like oh, my
God, have I been fired?
I tried calling back again later on. They didn't
pick up the phone. After that I tried calling back the
following day, which was December. I called back a few times.
I called back in January and in February, I kept trying to
call them to see what was going on and they would give me the
runaround. They wouldn't pick up my call. Every time I would
call, the receptionist would pick up the phone, which I knew
them and they would tell me hi, Veronika. Can you transfer me
to Annmarie? Sure. I would be on hold for 20 minutes,
sometimes 25 minutes. I would call back and say can I speak
to Dr. Abraham, and another ten minutes. Sometimes 20
minutes. I was getting tired of calling. I was like okay, I
guess I'm fired over here, what's going on here.
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47
I called my co-worker and she was like I don't know,
I don't know what's going on, you know, and I was like I don't
know what's going on, these people are not picking up the
phone on me. They're not returning my calls. I said, I said
Annmarie didn't even give me a reason why she was firing me.
I said all she said is we no longer need your services, and
that's it.
After that I just kept trying to call until
February. After that I realized I was fired because the only
reason that they had to fire me was because I was pregnant. I
never got any verbal notice during the three years I was
working with them, no verbal notice, no written notice that I
didn't do my job. They, if they trusted me to train other
co-workers, their receptionist work for them. When they
didn't have the therapist in the premises, I did the therapist
job that I wasn't supposed to do and I did it for them. So,
why would you fire me? There had to be a reason. It had to
be because I'm pregnant because that's the only reason they
fired me, when I was on maternity leave. Before that, they
never fire me. I never gave them any reason for them to fire
me.
Q What date were you fired, Veronika?
A The 2nd. December 2nd.
Q Did you try to get your job back?
A Yes, I called hem. I called them. I even have my call
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Chauca - direct - Bush
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48
logs --
THE COURT: We've heard that testimony.
MR. FORMAN: Sorry.
A -- that I called them a few times.
THE COURT: No, we're waiting for another question.
THE WITNESS: Oh, sorry.
THE COURT: I don't know if we're changing topics.
Q All right. What happened next?
A After that, it's when I realized I was like okay, I guess
I'm never getting my job back and I knew that was illegal. I
knew that was illegal so you know what, I'm going to go make a
complaint. Everybody else would threaten to do it with then
and none of them ever did it. I wasn't the first one they did
it to. You know, I just, I had the courage to go and make a
complaint. Everybody else didn't do it. I made a complaint
with them and then I got an attorney because I knew what they
did was illegal.
Q Who did you make a complaint to?
A I went to the City, to the Board of, I forgot the name
of, what is it. The complaint department of the division of
complaint departments for employment, I forgot the name, I'm
sorry.
THE COURT: You can refresh.
Q Was it the New York State Division of Human Rights?
A Yes.
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Chauca - direct - Bush
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49
Q What date was your complaint, do you remember?
A I think it was maybe about two months after I was fired,
so that must have been what, December January -- around
February, I think it was.
Q Why did you make a complaint?
A I was upset. I was upset that I was fired because I was
pregnant. That's the only reason they fire me, was because I
was pregnant.
Q So, after lost your job, did you look for another job?
A Yes. After, even though I still would call them here and
there, I would call my co-workers to see what was going on.
Then I found out that Debra had my position and I was, I was
like, wait a minute, why would she have my position.
Meanwhile, she started way three months after me, they should
at least call me back, you know, but none of them ever call me
back. I never received any calls from them. There's nothing
on my call logs that show any of their numbers, but my numbers
on the call logs calling them. So, I knew I was fired because
I was pregnant.
THE COURT: Ms. Bush, we are going to take a break.
I want to get a logical point to break since we are into the
lunch hour.
Ladies and gentlemen, we will take a lunch break.
In an ordinary day we would take a mid-morning break and we
will take a midafternoon break today. We will probably work
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Chauca - direct - Bush
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50
to around 5:00, but again, sometimes we can finish earlier
because it doesn't make sense to move on to another witness.
The opposite sometimes is true, sometimes it makes sense to
continue to work past 5:00 to complete a witness, so there is
no set time for sure that I can tell that you we are going to
complete our work on any given day.
What I can tell you for sure, we are going to take
the break now and I want to repeat the instructions that you
received in the preliminary instructions that I prepared that
Amanda read to you.
When we take the break you are not to discuss this
case amongst yourselves or with anyone else. You are not to
use the time of the break to conduct any research about any of
the names, persons, places, personalities, statutes that are
involved in this case -- do that either electronically or the
old-fashioned way, by looking it up.
Also, to the extent that you are on social media of
any kind -- and I've lost track now of all the kinds there are
from Twitters to Instagrams to Vines to Facebooks to all of
this wonderful stuff that allows people to know
instantaneously what you're doing at any moment and what you
are thinking at any moment -- if you are on any of that stuff,
you are not to reference in any way, shape, manner or form, by
image or otherwise, that you are sitting as a juror or that
you are even coming to the United States District Courthouse
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Chauca - direct - Bush
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51
in Brooklyn. There is absolute radio silence about that.
Fortunately, the weather is a little bit better, you
will be free to go out to one of the restaurants, one of the
luncheonettes in the area. You are not going to get lunch,
it's unfortunate, but our budget does not permit that, we
would love to be able to buy lunch for you, so you're on your
own for lunch. On future days, if you want to bring your own
lunch, we will find a place for you to eat it in the
courthouse if you don't want to go out for lunch, you are
certainly free to bring it in. We will ask you to try to get
back to the jury room at or around 2:15 and we will start as
close to 2:15 as we can.
So again, no social media, no discussions, keep an
open mind and we will see you about 2:15 after we hope you
enjoy a wonderful lunch. See you then. Thank you for your
patience and your cooperation.
THE COURTROOM DEPUTY: All rise.
(Jury exits.)
(In open court; outside the presence of the jury.)
(Witness excused.) (Witness steps down.)
THE COURT: Okay, Counsel, here is what the ground
rules are, so that you will know. You are free to leave
anything you want to leave in the courtroom because William
will lock the courtroom during lunch, but if you think there
is something that you have that you think you might need
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Chauca - direct - Bush
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during lunch, please take it with you. Otherwise, you can
leave anything you want in the courtroom because it will be
secured during the lunch hour, okay?
So, we'll see you around 2:15.
ALL: Thank you, Your Honor.
(Continued on following page with AFTERNOON
SESSION.)
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CMH OCR RMR CRR FCRR
53
AFTERNOON SESSION
(In open court; outside the presence of the jury.)
THE COURT: Any housekeeping before we bring the
jury in?
MR. FORMAN: One thing, Your Honor. I'll probably
be showing Plaintiff's Exhibit 4 on my cross-examination. I
didn't bring a copy but she should have it ready.
THE COURT: That's deemed admitted.
MR. FORMAN: Yes, stipulation.
MS. BUSH: Which exhibit is it?
MR. FORMAN: Plaintiff's Exhibit 4. I'll be using
that on cross-examination.
THE COURT: You are offering that, right, Ms. Bush?
Ms. Bush, you intend to offer 4?
MS. BUSH: Yes.
THE COURT: All right. So it is admitted.
MS. BUSH: Yes.
MR. FORMAN: Just copies for the witness and for the
jury.
(So marked.)
(Jury enters.)
THE COURT: Be seated, please.
Counsel will stipulate that the jury is present and
properly seated.
MS. BUSH: Yes.
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CMH OCR RMR CRR FCRR
54
THE COURT: Mr. Forman, also, you acknowledge that?
MR. FORMAN: Oh, I'm sorry. Yes, Your Honor.
THE COURT: Okay.
All right. Ladies and gentlemen, I hope you enjoyed
your lunch. We are ready to resume. You will recall that the
plaintiff is on the stand.
VERONIKA CHAUCA ,
resumed, having been previously duly sworn, was examined
and testified further as follows:
THE COURT: You are still under oath.
THE WITNESS: Okay.
THE COURT: Still on the plaintiff's direct
examination by Ms. Bush.
And, Ms. Bush, you may proceed.
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Chauca - direct - Bush
CMH OCR RMR CRR FCRR
55
DIRECT EXAMINATION (Cont'd)
BY MS. BUSH:
Q Ms. Chauca, after you stopped working at Park, did you
try to find another job?
A Yes, it was after February 9th. After I got fired, I
kept calling them and calling them, and since I didn't get any
return calls from any of them, I realized I was fired. So I
started looking for other employment.
Around that time, I was actually trying to move to
New Jersey with my fiancee, so I was trying to find something
in between. It was a little hard, but I put in my resume as
many places as I could.
When you're a physical therapist --
THE COURT: You have to wait for a question.
THE WITNESS: Oh, I'm sorry.
Q What kind of jobs did you apply for?
A For physical therapy aide or receptionist work, anything
I could find. But usually when you're a therapist or physical
therapist assistant, it's harder to find a job because you
have to go to college for at least four -- for two years and
it's easier to get a job as a physical therapist or a physical
therapist assistant.
As an aide, it's harder because usually everybody
takes them really fast, as soon as they get out of school. So
I tried to apply as many jobs as I could. I got called for a
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Chauca - direct - Bush
CMH OCR RMR CRR FCRR
56
few of them, I went for the interview.
One of them --
THE COURT: We will let Ms. Bush ask some questions.
THE WITNESS: Okay.
THE COURT: She will feel lonely up there.
THE WITNESS: All right.
Q How did you look for work?
A Internet, I used to go by the medical places and I used
to take down their number, the same way I did with Park
Health, and I would fax my resume.
I went to Monsters. I went to Hot Jobs. I did a
lot of different things to try to get a job.
Q Did you have any interviews?
A Yes, I had about six interviews in Brooklyn. Aquatics, I
got called for that, but it was only for two to three days a
week, you know. So I told them I'll take it and then I guess
somebody must have been on maternity leave, or I don't know,
they were out and they came back. They never called me back
for that.
Then I got called for --
THE COURT: You never started work there?
THE WITNESS: What?
THE COURT: You never started?
THE WITNESS: No. They told me they would contact
me.
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57
A Then I had applied for other ones. I got called, I went
for interviews for those, but a few of those, they didn't call
back.
THE COURT: Could you fix an approximate time when
you are doing all of these interviews?
THE WITNESS: Around, like, the ending of February,
March, April. I know it was mostly around getting towards the
summer. All that time, I was trying to look for a job.
THE COURT: And this is 2010?
THE WITNESS: Yes, after I gave birth to my son,
yes, 2010.
THE COURT: Okay. We have another question.
Q Did you eventually find work?
A Yes. I went to, which is called Staten Island Physician
Practice. It's in Staten Island and I started working for
them. That was last year. They changed the name which is
called ACP, but I've been with them for almost five years.
THE COURT: You are there now?
THE WITNESS: Yes.
THE COURT: Okay.
Q Now, did losing your job affect you financially?
A Well, I waited so long -- well, I couldn't have a baby
for such a long period of time, so when I got pregnant, I was
happy. I was spending most of my savings. It was my first
pregnancy, so I started spending my savings buying, you know,
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Chauca - direct - Bush
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58
newborn baby, you want to buy everything for, thinking I had a
job to go back to. I said, okay, I'll make it up when I go
back to work.
