Crawford v. Department of Investigation

324 F. App'x 139
CourtCourt of Appeals for the Second Circuit
DecidedMay 13, 2009
DocketNo. 07-4793-cv
StatusPublished

This text of 324 F. App'x 139 (Crawford v. Department of Investigation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. Department of Investigation, 324 F. App'x 139 (2d Cir. 2009).

Opinion

Appeal from a judgment of the United States District Court for the Southern District of New York. The district court granted the defendants’ motion for summary judgment in this employment discrimination and retaliation action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and the New York State and City Human Rights Laws. The court concluded that, assuming the plaintiffs had made out a prima facie case of discrimination, the defendants proffered sufficient evidence that the plaintiffs had been discharged because of unsatisfactory performance or the elimination of their jobs, and the plaintiffs proffered insufficient evidence that those reasons were pretext for discrimination. It concluded too that plaintiffs Ledlum and Smith had [141]*141failed to establish a prima facie case of retaliation.

We assume the parties’ familiarity with the facts and procedural history of this case, and the issues presented for review.

“We review de novo a district court’s grant of summary judgment.” Coan v. Kaufman, 457 F.3d 250, 254 (2d Cir.2006). “[Cjonstruing the evidence in the light most favorable to the nonmoving party,” Mitchell v. Shane, 350 F.3d 39, 47 (2d Cir.2003), we may affirm only “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law,” Fed.R.Civ.P. 56(c). “[A] fact is ‘material’ if it ‘might affect the outcome of the suit under the governing law.’ ” Mitchell, 350 F.3d at 47 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). “A fact issue is ‘genuine’ if ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Id.

“The ultimate issue in an ADEA case is whether the plaintiff has proved by a preponderance of the evidence that ‘her age played a motivating role in, or contributed to, the employer’s decision.’ ” Holtz v. Rockefeller & Co., 258 F.3d 62, 76 (2d Cir.2001) (quoting Renz v. Grey Advert, Inc., 135 F.3d 217, 222 (2d Cir.1997)). The ultimate issue in a Title VII discrimination case is whether the plaintiff has proved by a preponderance of the evidence “that the employer’s determination was in fact the result of racial [or, as relevant here, gender] discrimination.” Holcomb v. Iona College, 521 F.3d 130, 138 (2d Cir.2008).

In either type of antidiscrimination action, the McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), burden-shifting framework applies. Holtz, 258 F.3d at 76; Holcomb, 521 F.3d at 138; see also Salamon v. Our Lady of Victory Hosp., 514 F.3d 217, 226 n. 9 (2d Cir.2008). “[T]he plaintiff must first establish a prima facie case of discrimination ... by showing that (1) she was within the protected ... group, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) that action took place in circumstances giving rise to an inference of discrimination.” Holtz, 258 F.3d at 76-77; see also Holcomb, 521 F.3d at 138. “ ‘By making out this minimal prima facie case, ... the plaintiff creates a presumption that the employer unlawfully discriminated, and thus places the burden of production on the employer to proffer a nondiscriminatory reason for its action.’ ” Holtz, 258 F.3d at 77 (quoting James v. N.Y. Racing Ass’n, 233 F.3d 149, 154 (2d Cir.2000)) (other internal quotation marks omitted); see also Holcomb, 521 F.3d at 138.

If and when the employer meets that burden of production, “ ‘the McDonnell Douglas framework ... disappears] and the sole remaining issue ... [is] discrimination vel non.’ Holtz, 258 F.3d at 77 (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142-43, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)). The plaintiff must then prove the ultimate issues without any “benefit of ... intermediate burdens and presumptions.” M; see also Holcomb, 521 F.3d at 138. The plaintiff may satisfy this burden by showing “pretext,” i.e., that the employer’s proffered reason was false, see, e.g., Reeves, 530 U.S. at 143, 147, 120 S.Ct. 2097; but even in the absence of such a showing, a plaintiff may prevail by demonstrating that “an employment decision was motivated both by legitimate and illegitimate reasons,” Holcomb, 521 F.3d at 141-42; see, e.g., Reeves, 530 U.S. at 147, 120 S.Ct. 2097 (“Proof that the defendant’s explanation is unworthy of credence is simply one form [142]*142of circumstantial evidence that is probative of intentional discrimination .... ”); Holtz, 258 F.3d at 78.

“[I]f the record conclusively reveal[s] [a] nondiscriminatory reason for the employer’s decision, or if the plaintiff create[s] only a weak issue of fact [as to pretext] and there [i]s abundant and uncontrovert-ed independent evidence that no discrimination ha[s] occurred,” then the employer is entitled to judgment as a matter of law. Reeves, 530 U.S. at 148, 120 S.Ct. 2097; see also Richardson v. Comm’n on Human Rights & Opportunities, 532 F.3d 114, 125-26 (2d Cir.2008) (concluding that “overwhelming evidence” of legitimate reason for dismissal warranted judgment as a matter of law (internal quotation marks omitted)).

The plaintiffs make two broadly applicable arguments that the decision to discharge them in the context of the Department of Investigation’s (“DOI”) reduction in force was discriminatory. First, they point to evidence of certain “age related remarks” by high-level DOI employees. Comments can supply direct evidence of discrimination, see Stanojev v. Ebasco Servs., Inc., 643 F.2d 914, 921 (2d Cir.1981), but not without evidence connecting the remarks to the employment action at issue, see, e.g., Tomassi v. Insignia Fin. Group, Inc., 478 F.3d 111, 115-16 (2d Cir. 2007); Danzer v. Norden Sys., Inc., 151 F.3d 50, 56 (2d Cir.1998); Ostrowski v. Atl. Mut. Ins. Cos.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
324 F. App'x 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-department-of-investigation-ca2-2009.