Chiara v. Town of New Castle

126 A.D.3d 111, 2 N.Y.S.3d 132
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 14, 2015
Docket2012-06659
StatusPublished
Cited by154 cases

This text of 126 A.D.3d 111 (Chiara v. Town of New Castle) 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
Chiara v. Town of New Castle, 126 A.D.3d 111, 2 N.Y.S.3d 132 (N.Y. Ct. App. 2015).

Opinions

OPINION OF THE COURT

Leventhal, J.

In this case of first impression for this Court, we are primarily asked to determine whether a plaintiff alleging discrimination in employment on the basis of religion in violation of Executive Law § 296 can establish a prima facie case by alleging that he was discriminated against because of the religion of his spouse. For the reasons discussed below, we answer this question in the affirmative.

In 1992, the plaintiff was hired by the defendant Town of New Castle as a highway laborer, and later promoted to the position of machine equipment operator. The plaintiff, who is not Jewish, is married to a Jewish woman. According to the plaintiff, shortly after he began working for the Town in 1992 or 1993, he heard his coworkers make several remarks “in reference to the Jewish religion and Jewish beliefs.” He then informed his coworkers that his wife was Jewish. One of the plaintiffs coworkers, the defendant Michael Molnar, nevertheless continued to repeatedly make anti-Semitic remarks in the plaintiffs presence, and to harass him. Among other things, the plaintiff claims that, shortly after the commencement of his employment, Molnar referred to him several times as a “Jew lover,” and said that “Hitler had the right idea with the Jews to make lamp shades out of their skin.” The plaintiff made numerous complaints about Molnar’s comments to his supervisors, but Molnar’s offensive conduct persisted. The tension between the two men escalated on May 17, 2002, when the plaintiff confronted Molnar over his anti-Semitic and derogatory remarks, telling him that enough was enough and that the comments had to end. A heated exchange followed, resulting in Molnar’s suspension, without pay, for two weeks. Molnar was also required to enter into a stipulation with the Town in which he agreed that if he used “offensive, threatening, or demeaning language” toward his coworkers, it could result in the termination of his employment.

In January 2005, the plaintiff commenced this action against the Town, Molnar, and Gerard Moerschell, as Commissioner of [114]*114the Department of Public Works for the Town, to recover damages for, among other things, discrimination in employment and a hostile work environment in violation of the New York State Human Rights Law (see Executive Law § 296).1

In an amended verified complaint dated July 12, 2006, which added Town Administrator Gennaro Faiella as a defendant, the plaintiff alleged that Molnar and the other defendants discriminated against him because his wife was Jewish. More specifically, the plaintiff alleged that in March 2005, general foreman Jan Schwark and supervisor Mark Orser informed him that Moerschell and Faiella were “attempting to force subordinate supervisors to discipline plaintiff.”

The plaintiff also alleged in his complaint that in June 2005, highway foreman Michael Clifford, upon hearing the name of a person that the Town was going to hire, allegedly said, “That Jew will not get a job here.” In June 2005, assistant highway foreman John O’Hearn, while driving, allegedly yelled to another driver, “Don’t even think about it Jew boy.” Also in June 2005, Clifford, in an attempt to explain where to place certain road signs, allegedly said, “Place them on the curve by the Jew farm.” In addition, in June 2005, Clifford, referring to a passerby, allegedly said, “He looks like a Jew.”

Disciplinary Charges

In June 2006, more than one year after the plaintiff commenced this employment discrimination action, the Town filed disciplinary charges against him, alleging seven instances of “misconduct and/or insubordination.” After an administrative hearing pursuant to Civil Service Law § 75 in September 2006, the Hearing Officer rejected the plaintiffs contention that the charges were brought in retaliation for his commencement of the action. Upon finding the plaintiff guilty of five charges of misconduct (using profane language toward a supervisor, missing a departmental meeting and making an inappropriate remark to his supervisor, falsely calling in sick on two consecutive days, leaving work without permission, and visiting a bagel shop during working hours), the Hearing Officer recommended that the plaintiff be terminated from his employment. The Town adopted the Hearing Officer’s recommendation, and the plaintiff was terminated from his employment on March 28, 2007.

[115]*115The plaintiff filed a petition pursuant to CPLR article 78 to review the Town’s determination, contending that the disciplinary charges had been instituted against him in retaliation for his commencement of this action. The proceeding was transferred to this Court (see CPLR 7804 [g]), which confirmed the determination, denied the petition, and dismissed the proceeding (see Matter of Chiara v Wells, 61 AD3d 973 [2009]). This Court concluded that the plaintiff had failed to allege sufficient facts to show that the disciplinary charges had been instituted against him in retaliation for his commencement of this action, and that “[t]he determination that the [plaintiffl was guilty of misconduct is supported by substantial evidence in the record” (id. at 973).

In an order dated August 16, 2007, the Supreme Court, among other things, granted the defendants’ motion for summary judgment dismissing the amended complaint to the extent that it pertained to the charges sustained in the disciplinary proceeding, and denied the plaintiffs cross motion for leave to further amend the amended complaint to add a claim for retaliation based upon his termination from his employment.

On appeal from the order dated August 16, 2007, this Court affirmed the order insofar as appealed from, holding that the doctrine of collateral estoppel applied to the issues of misconduct and retaliation which had been litigated and sustained in the prior disciplinary proceeding so as to bar the plaintiff from relitigating those issues (see Chiara v Town of New Castle, 61 AD3d 915 [2009]). We specifically noted, however, that so much of the amended complaint as alleged employment discrimination, disparate treatment, and hostile work environment in violation of the State Human Rights Law was not subject to dismissal based upon the doctrine of collateral estoppel (see id. at 916).

The Defendants’ Motion for Summary Judgment

In October 2011, the defendants moved for summary judgment dismissing the remaining causes of action in the amended complaint on the ground that the plaintiff could not establish a prima facie case of employment discrimination, and could not set forth a triable issue of fact as to his claim of a hostile work environment. With regard to the employment discrimination claim, the defendants argued that the plaintiff could not establish a prima facie case because he himself was not a member of a protected class, and there was no authority for allowing a [116]*116claim of discrimination under the State Human Rights Law to proceed based upon a spouse’s religion. The defendants further argued that the plaintiff could not establish that his discharge occurred under circumstances giving rise to an inference of discrimination. Moreover, the defendants maintained that, even if the court were to find that the plaintiff was a member of a protected class, his discharge was based upon legitimate and nondiscriminatory reasons. In support, they noted that this Court had found that there was substantial evidence that the plaintiff was guilty of misconduct with respect to the disciplinary charges.

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Cite This Page — Counsel Stack

Bluebook (online)
126 A.D.3d 111, 2 N.Y.S.3d 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chiara-v-town-of-new-castle-nyappdiv-2015.