And after I found out I was fired, I had no money
so, and then I had no -- I wasn't collecting anymore for
maternity leave. I didn't have that money either, so I,
that's why I kept trying to call back to see if I could get a
job and nothing, so, of course, it affected me.
I was a first-time mom. I was alone. I was -- I
wasn't with the baby's father, so I had -- I had just found
out my mom had cancer, so everything just affected me, of
course it did, you know. I started getting a lot of
headaches. I didn't know what to do, especially with a
newborn baby, you know, so -- but I did try. I tried. It's
not like I didn't try to get a job. I've been working since I
was in high school. I used to get out of high school and run
to go to work. So it's not like I didn't look for a job.
All my jobs lasted no are more than four or five
years. So it's not like I didn't want to work. I did try my
best to get a job.
THE COURT: And you did.
THE WITNESS: And I did.
THE COURT: Next question.
Q Did you keep in touch with any of your co-workers at
Park?
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Chauca - direct - Bush
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59
A Yes. I kept in contact with Ms. Shirlie Evans and
with -- oh, my God, I'm sorry, I forget everybody's name --
Jackie Stern. I always kept in contact with them. Especially
Jackie since we both worked in the same department and we ate
lunch together. We did basically everything together.
Q Was there a time that Jackie became pregnant?
A Yes. I was already -- I wasn't working there anymore and
I used to always keep in touch with Jackie on the phone, and
one day she called me and she told me she was pregnant. And I
was -- I said congratulations. She was like, yeah, I'm
getting sick a lot, you know, through my pregnancy and --
MR. FORMAN: Objection, Your Honor.
THE COURT: Sustained.
Q Did you speak to Jackie often?
A Yes.
THE COURT: Can you fix a time for this?
Q What time period was this?
A Oh, I always kept in contact with her during my
pregnancy. After my pregnancy, after I gave birth to Josh,
and --
THE COURT: Did there come a time when your contacts
with this woman stopped?
THE WITNESS: Oh, yes.
THE COURT: And when was that?
THE WITNESS: After they rehired her back from, Park
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CMH OCR RMR CRR FCRR
60
Health. She was also fired for being pregnant.
THE COURT: Can you give us times?
THE WITNESS: Sorry.
THE COURT: So we can know?
THE WITNESS: I gave birth to Josh, September, I
don't recall. Around the time that, I know it was maybe --
THE COURT: Was it in 2010?
THE WITNESS: Yes, I think the ending of 2010.
THE COURT: Is when she left or when she came back?
THE WITNESS: No, she was still there. She was
still there. I think it was 2011 is when she was out. She
was very sick through her maternity and she was out, and when
I spoke to her is when she told me they fired her.
BY MS. BUSH:
Q Did they say -- did she say why they fired her?
A The only reason they had was because she was pregnant.
They have no other reason to fire her.
Q Did they ever take her back?
A After I filed the lawsuit.
Q Did you enjoy working at Park?
A Yes.
Q What else about it did you enjoy?
A Everything. The reason why I became a physical therapist
aide was because I had a friend that was an aide and I was
always in the medical field. You know, I was always in the
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CMH OCR RMR CRR FCRR
61
medical field so I enjoy being around people. I like working
with so many people, helping them. That's why I became a
physical therapy aid.
THE COURT: The question was directed why Park as
opposed to any other medical.
THE WITNESS: Oh, Park?
A It was a nice place. Big place. Nice staff upstairs.
You know, it was a nice place to work. I never had any
problems with anybody. I liked the fact that they had the
range of motion machine, something else for me to do besides
help with physical therapy.
I enjoyed working there. Everybody was nice. So
many patients. They had a lot of patients coming in all the
time.
Ann Marie was pretty nice when we first started. I
see her once in a while, but I never had any problems with
anybody there.
Q Were you good at your job?
A Yes. I was always good. That's why she asked me to
train with my co-workers. I trained Jackie. I trained Debra.
If they didn't trust me, if I didn't do a good job, why would
she ask me to train anybody else?
Q Okay. How did you feel in the weeks following leaving
Park?
THE COURT: Before the pregnancy or after?
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CMH OCR RMR CRR FCRR
62
MS. BUSH: Sorry.
Q After you were fired, in -- December the 2nd, 2009?
A At first, I couldn't believe it. I didn't think -- I
just kept asking myself what did I do, did I do something
wrong. Let me at least ask them why they fired me. That's
why I kept calling back. At least get an explanation from
Ms. Garriques. All she said was, we don't longer need you.
She didn't even give me a reason why she fired me.
If she would have at least given me an explanation,
then I would not have been so upset and not having to
constantly worry why I was fired. But she didn't give me no
explanation. Nobody wanted to get in contact with me. Nobody
got in contact with me. So, of course, I was stressed out.
You know, it was hard for me to find a job. No
matter what, I did try to get a job. I was trying to look for
another job as soon as I realized I wasn't going to get my job
back, which that was almost three months that I was trying to
call them. That's why I kept in contact with Ms. Jackie, I
kept in contact with Ms. Shirlie, to find out what was going
on, if they knew anything, but nobody knew absolutely nothing.
Q Okay. Did losing your job have any physical effects on
you?
A Yes. I mean, after that, I just started getting so
stressed out. I started getting so stressed out. I guess I
stressed myself out so much that I started getting headaches.
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CMH OCR RMR CRR FCRR
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I couldn't sleep thinking what am I going to do. Is it going
to be hard for me to find another job, because no matter what,
I still kept trying to find it and either I won't get a call,
I wouldn't get a call, so I was like, how long am I going to
be without a job. I've never been without a job.
Q Did you seek medical advice?
A Yes. I went to my regular doctor and I told him that I
was getting a lot of headaches. So he said, listen, I'm going
to give you some muscle relaxers, but maybe you should see a
neurologist. And I told him I don't care where you send me
to, I just want to find out why I'm getting so many headaches.
He sent me to the neurologist. When I saw the
neurologist, he told me that -- he sent me for the MRI -- I'm
sorry. He sent me for the MRI. My MRI came back negative,
and he said, are you under a lot of stress? I told him this
is what happened.
He goes, he goes, listen, it has to be from your
stress. He goes, you need to calm down. He was, like, I'm
just going to give you something for your headache and
something so you could just relax at nighttime.
I didn't want to constantly take muscle relaxers
because I had a newborn baby anyway, so when I had the
headaches, I would take, you know, the medication here and
there, but I've never been the type to be on medication
anyway.
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64
Q How long did you take the medication for?
A For about maybe a few months. I would take it here and
there when, sporadically, whenever I needed it. I wouldn't
take it all the time.
Q And how often did you see the neurologist?
A I saw him twice.
Q Did he prescribe for you medication?
A Yes. He gave me something for my headache, I forgot the
name of it, and he gave me a muscle relaxer also.
Q And how long did you take the medicine for the headaches?
A For the headache, I would take it at least twice or three
times a week. The muscle relaxers, that was once in a blue
moon. I didn't want to take that. It gets me really sleepy
so ...
Q As you stand here today, do you have any feelings about
your experience at Park?
A Oh, yeah. All I wanted was an explanation. That's all I
wanted, why was the reason I got fired. If I didn't do my job
right, why did they keep me for so many years? If I didn't do
anything right, then why did they trust me with anything else?
They trusted me with -- they didn't have a therapist
on the premises, but then I was good enough to fill in for a
therapist and do notes that I wasn't supposed to, but I did it
because I wanted to keep my job. Anything they asked me for,
I did it. They wanted me to train somebody else. Two girls,
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Chauca - cross - Forman
CMH OCR RMR CRR FCRR
65
I trained.
They wanted me to do receptionist work. I did it
for them. If I did anything wrong, why they never gave me any
written -- absolutely nothing. They never said anything to
me. All they told me is, Dr. Abraham, you did a good job,
Veronika, you did a really good job, thank you.
If I did such a good job, then why fire me and put
somebody else in my position instead of calling me back? You
understand? So if I was such a bad worker, why treat me like
that?
Obviously, if I'm the only, if I'm the only one that
was qualified for the job, why not call me back? It's not
like I didn't try to call them back. I did try.
THE COURT: No pending question at this point.
MS. BUSH: No more questions.
Just wait there, Veronika.
THE COURT: Thank you, Ms. Bush.
Any cross, Mr. Forman?
MR. FORMAN: Yes, I'd like to cross-examine the
plaintiff.
THE COURT: Please.
CROSS-EXAMINATION
BY MR. FORMAN:
Q Hi, Ms. Chauca. I'd like to start by something you said
last, which might be fresh in your memory.
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CMH OCR RMR CRR FCRR
66
You said that Jackie got pregnant while she was at
Park Health. Is that correct?
A Yes.
Q And you said they took her back after you filed the
lawsuit. Is that correct?
A Yes.
Q And she -- that was in 2011 that they took her back after
she was on maternity?
A I -- it was around that time that I used to speak to her.
I don't remember exact dates because I wasn't working there
any more. We kept in contact on phone all the time.
Q And what makes you think that Park took her back because
you filed a lawsuit?
A It's after she told me. We spoke on the phone. She told
me. She was sick through her whole pregnancy. She was out.
She told me, they fired me, they didn't even want to give her
unemployment, and a few months later after I filed, I filed a
lawsuit, is when they took her back.
Q Where did you file -- which lawsuit are we talking about?
A The lawsuit against Park Health Center.
Q And do you know the year that this lawsuit was filed?
A 2010.
Q And that was a year before Jackie got pregnant?
A No. That was after -- I think it was around the time
that Jackie got pregnant. No, Jackie got pregnant after. I'm
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Chauca - cross - Forman
CMH OCR RMR CRR FCRR
67
sorry.
Q Jackie got pregnant after you filed this lawsuit?
A Yes, I think so.
Q And what about this conversation that you had with her,
was that before you filed the lawsuit or after?
A Jesus. I think it was after, after I filed the lawsuit.
Q Okay. So do you want to reconsider your testimony that
Jackie was rehired at Park Health Center because you filed a
lawsuit?
A Excuse me? I'm sorry.
Q You want to reconsider your testimony that you told us
under oath just maybe 15 minutes ago and again when I asked
you about it, that Jackie was rehired at Park after she had
been terminated because you filed this lawsuit?
A I don't remember dates exactly. Okay? I'm sorry. I'm
really bad with dates.
All I know is that Jackie and I spoke many times and
she was in the hospital and she told me Park had fired her.
They didn't want to take her back.
I don't remember exactly what date that was. This
is five years ago, I got fired. I'm not remembering exactly,
exactly what date I spoke to Jackie or what date. Do you
understand?
I know that after I filed the lawsuit, after that, I
think it's around the time that Jackie was pregnant.
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CMH OCR RMR CRR FCRR
68
Q So she was not rehired after you filed -- well, I'm
sorry. She was -- okay, I'll take that back.
THE COURT: And I am afraid the jury might be
confused.
When did you say Jackie became pregnant, to the best
of your knowledge?
THE WITNESS: 2010 -- I'm trying to remember. I
know it was after I left. So either it was the ending of 2010
or the beginning of 2011. I know it was around that time.
THE COURT: And when do you understand that Jackie
was rehired by Park?
THE WITNESS: That was -- I didn't even know. She
stopped -- once -- I used to --
THE COURT: Let me ask that question. Maybe it will
help. Maybe it will help me.
