Padilla v. Metro-North Commuter Railroad

92 F.3d 117, 1996 U.S. App. LEXIS 20317, 69 Empl. Prac. Dec. (CCH) 44,403, 72 Fair Empl. Prac. Cas. (BNA) 1748
CourtCourt of Appeals for the Second Circuit
DecidedAugust 13, 1996
DocketNo. 1491, Docket 95-6056
StatusPublished
Cited by13 cases

This text of 92 F.3d 117 (Padilla v. Metro-North Commuter Railroad) 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
Padilla v. Metro-North Commuter Railroad, 92 F.3d 117, 1996 U.S. App. LEXIS 20317, 69 Empl. Prac. Dec. (CCH) 44,403, 72 Fair Empl. Prac. Cas. (BNA) 1748 (2d Cir. 1996).

Opinion

MINER, Circuit Judge:

Defendant-appellant Metro-North Commuter Railroad (“Metro-North”) appeals from a judgment entered in the United States District Court for the Southern District of New York (McKenna, J.) following a jury trial. Plaintiff-appellee Stephen M. Padilla claimed that his employer, Metro-North, willfully retaliated against him in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., (“ADEA”) by demoting him after he participated in an Equal Employment Opportunity Commission (“EEOC”) investigation of another Metro-North employee’s charge of age discrimination. The district court upheld the jury’s verdict in favor of Padilla on his willful retaliation claim and awarded him backpay, liquidated damages, and front pay until he is 67 years of age. For the reasons that follow, we affirm the judgment of the district court.

BACKGROUND

Given the jury’s verdict for Padilla, we view the evidence in the light most favorable to him. Padilla began his employment at Metro-North in January of 1983. In April of 1985, he was promoted to the position of superintendent of train operations. As superintendent of train operations, Padilla was in charge of the operations control center (“OCC”) at Metro-North and supervised approximately 35 employees. Padilla reported to Edmond Boni, the general superintendent of transportation, who was in charge of the transportation department at Metro-North. Boni, in turn, reported to Donald Nelson, who was Metro-North’s vice president of operations.

One of Padilla’s primary responsibilities was to ensure that trains arrived and departed on time. Padilla apparently succeeded in this task. A performance evaluation of his work that was prepared in August of 1987 stated that the “[o]n-time performance” of Metro-North’s trains was “above goal in all categories,” and his overall rating was listed as “Above Job Expectations.” The evaluation also reported that Padilla was “[v]ery cost conscious and a perfectionist by nature,” that he was an “[ejxcellent leader and a natural organizer” with the “ability to analyze problems and develop solutions very quickly and accurately,” and that he had “done an outstanding job of managing dispatchers and towers while reducing costs.”

One of the train dispatchers supervised by Padilla was Michael Barletta. Padilla testified that Barletta, who was over 60 years of age, had done an “excellent job.” However, according to Padilla, Boni thought that Bar-letta was “too old for the job.” Padilla testified that, beginning in mid to late 1986, Boni suggested that Barletta should be demoted, and that, in July of 1987, Boni insisted that [120]*120Padilla demote Barletta. On July 28, 1987, Padilla demoted Barletta.

In October of 1987, Padilla travelled with Nelson on a business trip to London. Padilla testified that, during the trip, Nelson asked him “what was going on "with this Boni-Barletta business.” Padilla told Nelson that Boni had insisted “that Barletta was too old and too slow,” and that Boni had “wrongly disqualified Barletta.” According to Padilla, Nelson told him to “work it out with Boni,” and Nelson “didn’t really want to hear it any more.”

In January of 1988, Barletta filed a charge with the EEOC, alleging age discrimination. After the EEOC commenced an investigation of the charge, an investigator interviewed Metro-North employees. Padilla was scheduled for an interview on April 6, 1988, but a major train accident occurred on that day. Padilla testified that he told Nelson that he was scheduled for an EEOC interview concerning the charge by Barletta, and that Nelson told him to reschedule the interview because he was needed to respond to the train accident.

Padilla’s interview was moved to April 7, 1988, and, on that day, he met with the EEOC investigator. Karen Timko, one of Metro-North’s in-house attorneys, also attended the interview. In an affidavit, Padilla asserted that, even though Barletta had “performed his job satisfact[orily],” Boni had insisted that Barletta be removed from his job. According to Padilla, Boni had stated that “Barletta had old working habits” and that “some of these old guys can’t stand the stress because the jobs are more pressurized than they ever were before.” In the affidavit, Padilla concluded, “I don’t know the reason that Boni decided to disqualify Barletta for lack of performance but I don’t think it was because of Barletta’s age.” Padilla testified at trial that this statement was untrue, and that he had made it to “save [his] job.”

According to Padilla, Boni angrily approached him after the interview and told him that he had been “disloyal” and that he was “all done.” Later that month, Boni again threatened Padilla that he was “all done” and that he was “going to get [him] for cooperating and being disloyal.” Patrick McMahon, another Metro-North employee, testified that he had overheard this conversation, and that Boni had told Padilla, “[I]f you don’t stop cooperating with them guys downtown, I’ll take care of you.... I don’t even have to do it myself, [I’ll] get [Marijanke] Badurina [or another employee] to do it.”

In February of 1987, Marijanke Badurina had been hired by Metro-North as a financial analyst to review the budget of the transportation department. At that time, the transportation department had four units: manpower control, tower operations, field operations, and the OCC. In the course of her review of the budgets of the manpower control and tower operations units, Badurina found problems in the administrative practices of those units. For instance, at the manpower control unit, Badurina found that employees often were working only about four days per week even though they were being paid for working five days. These payroll problems cost Metro-North millions of dollars. Nonetheless, none of the managers in the manpower control unit were demoted as a result of Badurina’s findings, and the unit was given additional resources to correct the problem.

In her examination of the budget of the OCC, Badurina analyzed the OCC’s weekly time sheets, which had been reviewed and approved by Andrew Favilla, one of Padilla’s deputies at the OCC. Padilla himself did not routinely review these time sheets. In April of 1988, Badurina discovered through her examination of the time sheets that some OCC employees improperly had been using sick days to extend their two-day rest periods. Badurina told Boni about her findings, without first discussing them with anyone at the OCC. On May 3,1988, Boni and Baduri-na discussed the problem with Nelson.

On May 4, 1988, Nelson held a meeting with Padilla. Padilla testified that this was the first time that he had been notified of the problem found in the OCC’s payroll practices, and that he was unable to answer many of Nelson’s questions because he had delegated the task of reviewing the' weekly time sheets to Favilla. At the end of the meeting, Nelson placed Padilla on suspension, pending [121]*121the outcome of an expanded investigation of the OCC’s administrative practices. Nelson directed David Dieck, Metro-North’s director of budgets and performance analysis, to conduct the investigation.

On May 9,1988, Padilla filed a charge with the EEOC, alleging that Metro-North had suspended him in retaliation for his participation in the EEOC’s investigation of Bar-letta’s age discrimination charge. On May 10th, Nelson learned that Padilla had filed the charge with the EEOC.

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92 F.3d 117, 1996 U.S. App. LEXIS 20317, 69 Empl. Prac. Dec. (CCH) 44,403, 72 Fair Empl. Prac. Cas. (BNA) 1748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padilla-v-metro-north-commuter-railroad-ca2-1996.