Kirkland v. Cablevision Systems

760 F.3d 223, 2014 WL 3686090, 2014 U.S. App. LEXIS 14223, 123 Fair Empl. Prac. Cas. (BNA) 1436
Court of Appeals for the Second Circuit·Decided July 25, 2014·No. Docket No. 13-3625-cv·Published·Cited by 303 cases

Opinion

PER CURIAM.

Pro se Plaintiff-Appellant Garry Kirkland appeals from two decisions by the District Court (Preska, C.J.) granting Defendant-Appellee Cablevision Systems (“Cablevision”) summary judgment and dismissing Kirkland’s Title VII discrimination and retaliation complaint. According to Kirkland, who was, in 2008, Ca-blevision’s only African-American Area Operations Manager (“AOM”), his former employer discriminated against him and ultimately fired him based on race. Kirkland also argues that Cablevision retaliated against him for repeatedly complaining to Human Resources about racial discrimination.

The District Court granted Cablevision summary judgment on Kirkland’s Title VII race discrimination claims and denied it summary judgment on his retaliation claims. Kirkland v. Cablevision Sys., No. 09-cv-10235, 2012 WL 4513499, at *4 (S.D.N.Y. Sept. 30, 2012). On motion for reconsideration, the District Court granted Cablevision summary judgment on Kirkland’s retaliation claims and declined to exercise jurisdiction over his pendent state law claims. Kirkland v. Cablevision Sys., No. 09-cv-10235, 2013 WL 4509644, at *3 (S.D.N.Y. Aug. 23, 2013).

In awarding Cablevision summary judgment, the District Court overlooked evidence raising a genuine factual dispute as to whether Cablevision’s justifications for firing Kirkland were a pretext for race discrimination and retaliation. A rational jury, viewing the disputed evidence in Kirkland’s favor, could find that Cablevision discriminated against Kirkland and fired him in violation of Title VII. Summary judgment is, therefore, inappropriate.

We VACATE the District Court’s orders granting Cablevision summary judgment on Kirkland’s discrimination and retaliation claims and dismissing Kirkland’s pendent state law claims, and REMAND for trial.

DISCUSSION

We assume the parties’ familiarity with the facts and proceedings below.

“This court reviews grants of summary judgment de novo.” Terry v. Ashcroft,, 336 F.3d 128, 137 (2d Cir.2003). Summary judgment is appropriate only “if the mov-ant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). We review the evidence and draw all rational inferences in the non-movant’s favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

When a plaintiff proceeds pro se, the court must construe his submissions liberally and interpret them “to raise the strongest arguments that they suggest.” Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir.1994). Only “if it appears beyond [225] doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief,” will the court affirm summary judgment. Terry, 336 F.3d at 137 (internal quotation marks and alterations omitted) (vacating, in part, a grant of summary judgment).

Kirkland’s Title VII race discrimination and retaliation claims are subject to the McDonnell Douglas burden-shifting standard.1 See Gorzynski v. Jet-Blue Airways Corp., 596 F.3d 93, 106, 110 (2d Cir.2010) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). To state a prima facie case of race discrimination, a plaintiff must proffer evidence that (1) he belongs to a protected group; (2) he was qualified for his position; (3) his employer took an adverse action against him; and (4) the adverse action occurred in circumstances giving rise to an inference of race discrimination. See Terry, 336 F.3d at 138. To state a prima facie case of retaliation under Title VII, a plaintiff must proffer evidence that he engaged in a protected activity, such as complaining about race discrimination, and that his employer took an adverse action in retaliation. See Gorzynski, 596 F.3d at 110.

Once an employee makes a prima facie case of either discrimination or retaliation, the burden shifts to the employer to give a legitimate, non-discriminatory reason for its actions. See McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. If the employer does so, the burden then shifts back to the plaintiff to show that the employer’s explanation is a pretext for race discrimination or retaliation. Id. With respect to a discrimination claim, “once the [employer] has made a showing of a neutral reason for the complained of action, to defeat summary judgment ... the [employee’s] admissible evidence must show circumstances that would be sufficient to permit a rational finder of fact to infer that the [employer’s] employment decision was more likely than not based in whole or in part on discrimination.” Terry, 336 F.3d at 138 (internal quotation marks omitted). With respect to a retaliation claim, the employee’s admissible evidence must show “that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer.” Kwan v. Andalex Grp. LLC, 737 F.3d 834, 835 (2d Cir.2013) (internal quotation marks omitted) (quoting Univ. of Texas Sw. Med. Ctr. v. Nassar, — U.S. -, 133 S.Ct. 2517, 2533, 186 L.Ed.2d 503 (2013)).

While the District Court recognized that Kirkland had stated prima facie cases of race discrimination and retaliation, it held that Kirkland lacked sufficient evidence of pretext to rebut Cablevision’s seemingly legitimate, non-discriminatory reasons for firing him — primarily, poor performance reviews and affidavits from three regional managers whom Kirkland supervised.

We disagree with the District Court’s conclusions.

The record contains enough evidence that, if credited, could support a jury’s finding that Cablevision’s rationale for Kirkland’s treatment and eventual termination was a pretext for illegal race discrimination and retaliation.2 For exam-[226] pie, Kathryn Nivins, an Asian-American female whom Robert Cockerill hired to replace Kirkland, testified that Cockerill explained Kirkland’s termination by criticizing Kirkland’s failure to discipline one of his regional managers (all of whom were African-American). S.A. 320-21. Nivins testified that Cockerill told her that Cockerill “ha[d] come to learn that they don’t know how to police each other.” S.A. 321. Nivins also testified that, during her interview, Cockerill gave her an “overview” of these managers’ strengths and weaknesses, explaining that “his opinion was that [the regional office] could lighten up a bit.” S.A. 321.

Other examples of proffered evidence, which could support a finding of pretext, if at least several were believed, follow:

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Kirkland v. Cablevision Systems, 760 F.3d 223, 2014 WL 3686090, 2014 U.S. App. LEXIS 14223, 123 Fair Empl. Prac. Cas. (BNA) 1436 (2d Cir. 2014).

760 F.3d 223 (Kirkland v. Cablevision Systems) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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