How did you come to know that Jackie was rehired?
THE WITNESS: She stopped talking to me. She
stopped talking to me. I would call her and call her and she
wouldn't return my calls, and I found out from my other
co-worker, Ms. Shirlie, that she was rehired. That's how I
found out. She wouldn't take my calls after that.
THE COURT: And do you recall when that took place?
THE WITNESS: It must have been around 2011, like
maybe towards the middle or maybe the ending.
THE COURT: But it was after her pregnancy, correct?
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Chauca - cross - Forman
CMH OCR RMR CRR FCRR
69
THE WITNESS: Yes. This is after she had -- yeah,
she was in the hospital most of the time when she was
pregnant. She was out constantly. She was sick. She would
call me from the hospital. I would call her and that's how I
found out because she's the one that told me. She says they
fired me and they don't want to give me unemployment.
BY MS. BUSH:
Q And it's your testimony you filed a lawsuit after that
conversation?
A Must have been like in maybe, in the middle, around that
time. I don't recall exactly. I know it was -- it must have
been after, after she got pregnant -- I mean, before she got
pregnant. I'm sorry.
I filed a lawsuit a few months after I went on
maternity leave. Then a few months later, that's when Jackie
became pregnant. So it was before.
Q And then a few months after that, you had the
conversation?
A Yes. During the time that she was in the hospital,
that's when I had the conversation with her.
(Continued on next page.)
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Side Bar
CMH OCR RMR CRR FCRR
70
Q Okay. So the lawsuit had already been filed months
before you had this conversation with Jackie?
MS. BUSH: Objection.
Can I have a side bar, please?
THE COURT: Sure.
(The following occurred at side bar.)
MS. BUSH: There seems to be confusion of the date
of the division claim and the date the federal claim was
filed.
THE COURT: This is 2010?
MS. BUSH: This is November 17, 2010 we filed in
federal court, so getting mixed up with the, whatever you
filed the lawsuit, she's thinking division claim.
THE COURT: Well, this has not been her testimony
yet, this also comes before she is rehired, before she has a
pregnancy.
MS. BUSH: No. Jackie got pregnant in May.
THE COURT: Okay. So you know the facts.
MS. BUSH: I know the chronology. So she keeps
saying that she was, she had the conversation.
MR. FORMAN: I can't testify for her.
THE COURT: When did the -- well, you can always
correct her or redirect. When was the division complaint
made?
MS. BUSH: That was in --
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Side Bar
CMH OCR RMR CRR FCRR
71
MR. FORMAN: December '09.
THE COURT: Of '09?
MS. BUSH: We didn't file the federal complaint
until a year later because we were negotiating.
THE COURT: Yes.
MS. BUSH: Yes.
MR. FORMAN: I'll ask her about that right now.
I'll move on to that division complaint.
MS. BUSH: Okay. So, she filed the federal
complaint in November 2010, and Jackie came back in May 2011.
That's the facts.
MR. FORMAN: All right. Six months.
MS. BUSH: Read the deposition.
MR. FORMAN: Seven months.
THE COURT: You can ask the question about that if
you want. If he does not, then when you get redirect, you
can.
(End of side bar.)
(Continued on next page.)
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Chauca - cross - Forman
CMH OCR RMR CRR FCRR
72
(In open court.)
BY MR. FORMAN:
Q Ms. Chauca, it's your testimony that you kept in touch
with Park Health Center for three months after you were told
that you were fired. Is that correct?
A Yes.
Q So you got fired December 2, so you kept in touch a
little after in December, January, February. Is that correct?
A Yes. I didn't keep in touch with -- I kept calling.
They wouldn't answer my calls. They wouldn't return my calls.
I was leaving messages.
Q So you felt there was still a chance that you could be
taken back to work?
A Yes.
Q And when did you file for unemployment insurance?
A I think it was around maybe February. Around February.
Q And when did you file with the New York State Division of
Human Rights for pregnancy discrimination?
A I don't remember exactly what date was that. I told you
I'm so bad with dates. I'm sorry.
Q Well, let me just take a second to get my papers and
maybe I can refresh your recollection.
Thank you.
(Pause.)
MR. FORMAN: I show the witness what has been
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CMH OCR RMR CRR FCRR
73
pre-marked as Defendants' Exhibit B.
THE COURT: You may.
You can look at it and read it to yourself.
THE WITNESS: Okay.
MR. FORMAN: For the record, Your Honor, this
document has been stipulated as admissible evidence.
THE COURT: Are you offering it?
MR. FORMAN: Yes.
THE COURT: Any objection?
MS. BUSH: No.
THE COURT: Received in evidence, Defendants' D.
MR. FORMAN: B.
THE COURT: "B," as in boy?
MR. FORMAN: Yes.
THE COURT: B.
(So marked.)
THE COURT: And what is this document that the
witness is reading from?
MR. FORMAN: While the jury is reviewing the
document, this is a notice from the Equal Employment
Opportunity Commission to, sent to the Park Health Center. It
says: Person filing charge: Veronika Chauca. This person
claims to be aggrieved. Date of the violation, December 3,
2009.
There's an EEOC charge number and it says that a
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CMH OCR RMR CRR FCRR
74
charge of unemployment discrimination under Title VII, the
Civil Rights Act of 1964 has been filed, and it's dated at the
bottom December 11, 2009.
THE WITNESS: Okay.
THE COURT: Do you have a question for her?
MR. FORMAN: Yes. I'll collect that from the jury.
BY MR. FORMAN:
Q Ms. Chauca, have you seen this document before?
A Yes.
Q And can you tell us what it is?
A Yes. This is when I filed for unemployment -- oh, no,
this is when I went on maternity leave, right?
Q This appears to be a discrimination charge against Park
Health Center.
A Okay. Yes. I'm sorry.
Q Okay. It says on the bottom that they're notifying them
it's from you on December 11, 2009.
Does that refresh your recollection as to when you
filed the charge of discrimination against Park Health Center?
A Yes, yes, now it does.
Q And when was that?
A December 11, 2009.
Q That was about a week after you were terminated?
A Yes.
Q Okay. So while you were still contacting the Park Health
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CMH OCR RMR CRR FCRR
75
Center, is it true that you filed a charge of discrimination?
A Yes.
Q And if you were still contacting the Park Health Center,
why did you do that?
A I was still trying to get my job back no matter what. I
didn't -- when I went to file this, I didn't think it was
going to turn out to be a big thing about it. You understand?
I was still -- no matter what, I was still trying to
get my job back. Even if I filed this, I wanted to scare them
in some way. Okay? I wanted to scare them in some way at
least maybe they would call me back, but nothing.
Even, even -- let's just say if I filed this, okay?
Why would I still try to call them? Why would I still have my
call log saying that I'm the one that called them, but they
didn't call me back?
(Continued on next page.)
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Chauca - Cross - Forman
SAM OCR CRR RPR
76
(Continuing)
CROSS EXAMINATION
BY MR. FORMAN:
Q That's the question to you, why did you call them if you
filed a charge of discrimination?
A Because I was still trying to get my -- my job back.
Q Thank you.
MR. FORMAN: I'm showing the Witness Exhibit C, I
believe that has also been stipulated to as being admissible.
THE COURT: Is that correct?
MR. FORMAN: I show it to the witness and ask that
it be admitted as Exhibit C.
MS. BUSH: Yes, no problem.
THE COURT: Received in evidence, C without
objection.
(Exhibit published.)
(Defendants' Exhibit C was received in evidence.)
MR. FORMAN: Your Honor, this is a document that
appears to be unemployment insurance notice of potential
charges. It says date mailed December 4th, 2009, mailed to
Park Management Systems, LLC and it says the Claimant is
Veronika Chauca at claim effective November 30th, 2009, at
$219 a week.
(Pause.)
THE COURT: Do you have a question for the witness?
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Chauca - Cross - Forman
SAM OCR CRR RPR
77
MR. FORMAN: I'll just collect that from the jury.
BY MR. FORMAN:
Q Ms. Chauca, does this refresh your recollection as to
when you applied for unemployment insurance?
A Yes, I told you, I'm sorry, I'm bad with dates.
THE COURT: Okay, she's answered the question.
Q And is it correct that you applied for unemployment
insurance for before December 4th, 2009?
A Yeah, I know it was in December.
Q Did you begin collecting as of November 30th, 2009?
A No, it comes after. It's just -- this is from when the
time that you get fired.
THE COURT: What he's questioning is whether or not
you actually got a claim that retroactively went back to
November 30th?
THE WITNESS: Yes.
THE COURT: And that was approved?
THE WITNESS: Yes.
Q So to the best of your recollection now, do you know when
you applied for unemployment insurance?
A In December.
Q Beginning of December?
A Yes.
Q Just a few days after you were terminated?
A Yes.
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Chauca - Cross - Forman
SAM OCR CRR RPR
78
Q And did you tell unemployment insurance you were
terminated?
A Yes.
Q Going back to your testimony, you said that you went to a
physical therapy aid course. How long did that course last?
A About eleven weeks, I used to go five days a week.
Q And did they teach you to use range-of-motion machine in
that course?
A No, they didn't.
Q Where did you learn to use the --
A I learned that in Avenue Medical.
Q On the job?
A On the job, yes.
Q You said that Ann Marie was your only supervisor?
A Yes.
Q What about the physical therapist at work, did he
supervise you?
A No, it was Ann Marie that -- of course, we had to follow
what the therapists did, to help them, it was -- we had to do
what the therapist tells you because that's part of the job.
But the supervisor was Ann Marie, she was the one that gave us
the hours, what time we left, what time we came, if we could
leave early. Anything that we had to do had to go through Ann
Marie.
Q For scheduling?
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SAM OCR CRR RPR
79
A Everything.
Q What else besides scheduling did Ann Marie do?
A Besides that, she did -- well, she did our hours. She
did -- she told us what we had to do upstairs, when to order
the supplies, all her manager job -- duties. Any -- anything
that -- any time we had to take off we had to let her know.
Q Take off?
A Yes, take off.
Q That's scheduling, isn't it?
A Yeah, well --
Q What about the supplies, how did Ann Marie know what
supplies you needed?
A Because any time the therapist needed anything to be
ordered, it had to go through Ann Marie. She the one that
gave us the okay to order.
Q And the therapist would tell you which supplies he
wanted?
A Yes. And every job is like that, the therapists tell you
what they need in the rooms, it has to go through management,
and then we're allowed to order it.
Q Now, you said that several employees were pregnant while
you were at Park Health Center?
A Yes.
Q You were not the only one?
A Yes.
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Chauca - Cross - Forman
SAM OCR CRR RPR
80
Q Were there ever any parties for any people who were
pregnant while at Park Health Center?
A The only one that I recalled was Fabiola, which she
worked downstairs. And I don't think it was even a party, it
was just a collection that they did for her.
Q At work?
A Yes.
Q Because she was pregnant?
A Yes.
Q Now, you said Debra, Debra worked as a PT aide and a
receptionist, is that correct?
A Debra was hired as a medical assistant, then she came up
as a receptionist.
Q Okay. And she was pregnant while she worked at Park
Health Center?
A Yes.
Q How many times was she pregnant?
A Twice.
Q And were either of those times before you were pregnant?
A Yes.
Q How long before you were pregnant did Debra get pregnant
the first time?
