McKinney v. Department of Transportation

168 F. Supp. 3d 416, 2016 U.S. Dist. LEXIS 28336, 2016 WL 2944522
CourtDistrict Court, D. Connecticut
DecidedMarch 7, 2016
DocketCIVIL ACTION NUMBER: 3:13-CV-1735 (AWT)
StatusPublished
Cited by7 cases

This text of 168 F. Supp. 3d 416 (McKinney v. Department of Transportation) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKinney v. Department of Transportation, 168 F. Supp. 3d 416, 2016 U.S. Dist. LEXIS 28336, 2016 WL 2944522 (D. Conn. 2016).

Opinion

RULING ON MOTION FOR SUMMARY JUDGMENT

Alvin W. Thompson, United States District Judge

Daphne McKinney (“McKinney”) brings this action against the State of Connecticut Department of Transportation (“DOT”). Her complaint alleges discrimination and retaliation in violation of 42 U.S.C. § 2000e et seq. (“Title VII”). The defendant has moved for summary judgment. For the reasons set forth below, the defendant’s motion for summary judgment is being granted.

I. FACTUAL BACKGROUND

McKinney is a black woman who has been employed by DOT since approximately 1993. Since 2000, McKinney’s position at DOT has been Transportation Planner 2. McKinney’s primary responsibilities in this position are to conduct research and generate reports for her supervisor concerning a variety of transportation-related topics.

Prior to the instant case, McKinney brought three other lawsuits against DOT and/or DOT employees. In 2001, she filed a complaint against DOT in which she alleged discrimination in violation of Title VII; that case was settled. In 2004, McKin[420]*420ney filed a complaint against her then-supervisor at DOT, alleging defamation and negligent and intentional infliction of emotional distress. In that case, the trial court entered summary judgment in favor of the defendant, and on appeal, the appellate court affirmed. In 2006, McKinney filed a complaint against DOT and individual DOT employees, alleging discrimination in violation of Title VII. That case arose out of DOT’S termination of McKinney’s employment in 2006 for workplace violence and misuse of state property, which was subsequently arbitrated and converted to a 36 day suspension. The 2006 case proceeded to a jury trial, and the jury returned a verdict in favor of the defendants.

In 2011, in the wake of widespread damage caused by Hurricane Irene, the Connecticut Department of Social Services (“DSS”) administered the federal Disaster Supplemental Nutrition Assistance Program (“D-SNAP”). D-SNAP provided eligible households with a one-month allotment of food stamps. Eligibility for the program was determined based on the household’s location within the disaster area; adverse effects on the applicant due to the storm, including damage to or destruction of the applicant’s home, lost income, or disaster-related expenses; and income level, specifically, the applicant’s total net income during the benefit period plus accessible liquid resources, which had to be under a D-SNAP income limit that varied depending on the size of the applicant’s household.

After DSS received complaints about fraud allegedly committed by D-SNAP applicants, auditors conducted a review of the program and found widespread fraud involving applicants who had self-reported inaccurate information. DSS determined that 190 state employees who had applied for and received D-SNAP benefits were actually ineligible for those benefits. DSS contacted Linda Yelmini (‘Yelmini”), the Assistant Manager of the Office of Labor Relations (“OLR”) in November 2011. Yel-mini reviewed each of the applications, and then she held a meeting with all of the affected state agencies. Each state agency then conducted its own investigation of individual employees who had been identified as having obtained benefits for which they were ineligible. Each agency then determined whether and how to discipline the identified employees. As a result of these investigations, approximately 80 individuals were dismissed from state employment.

In March 2012, DOT received notification that McKinney and three other DOT employees may have received D-SNAP benefits for which they were not eligible, and then DOT investigated the four identified employees. In its investigation of McKinney, DOT determined that she had seriously misrepresented material facts in her D-SNAP application. McKinney was given an opportunity to explain or refute the documentary evidence relied on by the investigator, but she chose not to respond to any of the investigator’s questions. The misrepresentations included McKinney’s failure to disclose that she was employed by DOT, understatement of her income, failure to disclose her bank account or retirement account balances, and her listing of four household members who did not exist. McKinney acknowledges that her application was “inaccurate” in these respects, but she alleges that she believed herself to be eligible for D-SNAP benefits based on the information she provided in her application and that the inaccuracies did not render her ineligible. In addition, McKinney stated on her application that she lost power for several days due to the storm, but she later admitted that her house experienced a power outage around the same time due to a faulty electrical box; an employee from Connecticut Light [421]*421and Power Company stated in an affidavit that there was no record of an electric power outage or interruption at McKinney’s address.

Following the investigation, DOT issued a “Loudermill” notice to McKinney, informing her that DOT had scheduled a hearing to “investigate allegations regarding alleged fraudulent application for and receipt of’ D-SNAP benefits. (Loudermill Notice, Def.’s Mot. for Summ. J., Exh. DM29, Doc. No. 51-24, at 1.) On May 1, 2012, McKinney and her union representative attended the hearing. After the hearing, DOT terminated McKinney’s employment based on its finding that she had egregiously falsified her D-SNAP application. Moreover, given her education level, DOT believed that McKinney was aware of what she was doing and that her misrepresentations were purposeful. Vicki Arpin (“Arpin”), the Human Resources Administrator for DOT, made the final decision to terminate McKinney’s employment. In a letter notifying McKinney of the termination, Arpin stated that McKinney’s fraudulent application for and receipt of D-SNAP benefits violated Connecticut Personnel Regulations § 5-240-la and constituted just cause for dismissal.1

Shortly after her termination, McKinney filed a grievance with her union contesting the dismissal. The grievance was deified, and her case proceeded to arbitration. The arbitration hearing was held on November 28, 2012, and the arbitrator heard testimony from a number of witnesses. On February 22, 2018, the arbitrator issued his decision, concluding that while DOT had just cause to discipline McKinney, it did not have just cause to terminate her employment.

The arbitrator found that:

In light of the nature of the information she included on the application and the information she omitted on the application, taken together with questions raised as to the [plaintiffs] testimony about the loss of power at her home, I am persuaded that, consistent with prior arbitration awards relating to the same type of conduct, a significant penalty short of termination is justified.

(Aribtration Award, Defs.’ Mem., Exh. 20, Doc. No. 51-20, at 18.). The arbitrator found that McKinney’s “reasons for including her job at Macy’s years ago but not including her current job, not including her $70,000 savings, and listing incorrect names on the application simply do not ring true,” and that “it is difficult to credit” McKinney’s purported belief that she did not need to report her savings or the fact that she was currently employed at DOT. (Id.

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Bluebook (online)
168 F. Supp. 3d 416, 2016 U.S. Dist. LEXIS 28336, 2016 WL 2944522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-department-of-transportation-ctd-2016.