The assistant manager of Leewood Golf Club in Eastchester claims he was fired after he complained that the club was not enforcing Covid-19 protocols.
Andrew Balint of Hartsdale sued Leewood for disability discrimination in a complaint filed Aug. 2 in U.S. District Court, White Plains, based on an alleged failure to accommodate him for his vulnerability to Covid-19 because he suffers from diabetes and asthma.
“This matter is in litigation so we cannot go into details,” club manager Mauro Piccininni said in responding to a request for the club”™s side of the story. “However, Leewood believes that the allegations are without merit.
“The club has always and will continue to follow and adhere to all Covid safety protocols. Further, the club has an impeccable record of treating all of its staff with dignity and respect and would never discriminate against any staff member for any reason.”
Balint was hired in 2019 and, according to the complaint, he disclosed his diabetes and asthma to Piccininni.
Last year, during the first few months of the pandemic, he worked remotely. When the club announced it would reopen on June 10, 2020, Balint said he helped implement safety guidelines.
But he claims the club was “lax on enforcement,” for instance, taking no action when staff refused to wear masks.
He reminded Piccininni about his health conditions, the complaint states. Later that day he was placed on furlough, with medical benefits and the ability to return to full-time employment at a later date.
Piccininni allegedly told Balint that the club”™s board was pressuring him to require Balint to physically return to work.
After Balint said he would seek a doctor”™s recommendation for working remotely, he was fired as of June 14, 2020.
Balint and the club exchanged messages about how he could be reinstated. On July 3, 2020, he returned to work, the complaint states, based on assurances that the club would adhere to state and federal safety guidelines.
A week later, Leewood held a golf outing attended by more than 100 members and guests. At the time, according to the complaint, the state limited “nonessential gatherings” to no more than 50 people.
Balint “observed rampant disregard for ”¦ face masks and social distancing,” the complaint states, by staff, club members and guests, and he was “shocked by the flagrant disregard for even the most basic Covid-19 safety guidelines.”
After working 14 hours that day, Balint said, he told Piccininni that he had to leave to protect his health and safety. Twenty minutes later, Piccininni fired Balint by email.
Balint filed a complaint with the U.S. Equal Employment Opportunity Commission.
In Leewood”™s version, the EEOC found Balint had publicly embarrassed the club at the golf outing when he told Piccininni he had had “enough of this shit show” and left.
Leewood”™s position was that Balint was fired for abdicating his job and for insubordination.
The EEOC also found that the club had falsely claimed to have followed all state and federal Covid-19 guidelines at the golf outing. Almost no one wore a face mask or practiced social distancing, the EEOC said, and no signs encouraged people to wear masks.
By firing Balint for complaining, the EEOC determined that the club had unlawfully retaliated against him.
After an informal conciliation process failed, the EEOC notified Balint on July 28 that he could sue the club.
Balint charges Leewood Golf Club with disability discrimination and retaliation under state and federal laws.
He is demanding back pay, front pay, the value of lost benefits and other damages. He is represented by Manhattan attorney Russell E. Adler.