A The first time was, I think, maybe about eight months,
maybe about seven, eight months before I was pregnant.
Q The first time how much time off did she take related to
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Chauca - Cross - Forman
SAM OCR CRR RPR
81
her pregnancy?
A Related -- well, she miscarried the first time. She had
a miscarriage.
Q And how long was she off, how long was her leave?
A She was supposed to be out, I think, for only a few
weeks, and they didn't want to take her back.
Q So the first time that she had a miscarriage she was --
she didn't come back to Park for more than a few weeks?
A Okay, I'm sorry, I made a mistake. The first time she
had a miscarriage and she came back a few weeks -- a few weeks
after that, like I think maybe two or three weeks, the most,
after her miscarriage. That was the first pregnancy.
Q And that was just a few months before you went out on
maternity leave?
A Yeah, I think about -- the most it must have been, maybe
it was like maybe nine months to -- to a year, I know that,
about a few months before.
Q And then she went out on maternity leave again before you
did, is that correct?
A Yes, she went out on maternity leave a few months -- a
few months, yeah, after I got pregnant.
Q And did she come back before you went out on maternity
leave or after?
A No, she came back after.
Q You don't remember her working downstairs while you were
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Chauca - Cross - Forman
SAM OCR CRR RPR
82
still at Park Health Center before you left?
A Before I left? No.
Q And you don't remember her coming up a few times when
they needed assistance in the Physical Therapy Department
before you left Park Health Center?
A Okay, when Debra was out on maternity leave, she tried to
come back, they didn't want to take her back.
Q That's not the question. Before you went out on
maternity leave yourself, that was the end of August of
2009 --
A Yes.
Q -- had Debra come back from her second pregnancy?
A I don't recall. Honestly, I really don't recall. I
don't think she did.
Q I'm asking do you recall her returning to downstairs and
on some days she would come back upstairs to help out at the
Physical Therapy Department before you went out on maternity
leave?
A No, no, not that I recall.
Q Is it possible?
A I'm trying to remember, it's been so far back. No, that
I remember. Honestly, I really don't remember.
Q She did come back?
A Okay.
Q She came back, she went out on maternity leave twice,
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Chauca - Cross - Forman
SAM OCR CRR RPR
83
once she had a miscarriage and the second time she delivered a
child, and both times she came back to Park, is that correct?
A Yes, she came back because she threatened -- she
threatened to -- to file a suit against them. That's why she
came back.
Q That's what you believe?
A No, that's what she told us. That's what she told me,
personally me.
Q That's why you filed this lawsuit, so you'd do something
like Debra?
A No, sir, listen, I -- I know what I saw. They -- I'm not
the only person they did this to. Okay, maybe they weren't
brave enough to go and file the lawsuit, but I was because I
know it's illegal what they did.
Debra was out on a maternity leave and twice she
came to the job looking for her job back and they didn't want
to take her back and she was upset. She told not only me, but
a few of the coworkers until she said, my husband works for
Con Edison and he told me this is illegal, I'm gonna file a
lawsuit if they don't take me back.
Q So she --
A Twice she did it.
Q I'm just asking, so as far as you know she got her job
back without filing a lawsuit?
A Yes, I guess she did.
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Chauca - Cross - Forman
SAM OCR CRR RPR
84
Q But that's why you filed a lawsuit, hoping to get your
job back, is that correct?
A Sir, I know what they did to me was illegal.
THE COURT: No, no, you have to answer the question.
BY MR. FORMAN:
Q Is that why you filed the lawsuit, hoping to get your job
back? Is that the reason?
A I knew what they did was wrong.
THE COURT: That's not the question.
A I still wanted to get my job back.
THE COURT: Ms. Chauca, that is not the question.
If you didn't hear the question, I'll have the reporter read
it back.
THE WITNESS: Okay.
THE COURT: Just answer the question. Do not
volunteer information.
THE WITNESS: Okay.
THE COURT: Is that plain?
THE WITNESS: Yes.
THE COURT: Do you need the question read back?
THE WITNESS: Yes.
THE COURT: Please read the question back.
(Record read back.)
A Yes.
Q You testified that you tape recorded your first
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Chauca - Cross - Forman
SAM OCR CRR RPR
85
conversation with Dr. Abraham when you told him that you were
pregnant. And what was the reason that you wanted to tape
record it?
A Because of what they had done to the other two girls, to
Debra and to Shereen. I wanted to make sure that I was
recording the conversation that would -- that way, at least, I
would have proof that I wasn't just trying to leave. I had
proof when I was gonna leave on maternity leave that I did
tell them that I was pregnant. I wasn't the only person that
they did this to.
Q What did you think you would catch Dr. Abraham saying?
A No, I knew he was wasn't gonna say anything bad, I just
wanted to record the conversation telling him that I was going
on maternity leave, that is everything okay? He said fine.
It was nothing bad in the conversation, I just wanted to
record the conversation that I was telling him that I was
going on maternity leave and that I was pregnant.
Q And didn't you say that by that time everybody in Park
knew that you were pregnant?
A I was already showing. When I told Dr. Abraham I was
already starting to show. I was very skinny then. I was
skinnier, I had a small belly, but after seven-and-a-half
months it just popped out, of course, a lot of people started
knowing then. I wasn't hiding it anymore.
Q And then you had a second conversation with Dr. Abraham
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Chauca - Cross - Forman
SAM OCR CRR RPR
86
and gave him a written note?
A Yes.
Q And why did you give him a written note?
A I wanted to cover myself. I wanted to cover myself in
some way that, at least, I have proof that I showed them that
I was going out on maternity leave and that I will be back on
this date.
I always gave them a note, even when I took
vacation. I gave them a -- I always typed a letter saying I'm
going on vacation these days, these are the days I will come
back. They have those letters.
Q Okay. And when you gave them those for your vacation,
who picked those dates?
A We pick our vacations and we will ask them if that's
okay.
Q Okay.
A They will usually look and tell -- or usually, I don't
know if anybody else would type it up, but I did. I always
typed up my letters and told them these are my vacation --
this is when I'm gonna go on vacation, and they were fine with
it. I never had a problem.
Q And who picked the dates for your maternity leave?
A I did. I typed up the letter. I put the dates, but I
want to Dr. Abraham and I made sure that he read the letter
and if anything was wrong, he could have told me. He could
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Chauca - Cross - Forman
SAM OCR CRR RPR
87
have said: No, these dates are wrong, you can't take these
dates off, but he said -- he read it, he looked. And I said:
Is everything okay? He said: Yes, everything looks fine,
Veronika.
Q And why didn't you bring the note to Ann Marie Garriques
if she was your supervisor and she did all your scheduling?
A When I went to Dr. Abraham he didn't tell me to give it
to Ann Marie, so all I did I went to Sheila from accounts
payable, she's the one who kept all our records and he said:
Take it to Sheila, make sure she puts it in your folder. And
I said: Okay. And that's exactly what I did.
Q Was there any particular reason that you went to
Dr. Abraham with the note instead of first going to Ann Marie
Garriques with the notes?
A No, I don't even know if she was there downstairs, all I
saw was Dr. Abraham so I went straight to him. He was the
owner, so I figured let me go and talk to him and give him the
letter.
Q But Dr. Abraham doesn't supervise you?
A Once in a while he will come upstairs. It wasn't a
supervise all the time, he was mostly downstairs. He will
come up once in a while.
Q Do you recall your testimony you said that the only
supervisor you had at Park Health Center was Ann Marie
Garriques?
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Chauca - Cross - Forman
SAM OCR CRR RPR
88
A Yes.
Q Is that true or not true?
A Yes, it's true.
Q She was your only supervisor?
A She was our only supervisor and Dr. Abraham, but she's
the one that would tell us for our dates. The letter I just
wrote it for Dr. Abraham. I went downstairs and I just gave
it to him.
Q And you asked for two months on the letter?
A Yes, I must have wrote that wrong.
Q What was wrong about asking for two months?
A No, I must have wrote it wrong because it says here I'll
be leaving on August 27th. If I'm back in November, it's
almost three months. I must -- I put two months, but it's
usually three months. It was gonna take the three months.
Q Why do you say the maternity leave is usually three
months?
A That's what I was gonna take.
MS. BUSH: Objection. Your Honor, this isn't
relevant. There's no question here that she gave the
defendants notice. We've already stipulated to that. They
knew she was out on maternity leave. They knew she'd given
notice on maternity leave. I don't understand this question
at all.
THE COURT: I'm going to overrule it. She's
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Chauca - Cross - Forman
SAM OCR CRR RPR
89
expressed her state of mind, he's exploring it further.
BY MR. FORMAN:
Q You can answer the question.
A Oh. I'm sorry, what was the question?
MR. FORMAN: Can we have the reporter read back the
question so I can get an answer?
(Record read back.)
A That's what I figured everybody always takes. This is my
first pregnancy, everybody -- I would ask questions, of
course. I figured everybody usually everybody goes away for
three months, two months, so that's what I wrote down. But
this is why I gave it to him, so he can check over it and if
anything was wrong, he could have told me. He was the owner,
so if there's something wrong here in the letter, he could
clearly read it and tell me: Veronika, no, this is wrong,
you're not supposed to take this much time. But he didn't, he
said everything was fine. He signed it.
Q Why did you want to take three months off?
A I wanted to spend time with my son.
Q I see. And when did your doctor say that you could
return to work after giving birth?
A My doctor didn't say anything about my going back to
work. She didn't tell me when I could go back to work after
maternity leave. She -- I mean she knew already I was gonna
be home, but I was fine. I was fine after I gave birth to my
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Chauca - Cross - Forman
SAM OCR CRR RPR
90
son, I just knew I wanted to stay with him those two or three
months and then I was ready to go back to work.
Q Well, I'm asking in what sense you were ready to go back
to work. It wasn't a physical ready. The doctor didn't tell
you stay home for three months, did they?
A No.
Q You never even asked the doctor how long do you have to
stay home until you're better to return to work, did you?
A No, because I was fine. I was fine. I didn't have a bad
pregnancy. You know, the -- I had a great pregnancy actually.
It was very good for my age that I thought it was gonna be a
bad pregnancy, which actually turned out to be a good
pregnancy. So I was ready to go back to work. If I wasn't
ready, I would have never called them the day after
Thanksgiving. You understand? I called them the day after
Thanksgiving. I even called the week before Thanksgiving just
to make sure.
Q By ready, you mean you had spent enough time at home with
your new son?
A I didn't want to take more than that. I didn't want to
take more than that time. That's all I needed. I mean I
needed to get back to work. You don't get much money being on
disability. When you're on disability and you give birth, you
don't get that much money, especially with the money I was
making. I wasn't making absolutely nothing. Of course, I
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Chauca - Cross - Forman
SAM OCR CRR RPR
91
wanted to get back to work.
Q But you didn't want to go back to work before three
months?
A It wouldn't have mattered if it was two months, no. I
mean I wanted to stay the two or three months with my son.
Q It didn't matter at your job, did it?
A Excuse me?
Q It didn't matter whether you came back after two months
or after three months to Dr. Abraham or Ann Marie Garriques or
anybody at Park Health Center, did it?
A I don't get what you're saying, I'm sorry.
Q It didn't matter to anybody at Park Health that you were
out for three months instead of two months?
