Two female teachers 'fired after being caught making out in a Brooklyn classroom' want city to give them back wages they lost

  • Cindy Mauro, 39, says the New York City Department of Education slapped her with an unfair two-year suspension 
  • Mauro says her fellow language teacher, Alini Brito--who was married-- got only a one-year suspension for the 'exact incident and misconduct' 
  • They were initially fired and sued to get back their jobs, which a state court of appeals granted them because the tryst was after-hours
  • They are now suing for back wages and to get back their seniority, which affects their future pay 

By Dailymail.com Reporter

Published: | Updated:

Two teachers that were fired after they were allegedly seen making out at their school are suing the city for back wages and for losing their seniority.

Cindy Mauro and Alini Brito were both working at James Madison High School in 2009 when they sneaked away for some one-on-one time while watching a school musical, being caught by school safety agents 'partially undressed' in a classroom.

They were fired at first from their jobs but later rehired, and had previously sued for back wages. 

Now they are suing claiming they lost their seniority as a result of their alleged actions, which affects their future pay. 

The New York Post reports Mauro is earning $79,654 a year and Brito makes $66,487 a year.

Cindy Mauro
Alini Brito

Cindy Mauro, 39, (left) and Alini Brito (right) are suing for back wages and lost of seniority after being fired for allegedly making out after hours

The alleged at incident occurred at James Madison High in Brooklyn (above) in 2009

The alleged at incident occurred at James Madison High in Brooklyn (above) in 2009

Mauro, 39, previously said the New York City Department of Education slapped her with an unfair two-year suspension after she was caught in a suspicious embrace with Brito.

Brito, who was married, received half the suspension, according to the suit Mauro filed in Manhattan Supreme Court earlier this year.

'The penalty of a two year suspension is irrational, particularly harsh and shocking to the conscience when the arbitrator imposed a penalty of suspension despite the fact that other teachers had received significantly less severe penalties for crimes and inappropriate misconduct involving students and even other teachers,' reads the suit.

The two language teachers were initially fired after a school janitor reported to have seen the alleged lesbian sexual interlude in a classroom.

They sued and got their jobs back after an appeals court in Manhattan ruled in their favor in a decision handed down in 2014.

Mauro's lawyers had recommended she get a reprimand and a fine, noting she'd already been out of the classroom for five and a half years because of the charges, the Daily News reported in July.

Mauro's lawyers also noted their client 'had an impeccable record prior to the misconduct' and that the 'lapse in judgment was a one-time mistake, which would not affect her ability to teach.'

Sine the allegations first arose - on the word of a janitor who claimed he saw the two women engaged in sexual activity - both teachers denied they were ever naked, alleging that the custodian who walked in on them during a school talent show had a vivid imagination. 

They claimed to have gone into the classroom in order for Brito to rest following 'problems with low blood sugar.'

Lawyers representing the city said in court documents that the teachers’ alibi was hard to believe because no medical equipment was found in Room 337, where the pair allegedly was busted.

The city also pointed out that Brito and Mauro had climbed six flights of stairs before arriving at their destination, passing multiple classrooms and more than one bathroom — unlikely behavior for someone suffering from low blood sugar.  

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