McLaughlin v. State of New York, Governor's Office of Employee Relations

739 F. Supp. 97, 1990 U.S. Dist. LEXIS 7093, 54 Empl. Prac. Dec. (CCH) 40,252, 53 Fair Empl. Prac. Cas. (BNA) 410, 1990 WL 80672
CourtDistrict Court, N.D. New York
DecidedJune 11, 1990
DocketNo. 89-CV-924
StatusPublished
Cited by1 cases

This text of 739 F. Supp. 97 (McLaughlin v. State of New York, Governor's Office of Employee Relations) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McLaughlin v. State of New York, Governor's Office of Employee Relations, 739 F. Supp. 97, 1990 U.S. Dist. LEXIS 7093, 54 Empl. Prac. Dec. (CCH) 40,252, 53 Fair Empl. Prac. Cas. (BNA) 410, 1990 WL 80672 (N.D.N.Y. 1990).

Opinion

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

I. Introduction

Plaintiff claims that she was the victim of discrimination and harassment on the basis of gender which adversely impacted upon the conditions of her employment and ultimately led to her dismissal as a staff member of the New York State — Council 82/AFSCME Joint Committee on Quality of Working Life (the “QWL Committee”). Moreover, plaintiff asserts that she was [99]*99the victim of unlawful retaliation as a result of her filing of complaints under Title VII. This suit has been brought pursuant to Title VII of the Civil Rights Act of 1964 with particular reference to 42 U.S.C. §§ 2000e-2(a), (c) and 2000e-3(a).1 A central legal issue presented by the defendants’ motion to dismiss, or in the alternative for summary judgment, is whether and to what extent this litigation is barred by the prior decision and factual findings of a New York State Court. The State Court previously granted the defendants summary judgment on numerous tort claims asserted by the plaintiff which arose out of the same factual scenario that is presently before this court. The state court decision, however, did not address plaintiffs Title VII sex discrimination and retaliation claims. Also important to the resolution of these motions is the degree to which plaintiffs claims are barred by the applicable Title VII limitations period.

II. Background

A. The Parties

The complaint names as defendants Joseph Puma, President of the New York State Inspection, Security and Law Enforcement Employees, District Council 82 of AFSCME, (“Council 82”); Council 82; Richard Bischert, the Executive Director of Council 82 (sometimes the “Union” defendants); Thomas Gibbs, an Assistant Director of the New York State Governor’s Office of Employee Relations (the “GOER”); the GOER; and the New York State — Council 82/AFSCME Joint Committee on Quality of Working Life; (sometimes the “State” defendants).2 The QWL Committee is an entity which was created as a result of collective bargaining negotiations between Council 82 and the GOER. It appears that the QWL Committee was operated as a joint organization of labor and management to administer funds provided under the collective bargaining agreement (the “CBA”) — ostensibly to improve the working conditions of negotiating unit employees.

Plaintiff asserts that the QWL Committee was governed by a four-person executive committee comprised of two representatives of Council 82 and two representatives of the State of New York. This body [100]*100had authority over the funding and approval of major projects as well as the hiring and firing of QWL Committee personnel. Complaint par. 25; Plaintiffs Mem. of Law at 5. As a result of the offices they held with Council 82, defendants Puma and Bischert were the union representatives on the executive committee.3 The Commissioner of the Department of Correctional Services and the Director of the GOER were the State’s representatives on the executive committee. Id. Defendant Gibbs was one of the State’s negotiators in contract talks with Council 82 — negotiating with Puma and Bischert, among others. Moreover, Gibbs was allegedly the state officer responsible for the administration of the labor contract with Council 82. Complaint at 27; Plaintiff’s Mem. at 6.

Plaintiff, Susan McLaughlin, was employed as an Employee Program Associate with the QWL Committee from January of 1983 to May of 1988 — when the staff of the QWL Committee was disbanded. Plaintiff claims to have been earning $42,944.00 at the time her position was terminated. Id. at 22. According to the Union defendants, McLaughlin has returned to an “encumbered” position with the N.Y.S. Office of Mental Retardation and Developmental Disabilities where she now earns a yearly salary of $36,253.00. Union Defs.' Mem. at 1.

B. The Complaint

On August 26, 1987, and again on June 20, 1988, plaintiff filed written complaints with the New York State Division of Human Rights alleging unlawful discrimination by the defendants. Both of the administrative complaints were dual-filed with the Equal Employment Opportunity Commission. The State Division of Human Rights made a determination adverse to plaintiff — yet plaintiff did not take an appeal from this decision to the Appellate Division of the New York State Supreme Court. Plaintiff claims to have received notice of the EEOC’s negative conclusion with respect to her claims and of her right to bring suit within ninety (90) days, on May 3, 1989. The complaint in the present action was filed on July 28, 1989.

There are two causes of action stated in the complaint. The first cause of action alleges that all of the defendants engaged in or cooperated with sexually discriminatory and retaliatory conduct which adversely affected the terms and conditions of plaintiff’s employment with the QWL Committee — all in violation of 42 U.S.C. §§ 2000e-2(a) and (c). Plaintiff asserts generally that defendants Puma and Bischert engaged in physical and verbal sexual harassment of the plaintiff while Puma, Bischert, and Gibbs together retaliated against the plaintiff for filing sex discrimination complaints. Complaint par. 21. The complaint further contends that the QWL Committee, Council 82, and the GOER are liable to the plaintiff because those entities knew or should have known of the discriminatory conduct and took no action to prevent it. Moreover, it is asserted that these entities may be held liable due to the “inherent complicity present due to the senior status” of Puma, Bischert and Gibbs within these organizations. Id. at 23. Paragraphs 30 through 45 of the complaint state numerous particular acts of discriminatory conduct on the part of the various defendants. On this motion for summary judgment the plaintiff has further supplemented the record with affidavits which both buttress these allegations and allege additional conduct on the part of the defendants which she believes to be discriminatory or retaliatory in nature.

The second cause of action asserts that the defendants retaliated against the plaintiff because she filed complaints concerning sexual harassment with the GOER and with the New York State Division of Human Rights — all in violation of 42 U.S.C. § 2000e-3(a). Plaintiff contends that after she filed these complaints the level of harassment, particularly from defendant [101]*101Gibbs, increased dramatically. See Complaint pars. 53-57. Ultimately, plaintiff believes that Puma, Bischert, and Gibbs acted together to negotiate the QWL Committee out of existence so that they could get rid of the “human rights problem” presented by her claims that she had suffered discrimination on the basis of sex. It is important to note that plaintiffs claims of Title VII retaliation are premised upon the impact the alleged conduct had on the conditions of her employment as well as her termination from employment.

C. Summary Judgment Standard

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McLaughlin v. STATE OF NY, GOV. OFF. OF EMP. REL.
739 F. Supp. 97 (N.D. New York, 1990)

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739 F. Supp. 97, 1990 U.S. Dist. LEXIS 7093, 54 Empl. Prac. Dec. (CCH) 40,252, 53 Fair Empl. Prac. Cas. (BNA) 410, 1990 WL 80672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-state-of-new-york-governors-office-of-employee-relations-nynd-1990.