A 33-year-old seasonal highway worker for the New York City Department of Transportation says his Brooklyn supervisors spent years mocking his bowel disease, denying him bathroom accommodations, and calling him names like “diaper boy” before he finally sued the city. Joseph LaBarbera claims the harassment grew so severe that he was pushed out of work or forced onto unpaid leave while facing threatened termination over a medical condition he says his bosses treated as a joke.
According to a New York Daily News report, LaBarbera has sued New York City along with two district supervisors, Guy Ferraro and Joseph Schiavo, alleging disability discrimination and retaliation under the Americans with Disabilities Act. LaBarbera lives with ulcerative colitis, rheumatoid arthritis and an atrial septal defect, conditions he says caused uncontrolled bowel movements and severe chronic pain on the job. He started as an assistant city highway repairer at a DOT facility on Flatlands Avenue in Canarsie in May 2022, and the lawsuit alleges his condition began flaring roughly two months into the job.
Truck Keys, Insults and a Name That Stuck
LaBarbera alleges Ferraro forced him to drive a work truck rather than use his own vehicle, then taunted him by jingling the truck's keys in front of him while coworkers watched, according to the same report. He says he was branded with cruel nicknames including “diaper boy” and a slur referencing soiled pants. The lawsuit attributes a statement to Ferraro telling LaBarbera: “You know, I wouldn’t let nobody else know this. You’re lucky you have me as your boss, because anybody else would just put you on a truck right now and tell you to s— your pants all over the place.”
The harassment allegedly escalated when Schiavo, another district supervisor, joined in starting in March 2023. LaBarbera claims Schiavo dismissed his medical needs outright, telling him, according to the lawsuit: “Don’t give me that bulls—t about anxiety or your stomach. You’ll do as I say. Remember, this isn’t a real job.” Around that period, LaBarbera says his morning restroom breaks climbed from three or four times to as many as five to seven times.
Transfer Requests Denied or Deemed Impractical
LaBarbera says he asked to use his personal car instead of a city truck specifically so he could have easier access to parking and bathrooms, but the request went nowhere. He requested a transfer to a DOT facility on Staten Island in 2024, and when that didn't materialize, he filed a formal hardship transfer request in April 2025 — which the city denied, per the Daily News account.
The city did eventually offer alternatives, but LaBarbera says neither was workable. A proposed Manhattan post would have required him to commute by train and ferry, which he considered unrealistic given his condition. He was then offered a different Staten Island position in August, but he declined it, arguing it did not undo the harm he says he had already suffered.
An EEO Investigator's Advice: More Diapers
Perhaps the most striking detail in the complaint involves the city's own Equal Employment Opportunity process. LaBarbera alleges an EEO investigator advised him to wear extra diapers, pack additional changes of clothing, and locate a hidden garbage can rather than receive a structural accommodation. The lawsuit states he submitted medical documentation and communicated repeatedly with the department's EDI and HR offices, and was later required to resubmit his reasonable-accommodation request after an earlier request and appeal were both denied.
LaBarbera says he spent more than a year trying to secure an effective accommodation, all while facing threatened termination and stretches out of work or on unpaid leave. Attorney Melissa Vo said LaBarbera's experience was deeply damaging personally and professionally, according to the Daily News report.
What the Law Requires — and What's Still Unanswered
Under guidance published by the NYC Department of Citywide Administrative Services, every city agency is required to provide employees with reasonable accommodations that allow them to perform the essential functions of their job and enjoy equal employment. Separately, the U.S. Equal Employment Opportunity Commission notes that a qualified individual with a disability is one who can perform a job's essential functions with or without such accommodation, and that employers must accommodate the known limitations of qualified employees.
Ferraro and Schiavo were unreachable for comment, the Daily News reported. The DOT did not return a request for comment, and the New York City Law Department declined to comment. The report does not indicate whether the city or the department has filed a formal response to the lawsuit, and it's not yet clear whether any disciplinary action has been taken against either supervisor.
