A claim of gender discrimination and a hostile workplace filed by the former director of El Museo del Barrio has been dismissed following an investigation by New York State human rights officials. Museum officials had always contended that Margarita Aguilar, the former director, was dismissed for poor performance.
“We agree with the Division of Human Rights’ decision to dismiss the complaint outright,†Tony Bechara, chairman of the board of El Museo said in a statement released late Monday. “We are happy to put this chapter behind us.â€
Neither Ms. Aguilar nor her lawyer, Donald A. Derfner, responded to requests for comments on the finding of “no probable cause†of unlawful discrimination. The determination and order was filed late last week. Ms. Aguilar filed her complaint with the New York State Division of Human Rights in February. Among her complaints were an environment in which her ability to hire and fire employees was undercut and the allegation that she was told to lose weight and dress better.
Ms. Aguilar claimed that Mr. Bechara told her and another staff member that they were “acting like hysterical women†in a discussion about Ms. Aguilar’s attempt to fire a staff member. Ms. Aguilar also claimed that Yaz Hernández, the former board president, gave her unsolicited advice to shape her eyebrows and once told her that she made enough money for a better wardrobe.
In the state response, officials said, “These comments, if made, do not rise to the level of severity or pervasiveness so as to constitute a hostile work place. Moreover, there is an insufficient showing that only females were subject to comments about their appearance. In fact, the investigation revealed comments about dress have been made to other directors, male and female.† The determination also stated that its investigation found that Mr. Bechara told Ms. Aguilar “you are acting hysterically,†not that “you are acting like a hysterical woman.â€
Ms. Aguilar was notified by the museum officials that she was fired in a letter she received on Feb. 14. The letter listed several reasons for her firing, including dereliction of duty, insufficient fundraising and ineffective leadership. But Ms. Aguilar contended that she was let go in retaliation for voicing her concerns internally and her complaint to the state.
The discrimination complaint and firing came at a time of turmoil for El Museo. With fundraising slipping, the museum had just laid off 8 of its 41-person staff, required all staff members to take furloughs for two months and cut back on the number of days it was open, from six to four.
El Museo, at 1230 Fifth Avenue at 104th Street in East Harlem, is considered a major center for Latino art and culture. Founded in 1969, its permanent collection contains pre-Columbian TaÃno artifacts, as well as 20th-century drawings, paintings, sculptures, prints and photography.