A Well, I guess --
THE COURT: You mean was that ever communicated to
her?
THE WITNESS: If that was ever communicated to them?
BY MR. FORMAN:
Q Did anybody ask you to come back earlier?
A No.
Q Anybody say they needed you back, that you had to return
to work?
A No.
Q And even when Dr. Abraham looked at the note, he didn't
question why it says two months, but actually the time period
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Chauca - Cross - Forman
SAM OCR CRR RPR
92
is three months?
A No, he didn't. He didn't, he just read -- he read -- I
gave him the letter and he read it and he told me everything
was fine, and that's it.
Q Okay.
MR. FORMAN: I'd like to show the witness what has
been marked Defendants' Exhibit J. I believe that's also
stipulated as to being admissible.
THE COURT: Ms. Bush, is that true?
MS. BUSH: Yes, there's no problem. That's fine.
THE COURT: No problem. Received in evidence
without objection, Defendants' J.
(Defendants' Exhibit J was received in evidence.)
(Exhibit published.)
MR. FORMAN: And for the record, this is a notice of
total or partial rejection of claim for disability benefits, a
one-page document. It is dated November 6th, 2009. It says
the Claimant is Veronika Chauca and the employer is Park
Health Systems. It says benefits were paid from September 4,
2009 to October 21, 2009 at $170 a week.
And it goes on to say: You're hereby notified that
your claim for disability benefits is rejected for the reason
checked below. The first box is checked. It says payment of
benefits is rejected after October 22, 2009, the date you
could return to work according to medical evidence on file.
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Chauca - Cross - Forman
SAM OCR CRR RPR
93
BY MR. FORMAN:
Q Have you seen this document before?
A Yes.
Q Can you tell us what it is?
A This is when I -- the disability that I did when I went
on maternity leave.
Q And did you understand it to mean that medically you
could return to work as of October 22, 2009?
A Yes.
Q And that was two months after you started your maternity
leave?
A Okay.
Q And did anybody from Park Health contact you and ask you
when you're coming back to work?
A No, they didn't.
Q Did anybody from Park Health contact you and say you had
to come back to work?
A No, they didn't.
Q It also says: If you're still disabled after that date,
submit additional medical evidence immediately.
Did you submit any other medical evidence to show
that you were still disabled as of October 22, 2009?
A No, I didn't. No.
Q You said that you tape recorded a conversation you had
with Dr. Abraham around July 4th, 2009, is that correct?
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Chauca - Cross - Forman
SAM OCR CRR RPR
94
A After July 4th.
Q Right. After July 4th, it was about a week after?
A Uh-hum, about a week when we came back after 4th of July.
Q And so you didn't go on maternity leave for two months?
A Uh-hum.
Q And did anybody at Park Health Center hold it against you
for those two months?
A No.
Q Did anybody treat you badly?
A No.
Q Anybody say anything that, you know, Veronika, you know,
your becoming pregnant and taking time off will be a problem?
A No.
Q It's just the opposite when you spoke to Dr. Abraham, he
congratulated you?
A Dr. Abraham, yes.
Q And then you said you had a conversation when you wanted
to come back with Ann Marie Garriques?
A Yes.
Q And that was around December 2, 2009?
A Yes.
Q And you're saying you didn't tape record that
conversation?
A No.
Q And you're saying that she fired you?
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Chauca - Cross - Forman
SAM OCR CRR RPR
95
A Yes.
Q She told you: We don't need you anymore?
A We no longer need your services.
Q Okay. And you understood that meant that she was firing
you?
A Yes.
Q And you applied for Unemployment benefits right away?
A Yes.
Q And you sued them for pregnancy discrimination?
A Yes.
Q And then you said you kept calling because you felt they
would change their mind?
A Yes. At least, I was -- at least, I was trying to call.
I didn't want it to go this far. If they would have took me
back, this -- we would never be here. No matter what, I tried
to get my job back.
Q And is it your testimony you didn't continue to keep
calling back because Ann Marie had never actually fired you?
A Yes, she did. She fired me.
Q It's your testimony that she didn't tell you to keep in
touch?
A No, she never told me absolutely nothing. She said: We
no longer need your services, and she hung up the phone.
Q Do you recall what your cell phone number was around the
time that you were trying to get back to work?
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Chauca - Cross - Forman
SAM OCR CRR RPR
96
A God, my old number, 9 -- I think it was a 9-1-7 -- no, I
don't recall my old number.
Q Was your cell phone Number 646-515-3065?
A Yeah, it's still the same one, but before that it was --
they had changed it. Since I changed companies, it went to
this number, everything.
Q When did you change it to this number?
A I think I was still working there.
Q Oh, so while you were working there you had this cell
phone number, 646-515-3065?
A Yeah, I was -- yeah, before that I had a different
number, but since I changed T-Mobile, what they do is they
just transfer everything to -- to the new number. So I would
still have the same call logs. I would still have everything
the same exact thing, it's just the number would be different.
Q But that was before you called Ann Marie back to try to
get back to work in December of 2009?
A Yes.
Q And when you spoke to Ann Marie in December 2009, did
Ann Marie ask for your phone number?
A No, she had that same number. It was always the same
number. She had my house number and she had my cell number.
Q And that number has been continuously in use until today?
A Yes.
Q It was never cut off?
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Chauca - Cross - Forman
SAM OCR CRR RPR
97
A No.
Q When you were working at Park Health, were you full-time
or part-time?
A No, I was full-time.
Q And how many hours a week was that?
A About thirty-five hours.
Q And what was your salary?
A Fourteen dollars an hour.
Q And would they sometimes send you home early?
A Sometimes, yes.
Q How frequently?
A About maybe twice, about twice a week.
Q And why do you say you were working for thirty-five
hours, that's full-time?
A Yes, thirty-five hours is considered full-time that I
know of.
Q It wasn't forty hours?
A No, it wasn't forty hours. When I first started it was
forty hours, and a few months after, maybe about four or five
months I went from Monday to Friday to Monday to Thursday.
Q And you stayed those days until you left Park?
A Yes.
Q And was that at your request or the request of somebody
else at Park?
A No, that was them. They're the ones that gave me the
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Chauca - Cross - Forman
SAM OCR CRR RPR
98
schedule.
Q They cut your hours?
A If they cut my hours?
Q Yes, from five days to four days.
A Yes, in the -- yeah, they -- they're the ones that told
me to come in Monday to Thursday.
Q You didn't request to work part-time?
A No.
Q And would you say that you mostly worked thirty-five
hours every week?
A It all depend -- it all depend on how many patients we
used to have in. Sometimes we didn't get any patients in the
evening and Ann Marie would send me or Jackie home early.
(Continued on following page.)
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Chauca - cross - Forman
CMH OCR RMR CRR FCRR
99
BY MR. FORMAN: (Continuing)
Q And out of all the weeks that you work, what percentage
were 35 hours a week?
A Honestly, I don't recall.
Q Did you ever work 25 hours a week?
A Sometimes. Sometimes it would be 25, 30. It all depends
on how many times, sometimes she would send, send us home.
Q Would you say that you worked more times 25 than 35 hours
a week?
A No, I think more. More than 25.
Q I'm saying between 35 and 25, which did you do more?
A Probably in the middle, like 32, 30, around there.
MS. BUSH: I would like to read from a transcript
but I have to get it from my desk.
THE COURT: Please.
(Pause.)
MR. FORMAN: I'd like to read from page 22 of the
transcript of Veronika Chauca, deposition on September 16th of
2011. She testified from page 22 -- I'm sorry, page 23 from
line 4 to 14.
Q Ms. Chauca, do you recall having your deposition taken on
September 16, 2011?
A Yes.
Q And after that, your attorney showed you the transcript
of your deposition and you read it?
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Chauca - cross - Forman
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A Yeah.
Q And you signed it and it was notarized?
A Yes.
Q Let me read from -- a few things that you said that day
on page 23, line 4.
Question: About how many hours a -- about how many
hours a week did you average while working at the Park Health
Center after you were cut to four days a week?
Answer: Sometimes it would be 30. Sometimes 27 or
sometimes 25.
Question: Between 25 and 30 hours?
Answer: About 25. Around 30 hours.
Question: Just approximately, would it be more
times 25 hours or more times 30 hours a week?
Answer: No, more times between the 25.
Do you remember having those questions asked to you
and you giving those answers?
A Yes.
Q And that was about a little less than two years after you
went out, after you tried to get back to work, September 26,
2011.
A Okay.
Q And is your testimony different when you say that no,
more times they worked around, between the 25 hours?
A No. It was around 25, 26. That's why I told you it used
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to vary. I wasn't -- I used to punch in and out. I wasn't
looking at my check constantly all the time to see how many,
okay, let me see how many hours.
Sometimes she would send us home a little earlier.
Sometimes we would stay. It all depend.
Q The question was just approximately, would it be more
times 25 hours or more times 30 hours a week?
And you answered no, more times between the 25.
Is that correct?
A Yes.
Q Okay. And isn't it also correct that you had been making
the same amount of money on your new job when you got it, $14
an hour?
A Yes.
Q And you're working 28 hours a week. Is that correct?
A Not anymore.
Q When you were hired?
A When I was hired, yes, I was part time.
Q Working 28 hours. Now you're full time?
A Yes.
Q Working more than 28 hours?
A Yes.
Q And you're making more than $14 an hour?
A Yes.
Q And isn't it also correct that you collected unemployment
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insurance from December 2, 2009 until you got this new job?
A About -- yes. I -- yeah. I know I stopped a few months
before I started the job.
Q And you said you were taking medication after you were
fired. And did you take similar medication while you were
still at Park Health Center?
A No.
Q Never took medication?
A No.
Q Were you treated by one of their physicians for stress?
A That I know of, no.
Q Not that you know of?
A Not that I recall. I don't know if I ever seen -- I did
see doctor -- I forgot the doctor's name downstairs. I used
to see him, but he was never my doctor.
Q What did you see him for?
A I don't recall honestly. I really don't.
Q How many times did you see him?
A Maybe twice.
Q Did he prescribe medication?
A I don't recall.
Q Possible?
A Honestly, I don't recall.
Q And you said you wanted to move to New Jersey with the
father of your child. Is that correct?
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A Yes.
Q And, but you weren't living with him while you were
working at Park Health Center, were you?
A No. In the middle of my pregnancy, I started to stay
with him.
Q But by the time you were giving birth, you were not
living with him?
A No.
Q And when you gave the deposition in 2011, you still had
not moved in with the father of the child?
A No. We were on and off. We had been on and off for a
long time.
Q And did that cause you any stress?
A No. Well, of course. I mean, you know, it's not stress
like that. You know, it's just the father -- I'm 38 years
old. I'm not going to get stressed out over something like
that. I want -- we knew each other for many years.
Q Yes.
A So he was always there for my son no matter what. So we
were on and off, which normal couples do. We're together now,
you know.
Q But not in 2011 when I took your deposition?
A In 2011, that's -- no, around that time, we weren't.
Q Okay. But you were while you were pregnant for a few
months?
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A Yes.
Q But not when you gave birth?
A When I gave birth, he was there.
Q In the hospital?
A He was there, but we weren't physically together, but he
was there. He was always there.
Q But this didn't cause you any stress?
A No, he never caused me stress.
