Ashok v. Barnhart

289 F. Supp. 2d 305, 2003 U.S. Dist. LEXIS 19279, 2003 WL 22461841
CourtDistrict Court, E.D. New York
DecidedOctober 30, 2003
Docket2:01-cv-01311
StatusPublished
Cited by27 cases

This text of 289 F. Supp. 2d 305 (Ashok v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashok v. Barnhart, 289 F. Supp. 2d 305, 2003 U.S. Dist. LEXIS 19279, 2003 WL 22461841 (E.D.N.Y. 2003).

Opinion

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendant Jo Anne Barnhart, Commissioner of the Social Security Administration (“SSA” or “Defendant”), moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment dismissing the Complaints of Plaintiff Uma Ashok (“Ashok” or “Plaintiff’). The Court heard oral argument on June 27, 2003.

This is an employment discrimination case in which Plaintiff originally filed two separate actions. In CV-01-1311, Plaintiff claims that beginning in November 1992 she was subjected to a hostile work environment because of both her national origin and her religion and that she was retaliated against for filing several related EEOC complaints and grievances. Plaintiff alleges that additional incidents of dis *308 crimination, harassment and retaliation occurred between January 11 and April 27, 1993.

In CV-01-6708, Plaintiff similarly claims that acts of discrimination and harassment on the basis of her national origin and religion took place against her in November 1994. At oral argument the parties agreed to consolidate the two separate actions into one, 01-CV-1311.

For the following reasons, Defendant’s motion is GRANTED as to Plaintiffs claims of a hostile work environment claims and DENIED as to Plaintiffs claims of retaliation.

BACKGROUND 1

A. General Background

Plaintiff is of Asian Indian national origin and is of the Hindu faith. She is currently employed with the SSA as a claims representative. (Riley Deck, Ex. 1 at 15, 70.) Plaintiff has been employed by the SSA since March 1980 and has worked in SSA’s Lindenhurst District Office since October 1987. (Id.) As a claims representative, Plaintiff collects information to determine applicants’ eligibility for disability, retirement, survivor and Medicare benefits. (Id. at 33-34.) Plaintiff is also the guardian of her disabled son, Ajay Ashok, and the representative payee of his disability payments. (Riley Deck, Ex.l at 104).

B. Alleged Evidence of Hostile Work Environment and Retaliation

Plaintiff claims subjection to a hostile work environment due to her national origin and religion, beginning on or about November 1992. Plaintiff also claims she suffered retaliation for filing several EEOC complaints and grievances. Plaintiff does not clearly state which actions support each claim, and many of her allegations are cited to support both claims.

1. Hostile Work Environment Claim

Certain of Plaintiffs allegations more clearly relate to her claim of a hostile work environment than others. Specifically, Plaintiff claims that on or about November 19, 1992, she found the words “Bloody Indian” scrawled on her jacket while it hung in an office closet. (Pl.Dep.122, 124.) Plaintiff also alleges that the next day, coworker Carolyn Starr threatened to “break her legs.” (PkDep. 121-125.) Plaintiff further contends that she suffered harassment in February 1993 when a Valentine’s Day poster placed in her office lunchroom asked, “Uma loves ?” (PI. Dep. 118; Riley Deck Ex. 2.)

Plaintiff attempts to support her hostile work environment claim with her supervisor Dolores Guidice’s (“Guidice”) “memory joggers” or notes regarding employees. Plaintiff cites Guidice’s note dated February 25, 1993, which states that a colleague of Plaintiff said “she was very uncomfortable at the meeting yesterday [and] wanted me to know that [Plaintiff] is very very sick,” and that the colleague said “she pictures [Plaintiff] coming in with a bomb, a gun or some sort of violence.” (Pl.Ex.9.) The note contains no statements regarding Plaintiffs nationality or religion. (Id.)

Plaintiff claims that discriminatory animus was directed toward her son when the SSA tried to remove her as the representative payee for her disabled adult son. (Pl.Ex.18) As evidence, Plaintiff claims that the cover of her son’s SSA file was marked with the statement, “Advise Management Of Any Activity On This Case.” *309 (Pl.Ex.17.) Plaintiff also claims that while SSA reviewed her son’s file only four times between 1975 and 1990, the SSA subsequently reviewed his file four times in 1992 alone. (Id)

Plaintiff claims subjection to additional acts of harassment between January 11 and April 27, 1993. Plaintiff contends that during this time period:

(1) SSA improperly accused of her of mishandling claims, and that supervisors made these accusations to retaliate for Plaintiffs filing of grievances and complaints. Plaintiff argues that SSA superiors ordered her to take actions in violation of SSA policies, while Defendant disagrees with Plaintiff about the propriety of the ordered actions and states that any related reprimands represent routine supervisory responses to employees who do not follow procedures.

(2) SSA improperly reprimanded Plaintiff even though she acted “by the book” when she requested leave to testify at a union grievance. Plaintiff claims that her supervisor directed her to request administrative leave to appear for a grievance meeting and offers a statement by her union president that he “never had to sign [an administrative leave request] in the past.” Plaintiff further claims that SSA refused her compensatory religious leave in 1991 and also that she had to file a grievance in order to attend Asian Pacific American Conference.

2. Retaliation Claim

Plaintiff claims SSA retaliated against her for filing six EEOC complaints and two union grievances between March 1992 and June 1995 by denying her 18 to 22 promotions. (Pl.Ex.4.)

Plaintiff claims she was denied these promotions because of low evaluations, while Defendant disputes that Plaintiff received poor evaluations. Plaintiff concedes that she always received rankings of at least “satisfactory” on each performance evaluation, but argues that this rating represents a lower rating than she deserved and that this ranking prevented her from receiving promotions. (Riley Decl. Ex. 1 at 69, 114.) Defendant argues that Plaintiff has' been a GS-11, the highest grade available for an SSA claims examiner, since 1993. (Riley Decl. Ex. 1 at 23). Plaintiff responds that similarly-situated claims representatives have been promoted to higher grades and proposes to offer evidence of such promotions at trial. (PI. Decl.Ex. 11).

Plaintiff submitted a Stipulation dated July 25, 1997, whereby Defendant and Plaintiff agreed to dismiss one of her EEOC complaints in exchange for Defendant counseling Plaintiff on obtaining a promotion. (Pl.Ex.5.) Plaintiff provided a list of eighteen positions for which she applied but was ultimately not selected and also submitted her resume, which shows that she earned both a college degree and some graduate-level credits.

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Bluebook (online)
289 F. Supp. 2d 305, 2003 U.S. Dist. LEXIS 19279, 2003 WL 22461841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashok-v-barnhart-nyed-2003.