Plaintiff files a lawsuit against a public school district, alleging retaliation and wrongful termination. Jennifer Herlihy, the plaintiff, filed her complaint in the United States District Court for the Southern District of New York on February 23, 2026, against Yonkers Public Schools and two individuals in their official capacities.
Jennifer Herlihy accuses her former employer, Yonkers Public Schools, along with Superintendent Anibal Soler Jr. and Associate Superintendent Stephanie McCaskill, of retaliating against her for advocating on behalf of special education students. Herlihy alleges that this retaliation violated several laws including The Rehabilitation Act, the Americans with Disabilities Act (ADA), and the New York State Human Rights Law (NYSHRL). According to Herlihy’s complaint, she was employed as the Director of Special Education starting December 19, 2024. Shortly after beginning her role, she identified numerous violations concerning special education compliance within the district. These included failures to conduct timely evaluations and provide necessary services to students with disabilities. Herlihy claims that her efforts to address these issues led to retaliatory actions by the defendants.
Herlihy recounts how she attempted to collaborate with school principals and state education officials to rectify these issues but faced obstruction from McCaskill who barred her from meetings with state representatives. Subsequently, her supervisory duties were reassigned without explanation. In March 2025, while on vacation, Herlihy received an email instructing her to report to Human Resources upon return. She was then placed on administrative leave and eventually terminated in May 2025 following a board decision based on what she describes as pretextual justifications.
In addition to her termination as Director of Special Education, Herlihy contends that Yonkers Public Schools further retaliated by not hiring her for a Speech-Language Therapist position despite being qualified. She argues that the school district’s decision was intended to legitimize their refusal due to a policy against rehiring terminated employees.
Herlihy is seeking economic damages including compensation for emotional distress and punitive damages where applicable. She also requests declaratory judgments affirming violations of federal and state laws by the defendants alongside coverage for legal costs incurred during this litigation process.
Represented by attorney Michael T. Donnelly from Glass & Hogrogian LLP located at 85 Broad Street in New York City; this case will be heard under Case ID: 7:26-cv-01510 before judges yet unnamed at filing time.
Source: 726cv01510_Jennifer_Herlihy_v_Yonkers_Public_Schools_Complaint_Southern_District_of_New_York.pdf
