Attorneys for former New York Racing Association head starter Hector Soler filed suit against NYRA in the United States District Court, Eastern District of New York, alleging discrimination, workplace retaliation, and misclassification as an overtime-exempt employee.
The lawsuit, filed Tuesday by attorneys Nadia Prevez, Aneeba Rehman, and Andrew Mollica, seeks compensatory damages, back pay, and punitive damages.
Soler worked at NYRA for 25 years, starting as a part-time assistant starter before advancing to head starter in 2020. According to court documents, he was the first Hispanic or Puerto Rican head starter in the organization’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 lawsuit states.
The filing claims Soler typically worked 52.5 to 62.5 hours weekly and should have received time-and-a-half pay for overtime hours.
The suit alleges NYRA violated the Fair Labor Standards Act and terminated Soler after he filed for workers’ compensation following a starting gate injury at Saratoga in 2024. Prior to this incident, court documents detail numerous injuries Soler sustained throughout his career, including:
- A dislocated shoulder requiring surgical intervention
- A torn right hip
- Abrasions to his L4 and L5 vertebrae
- A shattered right elbow requiring surgery, resulting in permanent nerve damage
- A broken index finger
- Nerve damage from being kicked in the head by a horse
- A torn ACL requiring total replacement
- A meniscus injury on August 4, 2024, requiring a complete transplant
According to the lawsuit, Soler’s direct supervisor, Juan Dominguez, was notified about the August 2024 injury but asked him to continue working because no replacement was available. Soler sought medical attention, received a cortisone injection, and was prescribed pain medication before taking protected medical leave on September 11, 2024, eventually filing a workers’ compensation claim.
The suit further alleges that while still on leave, Soler received his first-ever negative performance review on December 8. NYRA allegedly began searching for Soler’s replacement during his leave, seeking to replace him with a white male. Soler was terminated 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.
