Attorneys for Dismissed NYRA Starter Soler File Discrimination Suit

[Wandering Eyes]

Attorneys for former New York Racing Association head starter Hector Soler have filed suit against NYRA in the United States District Court, Eastern District of New York, alleging discrimination, retaliation in the workplace, and misclassification as an employee exempt from earning overtime.

The suit was filed Tuesday by attorneys Nadia Prevez, Aneeba Rehman, and Andrew Mollica, and seeks compensatory damages, back pay, and punitive damages.

Soler worked at NYRA for 25 years, starting as a part-time assistant starter and working his way up to the role of head starter in 2020. The suits says that he was the first-ever Hispanic or Puerto Rican head starter in the company's history. “Despite attaining a reputation as one of the preeminent starters in New York horse racing, Mr. Soler faced unlawful discrimination and retaliation in the workplace (and) was mis-classified as an exempt employee who was ineligible for overtime, when in fact, his duties were manual in nature and he routinely worked over 40 hours in a given work week.”

The suit says that Soler typically worked 52.5 to 62.5 hours per week and should have been due time and a half for the overtime.

The suit charges that in addition to violating the Fair Labor Standards Act, under which he was due overtime pay, NYRA fired him after he filed for workmen's compensation after being injured in the starting gate at Saratoga in 2024. Prior to that incident, the suit says that Soler had suffered a dislocated shoulder which required surgical intervention; had torn his right hip; suffered abrasions to his L4 and L5 vertebrae; shattered his right elbow, requiring surgery, which led to permanent nerve damage; broke his index finger; suffered nerve damage when he was kicked in the head by a horse; tore his ACL, requiring a total replacement; and finally, on August 4, 2024, injured his meniscus, leading to a complete transplant.

The suit alleges that Soler's direct supervisor, Juan Dominguez, was notified about the injury and asked him to continue working despite it, because no one else could replace him. Soler sought medical attention and was given a cortisone injection and prescribed pain medication, but on Sept. 11, 2024, took protected medical leave and eventually filed a workers compensation claim.

The suit goes on to allege that on Dec. 8, while he was still on leave, he received a his first-ever negative performance review. The suit claims that NYRA began looking for Soler's replacement while he was still on leave, seeking to replace him with a white male. Soler was fired on March 2, 2025.

“The complaint speaks for itself,” said Mollica. “Hector Soler was an exemplary, beloved employee with a spectacular record of employment. He worked through numerous injuries and literally left body parts on the field to do his job in an outstanding manner. We are fully prepared to litigate every aspect of this matter, but, of course, remain hopeful that a resolution can be achieved.”

Patrick McKenna, NYRA's Vice President of Communications, said that NYRA would decline comment on the matter.

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