A former municipal worker claims he was subjected to discrimination and retaliation at his workplace because of his religion, national origin, and race, according to a new federal lawsuit. The complaint was filed by Yasser Elmetwally in the United States District Court for the Southern District of New York on March 5, 2026, naming the City of New York as well as three individual supervisors—Joseph Shehata, Didarul Alam, and Anjella Babayeva—as defendants.
Elmetwally’s legal filing reports that he is a male of Egyptian descent and a practicing Muslim who began working for the City in March 2022 as a Traffic Enforcement Agent. He later transferred to the Department of Social Services’ Human Resources Administration (HRA) as a Management Auditor in January 2024. According to the complaint, Elmetwally believes he experienced a hostile work environment from multiple supervisors due to his background and religious practices.
The complaint outlines several incidents that Elmetwally claims demonstrate discriminatory treatment. For example, during his hiring process with HRA in December 2023, an employee allegedly referenced September 11 in relation to Elmetwally’s religion after asking about his immigration status. After starting his auditor position in January 2024 under supervisor Didarul Alam—who is identified as acting under color of state law—Elmetwally says he received initial praise but soon faced reprimands for minor issues such as email etiquette. During one meeting about an email message sent to colleagues outside his unit, supervisors reportedly told him: “we are not in Egypt.”
The complaint further describes interactions where Elmetwally’s religious observances were questioned or mocked. On April 11, 2024, while celebrating Eid with coworkers by bringing kosher pastries, Deputy Assistant Commissioner Babayeva allegedly asked him if he wanted to “poison us.” Around this time, another supervisor reportedly asked probing questions about where he prayed during Ramadan.
Elmetwally also details disciplinary actions that followed what he characterizes as routine workplace conduct or misunderstandings. In April 2024, after taking a sick day for dental treatment but submitting an amended doctor’s note due to an incorrect date from the dentist’s office—which he corrected by hand before notifying his supervisor—he was accused by management of submitting false documentation. Despite subsequent positive performance reviews recommending retention by supervisor Didarul Alam through July 2024, Elmetwally says negative evaluations began appearing alongside denials of equipment upgrades provided to non-Muslim colleagues with less seniority.
In August 2024, after disputing criticisms in his evaluation and suggesting that disparate treatment could warrant an Equal Employment Opportunity (EEO) complaint if it continued, Elmetwally received two disciplinary memos within weeks. One memo accused him of failing to comply with instructions regarding cell phone use during meetings—a claim he disputes—and another alleged improper use of external devices for clocking in when technical issues prevented access via his assigned laptop.
By September 2024, internal communications cited in the filing show supervisors discussing termination based on various performance concerns and disciplinary incidents. When attempts to terminate Elmetwally for work performance did not succeed due to insufficient documentation according to the City’s office of disciplinary affairs, focus shifted toward attendance-related allegations involving timekeeping system usage.
On November 6, 2024, another manager advocated for termination citing “insubordination,” “falsification of documents,” and violations related to timekeeping policy. The specific reasons included several clock-in/out incidents between April and October 2024 along with disagreements over performance evaluations. On November 20, 2024, Elmetwally was terminated from employment.
Following termination, when Elmetwally applied for unemployment insurance benefits the City contested them on grounds of misconduct linked primarily to timekeeping infractions rather than all previously cited reasons for dismissal. An administrative law judge ruled that these actions did not amount to misconduct under state labor law standards.
The lawsuit brings six claims against the defendants: discrimination under Section 1983 based on race, national origin or religion; discrimination under Title VII; violation of New York State Human Rights Law; retaliation under both federal civil rights statutes and state law; as well as aiding or abetting discriminatory conduct by individual supervisors. The plaintiff seeks compensatory damages including lost pay and benefits; emotional distress damages; punitive damages where applicable; reinstatement; injunctive relief; statutory damages; attorneys’ fees; costs; disbursements; and any other relief permitted by law.
Yasser Elmetwally is represented by Peter J Famighetti at Famighetti & Weinick PLLC. The case identification number is Case No. 1:26-cv-01822.
Source: 126cv01822_Yasser_ELemetwally_v_City_of_New_York_Complaint_Southern_District_of_New_York.pdf
