An office manager at Heritage Hills condominium community in Somers claims she was demoted to part-time status and stripped of health insurance because she was diagnosed with cancer.
Mary Lou Martelli of Brewster sued Heritage Hills Society and Heritage Management Services on March 16 in U.S. District Court, White Plains, accusing them of violating federal employment and state human rights laws.
“Ms. Martelli has been an extremely loyal and dedicated employee for Heritage Hills for the past 16 years,” the lawsuit states. “Her commitment and dedication, however, were not reciprocated.”
The society and the management company did not reply to messages asking for their sides of the story.
Heritage Hills comprises 2,600 condominium homes, golf courses, swimming pools and other recreational facilities on a 1,100-acre site.
Martelli was the office manager at the activities center.
Last July she was diagnosed with multiple myeloma, according to the lawsuit, and began an unpaid leave of absence that was scheduled to run through October. She hoped to return to work in November.
Her plans were delayed.
She underwent chemotherapy treatment. She suffered from “incredible pain” and was unable to walk or care for herself. She was hospitalized twice for pneumonia, underwent surgery to strengthen her left leg and spent two weeks in a rehabilitation center.
In October, Dom Rubino, president of the Heritage Hills Society board, sent Martelli two letters. He said she could not be granted an extended, indefinite leave, she could not work remotely and her health insurance would end at the end of the month, according to the complaint.
Then John Milligan, an employee of Heritage Management Services, notified Martelli that her position was being eliminated and she would work part time without benefits. He allegedly said many of her responsibilities had been assumed by others, the volume of emails and phone calls was greatly diminished and the use of the activities building was limited.
The new job description, according to the lawsuit, was almost the same as before, “with the exception of a new title, lower pay, and part-time status. ”¦ This was simply a ruse to eliminate her health benefits.”
She said she had no choice but to accept the job; she needed the income to pay for health insurance as she continued to fight the cancer.
She was allegedly told she could not work remotely, as she had requested, because people were constantly coming and going to the office.
But during her first six days back in the office this month, only two residents came in, and “both came specifically to welcome her back.” In all, 21 people came to the office, including maintenance staff and co-workers, for an average of 3.5 visits a day.
Martelli claims that Heritage Hills discriminated against because she has cancer, denied her reasonable accommodations to do her job and retaliated against her.
She is demanding reinstatement of her health insurance and previous position; back pay and lost benefits; and damages for emotional distress, pain and suffering, and mental anguish.
She is represented by Greenburgh attorney Howard Schragin.