Q You wanted to get back with him?
A We, we weren't really separated like that. We were just
on and off. It was around that time my mom was sick, so I
didn't really want to leave her by herself in Queens. So it
was the whole thing about me not moving to New Jersey. That
was the only problem.
Besides that, we never had any other problem. So I
didn't have the stress of not being with him because if I
really wanted to move in with him, or be with him, he was
always there. He's a great father. He's a great fiancee. I
don't have any problems with him. He was never the problem.
Q And you're living with him now?
A Yes.
Q But you didn't really care if you lived with him or not?
A It's not that I don't care. It's not that I don't care
that I live with him. I'm telling you he never stressed me.
There was never any stress between me and him. He's a great
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father. We were old enough to know exactly what we were
doing. So it's not like I stressed myself over him or he
stressed himself over me. We had our son and we tried to make
things work.
If I, you know, if I didn't want to be with him
then, or he didn't want to be with me then, it's irrelevant.
I mean, couples go through that ups and downs. But I was
never stressed over the fact that I didn't, he didn't want to
be with me because that was never the problem. I'm the one
that didn't want to move to New Jersey.
Q How far would that be from Park Health Center?
A Forty-five minutes to an hour.
Q How far was your house with your mother to Park Health
Center?
A About, what, 10, 15 minutes?
Q Okay.
A And the whole months that I was with him, those months
that I was with him, I drove from New Jersey every day without
missing a day to my job.
Q And when you looked for a job, you were looking at Staten
Island?
A I was looking anywhere. I was trying to see if maybe if
I moved down there, maybe I could find something in between.
I looked in Brooklyn. I looked in Queens. I didn't care
where I went. I mean, of course, I didn't want to look in New
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Jersey, because I wasn't sure if I was going to stay in New
Jersey. I just wanted something in between.
Q And who did you live with when you were at Park Health
Center and living with your mother? Who else was there?
A My brother.
Q What's his name?
A Ricardo Chauca and Hugo Chauca.
Q Two brothers?
A Yes.
Q And your mother?
A And my mother.
Q Anybody else?
A Their kids. My oldest brother has two kids. Well, one
because the other one is already married and gone, and my
brother's two daughters.
Q Three children, the three children from which brother?
A Well, they're not children anymore. They're adults. You
know, two of them are gone already, so just one now in the
house.
Q Okay. But they were living there when you were pregnant?
A Yes.
Q And they were living there in December when you applied
for unemployment insurance?
A Yes.
Q And they were already grown up?
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A Yes.
Q How about the other brother, did he have any children?
A All my brothers do, yes. The oldest one has the boys and
the middle one has the two girls.
Q And they were living with you also when you went on
unemployment insurance?
A Yes.
Q How old were they at the time?
A My oldest brother is 50 and the other one, the middle one
is, he's 45 -- no. Sorry. He's 48 now.
Q You said Ricardo has three children?
A Yes.
Q And they were grown at the time that you applied for
unemployment insurance.
And the other brother is Hugo and he had two
children and they were also at the time when you applied for
unemployment and left Park Health Center --
A No, the daughter was younger. Well, actually -- I'm
sorry. Ricky's son, one of them, he was, I think 17 or 18.
Q I'm talking about Hugo.
A Oh, Hugo? My niece, like one of them was 18 or 17, and
the other one, 20, 21.
Q And that was in 2009?
A Yes, around there.
THE COURT: Mr. Forman, if you are going to begin
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another topic, we can take our mid-afternoon break.
MR. FORMAN: Okay. Let's break for two minutes.
THE COURT: We will.
All right, ladies and gentlemen. I am going to give
you, I'm going to be more generous than Mr. Forman. He wants
to give you two minutes. I will give you between 10 and 15.
Okay, Mr. Forman?
MR. FORMAN: Yes, of course.
THE COURT: I thought so.
So it will give you a chance to go back to the jury
room, ladies and gentlemen. Use any of the facilities that
you might need to use there. The admonitions I have been
giving you continue. Do not discuss the case amongst
yourselves. Continue to keep an open mind and we will get
back to you about 10 or 15 minutes and resume the afternoon
session.
(Jury exits.)
THE COURT: You may step down, Ms. Chauca.
See in about 10, 15.
MS. BUSH: Your Honor, housekeeping. I have two
witnesses outside. I mean, I don't know if we are going to
get them today.
THE COURT: What time do you expect them to come?
MS. BUSH: They were here since 2:15.
THE COURT: I do not know how long -- how long is
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your -- are you planning on redirect?
MS. BUSH: I have some redirect, yes.
THE COURT: And how much time do you have?
MR. FORMAN: Not much more.
THE COURT: About?
MR. FORMAN: I'll talk to my clients.
THE COURT: How much?
MR. FORMAN: I don't think I have much more.
THE COURT: I didn't think you did.
So I think we will get to at least one of them, I
think then.
MS. BUSH: Okay. So shall I send one home?
THE COURT: Yes, definitely, unless you are telling
me they are going to be like a five-minute witness apiece. If
they are really, really going -- if you both think they are
going to be really tiny, then I will keep the jury longer and
we will stay longer. Why don't you two talk about that and
then you let me know what you have decided.
MS. BUSH: Okay.
THE COURT: But if these are going to be really, 5
or 10 minute witnesses, including cross, 15 minutes, rather
than bring them back, I certainly would extend the time.
MS. BUSH: All right. I'll speak to him.
MR. FORMAN: Your Honor, my clients can't stay past
5 o'clock.
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THE COURT: Well, so we should have some -- all
right. If it is impossible to stay past 5:00, then we will
stop at 5:00.
MR. FORMAN: Okay.
THE COURT: Unless it becomes clear that we can stop
even earlier. We will be fluid, to some extent, you know,
what you all think you have to ask.
MS. BUSH: Okay. Thank you, sir.
(Recess taken.)
(In open court; outside the presence of the jury.)
THE COURT: Counsel, ready to go?
MS. BUSH: Yes.
THE COURT: Did you work out what the rest of our
schedule looks like today?
MS. BUSH: We, we've got to go through two
witnesses, but now I'm thinking we're only going to get
through one.
THE COURT: You mean in addition to the plaintiff?
MS. BUSH: Yes.
THE COURT: Better than none. And after that, how
many you have? You have the one that we did not do today.
MS. BUSH: Yes. And then I'm doing Dr. Abraham for
part of my case.
THE COURT: But after the defendant, you have no
other witnesses?
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MS. BUSH: No.
THE COURT: Okay.
(Jury enters.)
THE COURT: Be seated, please.
Counsel will stipulate that the jury is present and
properly seated?
MS. BUSH: Yes.
MR. FORMAN: Yes, Your Honor.
THE COURT: Ladies and gentlemen, welcome back. We
are ready to resume the second half of the afternoon session.
You recall that the plaintiff, Ms. Chauca is on the stand.
Mr. Forman is continuing his cross-examination.
And you may proceed.
(Continued on next page.)
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CROSS-EXAMINATION (Continued)
MR. FORMAN:
Q Ms. Chauca, can you testify that the person who replaced
you in your job in physical therapy was Debra?
A Yes.
Q And she was out on maternity leave when you left?
A Yes.
Q And she came, you testified she came back after you left
on maternity leave?
A Yes.
Q So when she came back, she was returning from maternity
leave herself. Is that correct?
A Yes.
Q She took over your job?
A Yes.
MR. FORMAN: No other questions.
THE COURT: Ms. Bush, do you have any redirect?
MS. BUSH: Yes, Your Honor.
THE COURT: Proceed, please.
(Redirect continued on next page.)
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(Continuing)
REDIRECT EXAMINATION
MS. BUSH:
Q Mrs. Chauca, you testified earlier that you operated
range-of-motion machines?
A Yes.
Q And you did that separate to your normal duties, is that
correct?
A Yes, that was separate.
Q Did you get paid for that in your salary?
A They gave me a few checks separate from that, from my
paycheck, and then they would put it sometimes in my own
paycheck.
Q How much did they pay you to do the range-of-motion
machines?
A Sometimes it could be like fifty dollars, maybe a
hundred, that was for the range of motion. And when I did the
physical therapy work that the physical therapy -- we didn't
have a physical therapy -- therapist for three months.
Q So when Park didn't have a physical therapist, is it
correct that you did the physical therapist's work?
A Yes.
Q And you were paid with a separate check?
A Yes.
Q How often did that happen?
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A It happened for -- we didn't have a therapist for almost
three months, three -- three to four months we didn't have
one.
Q Three months you did the job of a physical therapist?
A Yes.
Q Do you remember when you filed your complaint with the
State Division of Human Rights?
A Yes, that was after, I think, November -- sorry, I'm bad
with dates. This is the first one because I know there's two
of them.
Q This is the first one.
A The first one, right, so this is -- yes --
MR. FORMAN: Your Honor, what is the witness
referring to? What is she looking at?
THE COURT: Are you looking at a document?
THE WITNESS: Yes, the one that he gave me before.
THE COURT: Could you identify it for us?
THE WITNESS: Oh, sure.
THE COURT: Is there a sticker on it?
THE WITNESS: Equal Employment Opportunity
Commission.
THE COURT: No, is there a little --
THE WITNESS: Exhibit B.
THE COURT: B, Defendants' Exhibit B.
BY MS. BUSH:
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Q What date was that?
A That was December 3, 2009.
Q And do you know what date you filed your federal court
complaint?
A That was done around --
THE COURT: Meaning this lawsuit here?
THE WITNESS: This is the lawsuit.
THE COURT: Yes.
A November, November 2010.
Q So nearly a year later you filed your federal court
complaint?
A Yes.
Q And you earlier testified that Jackie was pregnant at one
point?
A Yes.
Q When did she have her baby?
A I know it was a year after, so it must have been -- I
think it was around November, October -- October, I think, is
when she had her baby of 2010.
Q And do you know when she was rehired by Park?
A Oh, way after. I think a few months after that.
Q Was she rehired after you filed your federal court
complaint?
A Yes.
Q Did you ever attend any baby showers while you were at
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Park?
A No.
Q Did Park hold a baby shower for you?
A No.
Q Did they hold one for Jackie?
A No.
Q Or Debra?
A No. We collected money for Debra, the coworkers.
Q You testified earlier that you had one supervisor, is
that correct?
A Yes.
Q Did Dr. Abraham supervise you at all?
A I mean there was times that they would send us to him for
certain questions. If Ann Marie wasn't there, we would go to
him, but most of the time we would go to Ann Marie.
Q When you were out on maternity leave, did anyone ask you
to -- anyone at Park ask you to return to work earlier than
the date you told them in November?
A No. No, I've never heard from them.
Q And you testified that you received disability leave, is
that correct?
A Yes.
Q Who pays for your disability?
A Well, when -- I guess it goes through the job, right,
when you have disability? Because that's where I filled out
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the paper work. Sheila from accounts payable is the one that
helped me fill out the paper work.
Q Did Park pay your disability leave directly?
A No.
MS. BUSH: No further questions.
THE COURT: All right. You're excused, Mrs. Chauca.
MS. BUSH: I'll go get the next witness.
(Pause.)
(Witness enters.)
THE COURT: Ms. Bush has called another witness and
the clerk will swear her.
(Witness sworn.)
THE CLERK: Please state your first and last name
and spell it for the record.
