Brennan v. Metropolitan Opera Ass'n

284 A.D.2d 66, 729 N.Y.S.2d 77, 2001 N.Y. App. Div. LEXIS 7360
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 2001
StatusPublished
Cited by21 cases

This text of 284 A.D.2d 66 (Brennan v. Metropolitan Opera Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brennan v. Metropolitan Opera Ass'n, 284 A.D.2d 66, 729 N.Y.S.2d 77, 2001 N.Y. App. Div. LEXIS 7360 (N.Y. Ct. App. 2001).

Opinion

OPINION OF THE COURT

Ellerin, J.

Plaintiff Martha Ellen Brennan claims that, on the basis of her sexual orientation, her former employer, the Metropolitan Opera Association (the Met), her former supervisor at the Met, David Kneuss, and the Met’s general manager, Joseph Volpe, refused to renew her contract and subjected her to a hostile work environment, in violation of New York City law. She appeals from an order granting summary judgment to defendants, and we affirm.

Plaintiff’s claims are among several causes of action she brought against these defendants in a suit commenced in April 1995 in the United States District Court for the Southern District of New York. Plaintiff alleged that defendants refused to renew her employment contract and subjected her to a hostile work environment because of her age, her sex and her heterosexual orientation, thereby discriminating against her under federal law (42 USC § 2000e-2 [a] [1] [prohibiting discrimination “because of * * * sex”]; 29 USC § 623 [a] [1] [prohibiting discrimination “because of * * * age”]) and state law (Executive Law § 296 [1] [a] [prohibiting discrimination “because of * * * sex”]), as well as New York City municipal law (Administrative Code of City of NY § 8-107 [1] [a] [prohibiting discrimination because of “actual or perceived * * * sexual orientation”]). In a decision affirmed by the United States Court of Appeals for the Second Circuit, the District Court dismissed [68]*68plaintiffs age and sex discrimination claims and, in the exercise of its discretion, declined to exercise supplemental jurisdiction over her claims of sexual orientation discrimination under New York City law (Brennan v Metropolitan Opera Assn., 1998 US Dist LEXIS 5562, 1998 WL 193204 [SD NY, Apr. 22, 1998], affd 192 F3d 310). Plaintiff then commenced this state Supreme Court action on her sexual orientation discrimination claims.

The IAS court held, as a matter of first impression, that plaintiff is protected, as a heterosexual female, under the New York City law against employment discrimination based on sexual orientation. As the court explained, “The fact that discrimination against heterosexuals is not as pervasive as that found against homosexuals does not change the clear wording of the municipal law nor does it lessen the impact of such prejudices on the individuals involved.” However, the court granted defendants’ motion for summary judgment dismissing the complaint upon its finding that plaintiffs evidence failed to establish that defendants refused to renew her contract because of her sexual orientation or created a hostile work environment. Our exhaustive review of the record compels us to the same conclusion.

The basic facts are as follows. Plaintiff, a heterosexual female, began working for the Met as secretary to PB, the executive stage director, during the 1987-1988 season. As executive stage director, PB supervised and made staffing decisions for the Met’s stage directing department, which consists of stage directors and assistant stage directors. In her capacity as PB’s secretary, plaintiff had only limited contact with defendant David Kneuss, a stage director at that time, but she says he was aloof and generally ignored her. Kneuss is a homosexual male. Plaintiff returned as PB’s secretary for the 1988-89 season with the understanding that she would be working at least part of the time for Kneuss. She describes Kneuss during her stint as his secretary as “friendly,” “gregarious,” and “charming.” In any event, to gain experience as an assistant stage director, plaintiff left the Met at the end of the 1988-89 season to work at other theatrical companies outside New York and to study languages in Germany.

In the 1989-90 season, Kneuss assumed many of PB’s responsibilities, and at the end of that season he invited plaintiff to return to the Met as an assistant stage director on a production of Der Rosenkavalier scheduled for the 1990-91 season. Plaintiff accepted Kneuss’s offer and in the summer of 1990 [69]*69entered into a “Standard Principal’s Contract (Weekly)” with the Met. The contract, signed by defendant Volpe for the Met, provided in pertinent part that plaintiff would work as an assistant stage director for a total of 11 weeks over the course of the 1990-91 season. By the 1990-91 season, Kneuss had become executive stage director. On the infrequent occasions on which they interacted, plaintiff found Kneuss to be cordial, though not quite as “warm” or “gregarious” as in the past. On the whole, however, she described her experience during that season as “positive.”

In accordance with the Met’s practice of informing its seasonal employees in February of each year whether they will be rehired for the following season, in February 1991, the Met sent plaintiff a letter advising that she would not be rehired for the 1991-92 season. Notwithstanding, Kneuss offered her a position as assistant stage director on a production of The Magic Flute that he was scheduled to direct during the 1991-92 season. Plaintiff then entered into a second “Standard Principal’s Contract (Weekly)” with the Met, which was substantially identical to the first.

Plaintiff’s problems began during production of The Magic Flute. Kneuss criticized her work and, according to plaintiff, his demeanor toward her changed. Through his “manner of speaking, his tone of voice, the expression on his face, the look in his eye” and his “overall general attitude,” Kneuss treated plaintiff daily in a “degrading” and “demeaning” manner. It was also during the 1991-92 season that plaintiff first noticed a set of photographs tacked up on a bulletin board in the assistant stage directors’ common office above the desk of SP, an assistant stage director who plaintiff asserts is homosexual. The photographs depicted men in various states of undress.

In February 1992, plaintiff received a letter from the Met offering to renew her contract for the 1992-93 season, and she entered into a third “Standard Principal’s Contract (Weekly),” identical to the previous two. Plaintiff says that Kneuss’s rude behavior “intensified” during that season, and that she found working for him “depressing and demoralizing.” She also continued to take offense at the photographs hanging above SP’s desk. In addition, plaintiff complains of a “lewd” conversation she overheard during the 1992-93 season between Kneuss and JF, the artistic administrator of the Met, who plaintiff asserts is homosexual.

In January or early February 1993, Kneuss told plaintiff that he expected assistant stage directors to progress to the [70]*70point where they became full stage directors. Plaintiff replied, “I don’t know if I want to direct.” In February 1993, plaintiff received a letter from the Met informing her that she would not be rehired for the 1993-94 season. Although she met with Kneuss a number of times, she was unable to persuade him to rehire her, and her last day at the Met was April 16, 1993.

The Met’s Refusal to Renew Plaintiff’s Contract

Plaintiff claims that defendants refused to renew her contract because of her sexual orientation, i.e., they were motivated by animus against heterosexuals. In accordance with the order and nature of proof as outlined in McDonnell Douglas Corp. v Green (411 US 792; see also, Walsh v Covenant House,

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284 A.D.2d 66, 729 N.Y.S.2d 77, 2001 N.Y. App. Div. LEXIS 7360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-v-metropolitan-opera-assn-nyappdiv-2001.