Brennan v. City of Phila.

388 F. Supp. 3d 516
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 25, 2019
DocketCIVIL ACTION NO. 18-1417
StatusPublished
Cited by8 cases

This text of 388 F. Supp. 3d 516 (Brennan v. City of Phila.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brennan v. City of Phila., 388 F. Supp. 3d 516 (E.D. Pa. 2019).

Opinion

DuBois, J., District Judge

I. INTRODUCTION

Plaintiff Charles Brennan asserts that he was terminated from his position with the City of Philadelphia for voicing concerns over several perceived unlawful practices, including racially discriminatory hiring and violation of public contract award requirements. Plaintiff asserts retaliation claims against defendants the City of Philadelphia, Mayor James Kenney, and City officers Christine Derenick-Lopez and Jane Slusser pursuant to 42 U.S.C. § 1981 ; Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000(e) et seq. ; the First Amendment pursuant to 42 U.S.C. § 1983 ; the Pennsylvania Whistleblower Law, 42 Pa. Cons. Stat. §§ 1421 et seq. ; the Pennsylvania Human Relations Act ("PHRA"), *51843 Pa. Cons. Stat. §§ 951 et seq. ; and the Philadelphia Fair Practices Ordinance ("PFPO"), Phila. Code §§ 9-1101 et seq. Presently before the Court is Plaintiff's Motion to Compel Defendant Mayor James Kenney's Deposition. For the reasons that follow, the Motion is denied.

II. BACKGROUND

The facts as set forth in this section are taken from the allegations in plaintiff's Second Amended Complaint.

In January 2016, plaintiff was hired as the City of Philadelphia's ("City") Chief Information Officer ("CIO"), responsible for overseeing technology matters for City. See Second Am. Compl. ("SAC") ¶¶ 18-19. As CIO, he reported to, and was supervised by, Christine Derenick-Lopez, City's Chief Administrative Officer. Id. ¶ 20. Over the next two years, plaintiff reported a series of concerns to defendants, including (1) racially discriminatory hiring, (2) the City's failure to follow public bidding process requirements, (3) the City's failure to act on a City contractor's missed deadlines, and (4) requests that plaintiff attend gender sensitivity training. Plaintiff was ultimately terminated in January 2018. Id. ¶ 21.

In November 2015, after Mayor James Kenney was elected, he began a hiring initiative to diversify City's workforce. Id. ¶¶ 17, 23. To implement this initiative, City's Chief Diversity Officer, Nolan Atkinson, met with plaintiff multiple times in 2016 and 2017 to address the racial composition of plaintiff's office. Id. ¶ 33. At these meetings, Atkinson informed plaintiff, inter alia , that his department was "too white" and directed plaintiff to diversify his hires to reflect the demographics of Philadelphia-namely, by hiring more African-American and Hispanic individuals. Id. ¶¶ 33-34. Believing that these hiring directives were unlawfully discriminatory, plaintiff complained to Derenick-Lopez, who was required by her duties as Chief Administrative Officer to communicate concerns of discrimination to defendants Kenney and his Chief of Staff, Jane Slusser. Id. ¶¶ 35-36. These complaints were not addressed by any party. Id. ¶ 37. Instead, Derenick-Lopez "suggested at times" that it would be "good for [his] career" if plaintiff hired more minorities. Id. ¶ 38. On occasion, Derenick-Lopez told plaintiff it was a shame the best candidate was white, because they needed to hire an African-American for the position. Id. ¶ 42. Plaintiff continued to object to these hiring practices in the months leading up to his termination in January 2018. Id. ¶ 44.

Second, plaintiff alleges retaliation for complaints he made about a contract that City entered with Axon Enterprises, Inc., in 2017 to purchase 4,000 body cameras for City patrol officers. Id.

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Bluebook (online)
388 F. Supp. 3d 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-v-city-of-phila-paed-2019.