THE WITNESS: Shirlie L. Evans, E-v-a-n-s.
THE COURTROOM DEPUTY: Thank you. Have a seat,
Ms. Evans.
THE COURT: Ms. Bush.
SHIRLIE L. EVANS ,
called as a witness, having been first duly sworn,
was examined and testified as follows:
(Continued on next page.)
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DIRECT EXAMINATION
BY MS. BUSH:
Q Good afternoon.
A Good afternoon.
Q Please, can you state your full name for the Court?
A It's Shirlie L. Evans.
Q Where do you live?
A Jamaica, Queens.
Q How long have you lived there?
A I've been living in Jamaica, Queens for over thirty-six
years.
Q Who do you live there with?
A My husband and my son that recently passed.
Q What do you currently do for a living?
A I'm retired.
Q How do you know the plaintiff in this case?
A I worked with Veronika at Park Health Center.
Q When was the last time you saw the plaintiff?
A Today.
THE COURT: Before today.
THE WITNESS: I would say 2010. She came to the
hospital when she found out that my son was in the hospital.
BY MS. BUSH:
Q Do you know the defendants in this case, Dr. Abraham?
A Yes, I worked with -- I work for Dr. Abraham.
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Q When did you work at Park, what dates?
A I worked at Park Health Center on May 2006.
Q Do you still work there?
A No.
Q When did you stop working there?
A I was let go on December 6th, 2011.
Q What was your position when you were there?
A I did the medical billing and collections.
Q Do you know the defendant Ms. Garriques here?
A Yes.
Q What was your professional relationship with her at Park?
A She was a coworker of mine at Park Health.
Q When you first started working for Park Health, were you
interviewed?
A Yes, I was.
Q Who were you interviewed by?
A I was interviewed by Ann Marie and Dr. A.
Q Can you tell me about the first interview with Ann Marie,
how did that go?
A It was cordial.
Q And when were you interviewed by Dr. A?
A The same day.
Q At the time you were interviewed by Ms. Garriques, what
position did she hold?
A She is the office manager. I had to think, it's been so
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long ago.
Q Did she also have a supervisory role, do you know?
A Yes, as a office manager.
Q What kind of things did she do as office manager?
A She delegated job duties. That's mainly it. Hiring and
firing, too.
Q Did you ever witness her hire anybody?
A Yes.
Q Who was that?
A She hired a young lady named Jackie Stern when I was
working there. She hired Veronika because I was working
there. She hired Debra. She hired a lot of people while I
was there.
Q Did you ever see her fire anybody while you were there?
A Yes.
Q Can you tell us about that, please?
A Well, I do know that she fired Jackie. She fired
Veronika. Who else?
Q Does Jackie still work at Park, do you know?
A I don't know because when I was let go on December 6th,
2011 I never went back. So I don't know if Jackie is still
there because I am her god -- son's godmother, but we have not
kept in contact with each other.
Q When was the last time you spoke to Jackie?
A The last time I spoke to Jackie was about 2012, and that
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was in the summer of 2012 when she had asked me to come and
pick up her son for her in an emergency basis. And I did do
that, but when I got there her son had already been picked up.
Q And how do you know that Ann Marie Garriques fired
Jackie?
A Because I had spoken to Jackie and she had told me --
MR. FORMAN: Objection, Your Honor.
THE COURT: Sustained.
BY MS. BUSH:
Q Your conversation with Jackie, what did you understand as
a result of that conversation?
A I had talked to Jackie because I wanted to know why she
hadn't been at work.
MR. FORMAN: Objection, Your Honor, not responsive.
THE COURT: I'm going to allow it.
A I talked to Jackie because I wanted to know why she was
not at work and she was telling me --
THE COURT: This is while you were still working?
THE WITNESS: While I was still working, yes, sir.
A And I was told by Jackie that she was --
MR. FORMAN: Objection, Your Honor.
THE COURT: You can't --
THE WITNESS: Okay, I'll rephrase it.
THE COURT: You have to wait for a question.
Q What did you understand as a result of your conversation
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with Jackie?
A I understood that Jackie was not being rehired.
Q Why was she out of work at that time?
A For maternity. She was very sick. She was very sick
when she was working at the office, so she was hospitalized
several times.
Q What date did she go out on maternity leave?
A I'm not really sure. I think it was in 2010, but I can't
tell you exactly. I think it's May of 2010, I'm not sure.
Q And when did you have that conversation with her when she
told you she'd been fired?
A Okay, I know the baby was born in October of 2010. And
right before the baby was born I asked her if she was coming
back to work, and at the time she told me she --
MR. FORMAN: Objection, Your Honor. I'd like both
the witness and the attorney to be admonished about hearsay.
THE COURT: It's not a question about being
admonished.
You can't -- Ms. Bush will not ask questions that
are going to ask for you to give in response the words that
some other person told you.
THE WITNESS: Okay .
THE COURT: So you can't provide that information.
THE WITNESS: No problem.
THE COURT: Because Mr. Forman is objecting to those
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questions and the Court has sustained those objections.
THE WITNESS: No problem.
MS. BUSH: Can you read back the question, please?
(Record read back.)
MR. FORMAN: Objection to that question, Your Honor.
THE COURT: Sustained.
BY MS. BUSH:
Q What was your understanding as a result of your
conversation with Jackie when she was on maternity leave?
A That she was not coming back, that she was fired.
Q Why had she been fired?
A I have no idea.
Q Who had fired her?
A Dr. A.
Q When was the last time you spoke to Jackie?
A Like I stated earlier, the last time I spoke to Jackie
was in the summer of 2012.
Q Is there any reason you haven't spoken to her since?
A No. I misplaced her number and I don't think that she
has my number stored.
Q You earlier testified that Ms. Garriques had fired Debra,
is that correct?
A Not fired Debra, no. I know that Debra was on maternity
leave and she did come back to work, but no, not fired her.
Q Did there come a time when the plaintiff became pregnant,
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Veronika?
A Yes.
Q When was that?
A Let me see, sometime -- I would say in 2010.
Q When Veronika went out on maternity leave, do you know
whether anybody covered her position as physical therapy aide?
A Yes.
Q Who was that?
A It was Debra. Debra was the person that covered her.
Q Did Veronika return to work after she had her baby?
A No.
Q Why not?
A Because she was fired.
Q Who fired her?
A Ann Marie.
Q Do you know why she was fired?
A No, I don't.
THE COURT: Did you see Ann Marie fire her?
THE WITNESS: No, I did not.
BY MS. BUSH:
Q How did you come to the information that she had been
fired by Ann Marie?
A We talked.
THE COURT: Who?
THE WITNESS: Veronika and I.
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THE COURT: So the basis of your information is what
the plaintiff told you?
THE WITNESS: Yes.
MS. BUSH: No further questions.
THE COURT: Mr. Forman, any cross?
MR. FORMAN: Yes.
CROSS-EXAMINATION
BY MR. FORMAN:
Q Ms. Evans, were you fired from Park Health?
A No, I was not.
Q How did your employment end?
A I was given a letter saying that my services was no
longer -- no longer needed because of the economy and because
my job was being outsourced.
Q When was that?
A December 6th, 2011.
Q And when you were given that note, were you pregnant?
A No, sir, I was not.
Q Were you disabled?
A No, I was not.
Q So you were fired for a reason other than pregnancy, is
that correct?
A I was not fired, sir.
Q You were laid off for a reason other than taking
maternity leave?
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A I never had maternity leave working at Park Health.
Q Okay.
THE COURT: The question is you came to leave Park
Health. How do you classify your departure? What do you call
it? Mr. Forman used the word fired, what do you call it?
THE WITNESS: I was laid off. I have a letter
stating that.
THE COURT: A letter from?
THE WITNESS: From Dr. A.
BY MR. FORMAN:
Q And you said that Jackie was fired by Dr. Abraham, is
that correct?
A Well, let me not say Dr. A. I will say Ann Marie because
she is the one that did the hiring and firing.
Q And how do you know that she was fired?
A Because when I stated this earlier it was objected, so --
THE COURT: It was a different question.
BY MR. FORMAN:
Q Not what she said, but how you know.
THE COURT: The rules, ladies and gentlemen of the
jury, sometimes the rules allow questions to be asked in
different ways to get to the same result. And it may seem a
little crazy or nutty to people not in the legal business, but
both of the lawyers and the Court try to follow the rules that
are the gatekeeper of evidence coming before you. So
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sometimes something can be rephrased, other times you'll hear
me give counsel an opportunity to rephrase a question or to
lay a foundation for a question, meaning that there may be a
correct way to get at what counsel wants to do. So that
brings us to Mr. Forman's question now.
BY MR. FORMAN:
Q How do you know that Jackie was fired?
A I spoke to Jackie and Jackie told me that Ann Marie was
giving her the run-around and was not allowing her to return.
Q And you also testified that you have no idea why she was
fired, is that correct?
A That's correct.
Q And you testified that --
THE COURT: Can you fix a date for that
conversation, an approximate time?
THE WITNESS: I can't, sir.
THE COURT: But this is while she's still on
maternity leave?
THE WITNESS: This is right after she had her baby.
THE COURT: Yes.
THE WITNESS: The baby was born in October 2011. So
it was after that. Now, what month, I can't exactly give you
the month.
THE COURT: That's the problem. See, I'm having a
problem. I think I heard you say that it was 2010.
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THE WITNESS: You're correct, it was 2010. I'll
rephrase -- I'm getting my dates mixed up because my son
passed around about the same time. So it was 2010 when the
baby was born, October, because it was almost five years. The
baby's almost five years old.
THE COURT: And we're all very sorry to hear of your
loss, Ms. Evans.
THE WITNESS: Thank you.
THE COURT: Now, again refresh me, when was it you
said you left, you were laid off approximately?
THE WITNESS: December 6th, 2011.
THE COURT: Now, was there a time between the time
Jackie had her baby and the time that you left, were laid off
that Jackie returned to work while you were there?
THE WITNESS: Yes, Jackie did return to work while I
was there.
THE COURT: And that came approximately when?
THE WITNESS: I would say in 2012.
THE COURT: But you were gone by then?
THE WITNESS: Yes. Yes.
THE COURT: So after Jackie gave birth did there
ever come a time when both you and Jackie were working at Park
Health?
THE WITNESS: I can't remember. I cannot remember.
BY MR. FORMAN:
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Q And is it your testimony that as far as you know, Debra
was not fired?
A No, but I know that Debra was having a hard time as well
coming back to work because that time that she was supposed to
come back, Ann Marie was doing her the same way that she was
doing Veronika, giving her the run-around.
Q And was that her first pregnancy or her second pregnancy?
A I don't know. How would I know that?
Q Well, you said you started Park -- working at Park in
2006?
A That's correct.
Q And you left December 2011?
A Correct.
Q And during that period of time while you were working at
Park how many times was Debra pregnant?
A As --
THE COURT: As opposed to giving birth.
A As far as I know, once.
Q And as far as you know, she only took maternity leave
once?
A As far as I know, yes.
Q Did you also work under the supervision of Jamie
Stockhauser?
A Janice Stockhauser?
Q Correct.
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A Yes.
Q And how did she supervise you?
A She never supervised me. She did her job and I did mine.
MR. FORMAN: No further questions.
