On January 22, 2003 two young people from Port Washington, a town that prides itself on its diversity and sense of community, filed a complaint with the New York State Division of Human Rights and the United States Equal Employment Opportunity. Alice Szaluta and Nick Reichmann had between them put in ten years of service at Blockbuster, the national entertainment company whose local outlet is at 19 Soundview Shopping Center. At the end of last year both employees, the only employees of Blockbuster, Port Washington with disabilities, had their hours reduced and then stopped entirely. Neither employee was given any indication their job was at risk or that their hours would not be reinstated. Instead, they said they were left to discover for themselves, that the scheduling was not an administration error or a temporary situation, but that they had been intentionally terminated.

Alice Szaluta, 28, moved to Port Washington 25 years ago. Despite having learning difficulties, she remained in the mainstream schools and was in the class of 1992 that graduated from Schreiber High School. She was employed at Blockbuster in September 1995, by the then manager Richard Berry and maintained a position there for more than seven years.

Nick Reichmann, 19, has cerebral palsy and attended Henry Viscardi School until he graduated in June 2001. He had worked part-time at Blockbuster since May of 2000 and continued to do so even after leaving school and taking a full-time position at the Port Washington Public Library. During the library's refurbishment when staff were cutback Blockbuster was unable to offer Nick full-time hours so he took a position in Manhattan working for a large investment firm. Nick enjoyed his job at Blockbuster so much that, despite his daily commute to the city, he continued working there on weekends.

According to Ali's mom, Fran Szaluta, the trouble began when Ali came home in mid-October and told her that the current manager at Blockbuster, Ken Gardner, had said business was slow and had cut back her hours. Both Fran and Ali accepted this and when Ali's hours were cut altogether they believed that it would only be a matter of time before she was reinstated. Fran said, "I thought things would pick up by December at the latest." Ali and Fran called in regularly to see what the situation was and were told there was no change. It was only when Nick suffered a similar experience and Fran was approached by Nick's mom that she began to suspect the truth. Joanne Reichmann told Fran, "Their hours haven't been temporarily cut. They've been terminated, go down and check."

Like many people in life who face special challenges and potential discrimination, Ali and Nick have always worked harder than most to prove themselves. Ali would often get home from a busy day and a message would be on her machine asking her to come in and cover for other Blockbuster employees who had called in sick or not shown up. Fran said, "It didn't matter what time it was, Ali loved her job and with no dinner no sitting down, nothing, she would jump into her uniform and go in." Joanne Reichmann said Nick also showed a greater respect and responsibility for his position than others in the same job. She said that on more than one occasion Nick was the only person to contact a manager or another store to let them know the store had not been opened because the person with the keys had not turned up.

Ali and Nick regularly received compliments from customers for their work and one customer was so impressed with Nick's achievements he wrote a letter of commendation to Blockbuster congratulating them for employing someone who "delivers consistently good service." Ironically, considering recent events, the customer ended his letter by writing, "I am sure you realize what an asset Nick is to your store and that your customers appreciate this." Ali not only received compliments from the customers but in September 2000 also received an accolade from Blockbuster themselves. She was presented with a Certificate of Recognition for Notable Achievement that said it was "in grateful appreciation and recognition of five years loyal and conscientious service."

Ali and Nick were naturally devastated when they learned they would not be returning to their jobs and they and their families made every effort to discuss the problem with Blockbuster. When the families' efforts were rebuffed at the local and national level, local officials Mayor Tom Pellegrino and Legislator Craig Johnson tried to help by reaching out to Blockbuster but the responses were still unsatisfactory. The belated and unconvincing reasons for the terminations included Nick and Ali not putting in enough hours and their not meeting the quota for sales of DVDs. Fran said, "If the hours were an issue they should have spoken to us and if the job requirements had changed they should have offered training. No one spoke to Ali to say that after seven-and-a-half years she was under performing. They just stopped putting her on the schedule."

After all reasonable efforts had been made to hold a dialogue, Legislator Johnson turned to his employers the law firm, Reisman, Peirez & Reisman, L.L.P., who quickly agreed to take on the case of discrimination pro bono. Ali's Mom said, "It is so wonderful they were willing to do this. We are not looking for some huge payout. We simply want Ali and Nick to be treated fairly. I know how much it would cost if I had to pay an attorney to fight this but I wasn't able to get an answer in three months."

Finally, and as a last resort, on January 22, 2003 Reisman, Peirez & Reisman, L.L.P. filed a dual complaint with the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission against Blockbuster, Inc. in Dallas, TX. Just one of the many interesting points made by the complaint is that Nick had in fact requested more hours in July 2002 and a district manager, Ms. Donovan, said she would see if this was possible. A month later Ken Gardner became the general manager and Nick never received the increase in hours he had requested. The complaint also notes that this is not the first time Ali and Nick have suffered discrimination while working for Blockbuster. In the fall of 2001 a recently appointed general manager fired Ali and afterward other members of staff told Nick that he "would be next" because he was disabled. Shortly after this, however, the general manager was himself fired and replaced by two assistant managers who then re-hired Ali. (Later that year, however, she was again let go by a new manager.)

Fortunately Ali and Nick's current predicament received airtime on ABC Channel 7 Eyewitness News, which appears to have increased the priority of this issue with Blockbuster. The report included a response from Blockbuster's head office in Dallas, which stated, "We are looking into the facts surrounding the termination of these two employees and based on the findings it's possible one or both could be reinstated." Nick's mom was not impressed, she said, "Both Nick and Ali have been unfairly treated, how can Blockbuster say they are considering taking only one back?" A spokesman at Blockbuster, Dallas told the Port Washington News, "Blockbuster is an equal opportunity employer and with 65,000 employees nationally we have several [employees] across the country with disabilities." He reiterated the statement broadcast on Eyewitness News but added, "hiring and firing decisions are made at a local level and as we investigate this, if there is a problem there, we will take the appropriate action." Shortly after that statement was made, the Port Washington News tried to contact the local manager at the center of the controversy, Ken Gardner, for his comments. Port News was told by a Blockbuster's member of staff, "Mr. Gardner is no longer with the company."

While Ali and Nick are still waiting to hear if they are going to be reinstated, both families are pleased with the support they have received from many people in the community and especially from Craig Johnson and Reisman, Peirez & Reisman, L.L.P.. Johnson stressed that the sole purpose of the complaint is to ensure Ali and Nick are treated fairly. He said, "Nick and Ali are eager and helpful people and have both been really hurt by the rejection and the cold and callous way they have been treated. I hope it is resolved quickly for Nick and Ali's sake and people will realize that people with disabilities can do the job and must be treated with respect."