MS. BUSH: Can I have redirect?
THE COURT: Any redirect -- yes, sure.
(Continued on following page.)
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Shirlie Evans - redirect - Bush
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(Continuing)
REDIRECT EXAMINATION
BY MS. BUSH:
Q You testified that Jackie had the baby in October 2010;
is that correct?
A Yes.
Q And you testified that she told you she had been fired;
is that correct?
A Yes.
Q What date did she tell you she had been fired, if you
remember?
A I can't.
Q Was it after her baby was born?
A Yes.
Q Do you remember whether she was fired when she was out on
maternity leave?
A No.
Q What was your reaction to Jackie telling you she had been
fired?
A I stated to Jackie that you're being treated the same way
as Veronika is being treated and something has to be done
about this.
Q What do you mean she was treated the same way as Veronika
was treated?
A Because when I had spoken to Jackie she had told me that
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Shirlie Evans - redirect - Bush
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132
she's trying to talk to Annmarie to come back to work and
Annmarie was giving her the runaround as well and would not
let her come back.
MS. BUSH: No further questions, thank you so much.
THE WITNESS: You are you're welcome.
MR. FORMAN: Nothing further.
THE COURT: Ms. Evans, you are excused.
THE WITNESS: Thank you.
(Witness excused.)
MS. BUSH: I have one more witness.
THE COURT: Give it a shot.
(Witness enters and takes stand.)
THE COURTROOM DEPUTY: Raise your right hand.
(Continued on following page.)
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Khan - direct - Bush
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133
C R Y S T A L K H A N,
called by The Plaintiff, having been
first duly sworn, was examined and testified
as follows:
THE COURTROOM DEPUTY: Please, state your first and
last name and spell it for the record.
THE WITNESS: Crystal Khan -- C-R-Y-S-T-A-L,
K-H-A-N.
THE COURTROOM DEPUTY: Thank you.
DIRECT EXAMINATION
BY MS. BUSH:
Q Good afternoon. Can you state your full name for the
Court?
A Crystal Khan.
Q Where do you live?
A I live 135-13 118th Street, South Ozone Park, New York,
11420.
Q How long have you lived there?
A I've live there had for about five years now.
Q And who do you live there with?
A I live there with my daughter.
Q How old is she?
A She is 7 1/2.
Q How do you know the plaintiff Veronika Chauca?
A We were co-workers at Park Health Center and we remained
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friends.
Q When is the last time you saw Veronika?
A I saw her a year-and-a-half ago.
Q So, you testified there was a time you worked at Park.
When was that?
A Between May 2009 and September 2010.
Q And what was your position there?
A I was a receptionist in the physical therapy department.
Q Were you interviewed for the job?
A Yes, I was.
Q Who interviewed you?
A Dr. Abraham and Ms. Annmarie.
Q Can you describe the interview by Ms. Annmarie Garriques?
What was that like?
A She reviewed my resume, I was actually referred to
Ms. Annmarie and Dr. Abraham from another doctor because I was
a patient there first. His name was Dr. Gomes. So, basically
I had a referral from him and they liked what they saw on my
resume.
Q And you were also interviewed by Dr. Abraham; correct,
that day?
A Yes.
Q Who were your co-workers at Park?
A Veronika, Jackie Stern and Debra Mehearwanlal.
Q Which department do you work in?
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A Physical therapy.
Q Did there come a time when Debra got pregnant?
A She was pregnant at the time I started there.
Q What date was that, please remind me?
A May 2009.
Q And Debra went out on maternity leave?
A At the same time, in May, 2009.
Q Were you covering for Debra?
A When I was hired, I was told it was a permanent position,
so basically, I just took over her position.
Q And Debra went straight out on maternity leave; is that
correct?
A Yes.
Q Did you ever see Debra when she was out on maternity
leave?
A Yes.
Q What happened when you saw Debra?
A She had come by the office in the summer of 2009 to see
Dr. Abraham and Ms. Annmarie Garriques and I saw they were
speaking and after she finished speaking with them, she was
upset. She have crying, in tears.
Q Do you know why she was crying?
A Yes. I had asked her what had happened and she said --
MR. FORMAN: Objection, Your Honor.
THE COURT: Sustained.
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Q You had a conversation with Debra while she was at the
office; correct?
A Yes.
Q And you saw her crying; is that correct?
A Yes.
Q What did you understand was the result of the
conversation with Debra?
A She was fired.
Q Who had fired her?
A Dr. Abraham and Ms. Annmarie Garriques.
Q Do you know why she was fired?
A Yes.
Q Why is that? The reason.
A She was on maternity leave too long.
Q Did Debra come back to work?
A Yes.
Q When was that?
A September of 2009.
Q So, had she been fired?
A Yes.
Q Why did she come back to work?
A She was going to sue them.
Q Who was she going to sue?
A Dr. Abraham and Ms. Annmarie Garriques.
Q How do you know that?
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A She informed me of that.
Q When Debra returned from her maternity leave, what role,
what position did she have?
A She had become a PTA, physical therapy assistant.
Q So, when she was returned from maternity leave, how many
physical therapy assistants were there in the physical therapy
department?
A At that time, it was two.
Q So, physical therapy aides, I think we should be saying?
A Yes.
Q So, who were the physical therapy aides with Debra? Who
else was there?
A Veronika and Jackie Stern.
Q Did there come a time when Veronika went out on maternity
leave?
A Yes.
Q When was that?
A She went out on maternity leave in, I'm sorry, in
December '09, I believe.
Q And Debra took over her -- Debra covered her position; is
that correct?
A Yes.
Q And did Debra -- sorry. Did Veronika come back from
maternity leave?
A No.
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Khan - direct - Bush
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138
Q Do you know why?
A They wouldn't give her, her position back.
Q Who wouldn't?
A Dr. Abraham and Ms. Annmarie Garriques.
Q How do you know this information?
A Veronika informed me of it.
Q What did she tell you?
MR. FORMAN: Objection, Your Honor.
Q As a result of the conversation with Veronika, what did
you understand had happened?
A That they had fired her.
Q You testified earlier that you worked with Jackie in the
physical therapy department --
A Yes.
Q -- is that correct?
What was Jackie's position?
A She is a physical therapy aide.
Q And did there come a time when Jackie became pregnant?
A Yes.
Q Do you remember when that was?
A In spring of 2010.
Q Did Jackie go out on maternity leave?
A Yes.
Q And did she return from maternity leave?
A No.
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Q What happened?
A She informed me that they wouldn't let her back.
Q Who wouldn't let her back?
A Dr. Abraham and Ms. Annmarie.
Q Did she tell that you she had been fired?
A Yes.
Q And was she out on maternity leave at the time she had
been fired?
A Yes.
MS. BUSH: No further questions.
Thank you.
THE COURT: Mr. Forman.
CROSS EXAMINATION
BY MR. FORMAN:
Q Ms. Khan, how many times was Debra pregnant while you
were working at Park Health Systems?
A Once.
Q And that was in May of '09?
A Yes.
Q And she didn't return until September of '09?
A Yes.
Q And other than what she told you, you don't know any
other reason why she was fired; do you?
A No.
Q And what about Veronika? Does all of your knowledge as
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far as Veronika being fired, that comes from Veronika herself;
isn't that correct?
A Yes.
Q And the same thing with Jackie. Jackie, the only way
that you know that Jackie was fired was because she told you?
A Yes.
Q And did Jackie Stern, did she ever go back to work at
Park Health Center?
A Yes.
Q And other than what Jackie might have told you why she
returned to Park Health Center, do you know why?
A No.
Q And Debra, of course, returned to Park Health Center?
A Yes.
Q And other than what Debra told you, you don't know why
she returned to Park Health Center?
A No.
MR. FORMAN: I have no other questions.
MS. BUSH: No further questions.
THE COURT: You are excused. Thank you, Ms. Khan.
THE WITNESS: Thank you.
(Witness excused.)
THE COURT: Ladies and gentlemen, it is serendipity
that brings us to the end of our work today. It is close to
5:00, which again, is our target. Sometimes we will leave
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earlier, sometimes we will leave later, but that is our
target.
We want to thank you all for your patience and
cooperation. You are going to be leaving for the night so it
is important to review with you again the admonitions that I
have given you.
You are to continue to keep an open mind about this
case. It has just started. Do not discuss the case amongst
yourselves or with anyone else. Should there be any media
accounts of this case, I direct you to disregard them. I
encourage you to disregard media counts about any cases for
fear that you might hear something about that other case that
might confuse you about what your role is in this case, so I
would strongly suggest you try to tune that out as well.
You cannot use the recess period as an opportunity
to do any research, to visit any of the locations, the places,
the names either by physically going there or reading about
them in a book or Googling any of the concepts, the statutes,
the personalities that have been discussed in testimony before
you this afternoon and again, if you are on social media, you
are in complete radio silence. You are not to mention the
fact that you are a juror in a case, mention this case, this
courthouse or the important work that you are doing here.
We look forward to you coming back refreshed
tomorrow. We are going to ask you to return to court at
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around a quarter to 10:00 tomorrow morning at the location
that William, our Deputy Clerk, will tell you.
Otherwise, enjoy a pleasant evening and we will see
you tomorrow.
THE COURTROOM DEPUTY: All rise.
(Jury exits.)
(In open court; outside the presence of the jury.)
THE COURT: That brings us to the end of the day.
And as I understand it, you just have the two defendants you
are going to call tomorrow.
MS. BUSH: Your Honor, yes.
THE COURT: Mr. Forman, do you have witnesses in
addition to your own clients?
MR. FORMAN: Yes, I think we have Debra and Jackie.
THE COURT: You will have them. So, we have a
relatively full day of testimony.
MS. BUSH: Are you not calling Sheila?
MR. FORMAN: And Sheila.
THE COURT: So there will be three witnesses in,
addition to the two.
MR. FORMAN: Yes.
Would you be able to have them testify in the
morning? We could have them here in the morning before
Dr. Abraham and Annmarie. We need to arrange it because
they're at work.
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MS. BUSH: No, I don't want to do that. I want to
finish my case.
MR. FORMAN: Oh, you don't want them to...
MS. BUSH: No, I don't need them.
MR. FORMAN: You are not questioning them.
MS. BUSH: No.
MR. FORMAN: Okay. I will have them come in the
afternoon.
THE COURT: Okay. Is there anything else?
ALL: No.
THE COURT: Then we will see you tomorrow.
ALL: Thank you, Your Honor.
THE COURT: Thank you very much. Enjoy the evening.
(Matter adjourned to Tuesday, April 14th at
10:00 a.m.)
oooOooo
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CMH OCR RMR CRR FCRR
144
I N D E X
WITNESS: PAGE:
VERONIKA CHAUCA
DIRECT EXAMINATION 26
CROSS-EXAMINATION 65
REDIRECT EXAMINATION 113
SHIRLIE L. EVANS
DIRECT EXAMINATION 118
CROSS-EXAMINATION 125
REDIRECT EXAMINATION 131
CRYSTAL KHAN
DIRECT EXAMINATION 133
CROSS EXAMINATION 139
EXHIBITS
Plaintiff's Exhibit 3 42
Plaintiff's Exhibit 4 53
Defendants' Exhibit B 73
Defendants' Exhibit C 76
Defendants' Exhibit J 92
* * *