Pompey-Howard v. New York State Education Department

275 F. Supp. 3d 356
CourtDistrict Court, N.D. New York
DecidedJuly 28, 2017
Docket1:15-CV-1296 (LEK/DJS)
StatusPublished
Cited by3 cases

This text of 275 F. Supp. 3d 356 (Pompey-Howard v. New York State Education Department) 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.

Bluebook
Pompey-Howard v. New York State Education Department, 275 F. Supp. 3d 356 (N.D.N.Y. 2017).

Opinion

MEMORANDUM-DECISION AND’ORDER

Lawrence E. Kahn, U.S. District Judge

I. INTRODUCTION

Plaintiff Stacey Pompey-Howard commenced this action against defendant New York State Education Department (“NYSED”) alleging discrimination on the basis of race and retaliation in violation of Title VII, 42 U.S.C. ;§ 2000e et seq., 42 U.S.C. § 1981, and the -New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law § 296. Dkt. No. 1 (“Complaint”). Presently before the Court is NYSED’s motion for summary judgment. Dkt. No. 35 (“Motion”); see also Dkt. No. 35-1 (“Defendant Statement of Material Facts”); Dkt. No. 35-2 (“Defendant Memorandum”); Dkt. No. 44 (“Response”); Dkt. No. 47 (“Plaintiff Statement of Material Facts”); Dkt. No. 50 (“Reply”); For the reasons that follow, NYSED’s Motion is granted.

II. BACKGROUND

A. Factual Background

Howard is an African-American woman who works for NYSED. Def. SMF ¶¶ 1-2; PI. SMF ¶¶ 1-2. She began working for NYSED on April 9, 2009, as a grade 18 Senior Professional Conduct Investigator with the Office of School Personnel Review and Accountability (“OSPRA”). Def. SMF ¶¶ 2-3; PI. SMF ¶¶2-3. Her job entailed “investigating allegations of teacher misconduct, gathering evidence, preparing investigative reports, interviewing witnesses, [and] assisting attorneys in preparing for administrative hearings.” Dkt. No. 46 (“Plaintiff Declaration”) 1Í 4.

In 2012, NYSED created the Testing Security Unit (“TSU”) to investigate misconduct related to the administration of state standardized tests. Def. SMF ¶ 5; PI. SMF ¶5; Resp. at 2 n.l. In April 2012, Howard applied-for a promotion to a grade 23 Supervising Professional' Conduct Investigator position at the TSU. Def. SMF ¶ 4; PI. SMF ¶ 4. She did not receive the promotion, but accepted an offer for a lateral transfer to a grade 18 Senior Professional Conduct' Investigator position at the TSU. Def. SMF ¶1110, 14-16,19; PI. SMF ¶¶ 10, 14-16,19. Howard alleges that the director of OSPRA and the TSU, Tina Sciocchetti, promised to promote her to the next' available grade 23 position at the TSU as a condition of Howard’s acceptance of the grade 18 position. Def. SMF ¶¶ 8,10-11; PI. SMF ¶¶ 8,10-11.

The next grade 23 position opened up in August 2014, and Howard applied again for the position. Def. SMF ¶¶ 34-35; PI. SMF ¶¶ 34-35. Of the twenty-six applicants, eight, including Howard, were selected for interviews. Def. SMF ¶¶ 35-36; PI. SMF ¶¶ 35-36. The interviews were conducted by three supervisors, Bart Za-bin, Leroy Tario, and Maria Guzman. Def. SMF ¶ 37;. PI. SMF ¶37. Applicants were [360]*360asked a standard set of questions and the interviewers scored each applicant from one to five based on their answers. Def. SMF ¶ 38; PL SMF ¶ 38; Dkt. No. 35-19 (“Tario Declaration Exhibit A”) at 2. The successful applicant, Keith Bergmann, obtained a score of 175—the highest of all the applicants—while Howard scored a 145. Tario Deck Ex. A, at 1. The interview scores were tallied incorrectly, but the mistake affected Bergmann and Howard’s scores equally and so' it did not impact them. Id.; Reply at 3 n.l; Def. SMF ¶¶ 39-40; PI. SMF ¶¶ 39-40. The grade 23 position was offered to Bergmann. Def. SMF ¶ 45; PI. SMF ¶ 45.

Howard believed that she was more qualified for the position than Bergmann. PI. Decl. ¶ 22. Howard had been employed for five years at grade 18 when she applied for the grade 23 position. Dkt. No. 46-4 (“Plaintiff resume”). Before that, Howard performed investigations as a Special Agent at the Office of the Inspector General from 2005 to 2009. Id. And from 2003 to 2005, Howard was a probation officer for Albany County, though it is not clear from the record whether she performed investigative work there. Id. Howard also holds a bachelor’s degree in criminal justice. Dkt. No. 46-1 (“Plaintiff Deposition”) at 9:17-23. Howard admitted to having little “direct” supervisory experience. Id. at 64:18-25, 65:1-25. Assuming that Howard’s time as a probation officer was applicable to the grade 23 position, she had twelve years of experience in her field. PI. resume.

Before being hired at the TSU, Berg-mann had worked at the New York State Office of Children and Family Services for almost eleven years. Dkt. No. 46-5 (“Bergman resume”). While there, Bergmann was an Investigative Auditor responsible for conducting investigations and had “significant” experience interviewing children. Id.; Def. SMF ¶ 43; PI. SMF ¶43. He was later promoted to Assistant Chief of Investigations, which required him to supervise and train investigators. Id. Before that, Bergmann had four years of experience as a Child Protective Services Investigator in Rensselaer County. Id. Bergmann holds bachelor’s degrees in criminal justice and sociology. Id. All together, Bergmann had fifteen years of applicable experience. Id. Ultimately, the interview committee recommended Bergmann for the position, and the decision received final approval from Director Sciocchetti and her supervisor John D’Agati. Def. SMF ¶¶38, 47; PI. SMF ¶¶ 38, 47.

Howard felt wronged by the hiring decision and stated in an email to Cassandra Allison of Human Resources (“HR”) on January 5, 2015 that “[t]he only thing that is going to make me happy is to be rightfully promoted to my grade 23 position.” Dkt. No. 35-8 (“Allison Declaration Exhibit E”) at 3. In a separate letter dated January 28, 2015 Howard said, “I will fight this department until I receive a remedy that’s delivered JUSTLY.... I want my promotion that was stolen.” Dkt. No. 35-10 (“Allison Declaration Exhibit G”) at 2. Howard also claimed in an email that during her interview, Tario said she was “the most qualified,” and that he had previously stated that “he could not understand how [NYSED] would not want to promote and [sic] African American Female [sic] into a grade 23 position.” Allison Deck Ex. E, at 2. Howard also cited to Director Sciocchet-ti’s alleged promise to promote her to the next grade 23 position. Id. Howard reached out to Director Sciocchetti and HR to complain about the hiring decision. Id. at 2-3; Dkt. No. 35-5 (“Allison Declaration Exhibit B”) at 1. In those emails, Howard asserted that she was not hired for the position because of her poor relationship with another employee, Lynn Gretschel, a grade 23 at the TSU. Allison [361]*361Decl. Ex. E, at 2. Although Gretschel was not on the hiring committee, Howard believed that Gretschel blocked her promotion. Id.; Def. SMF ¶ 37; PI. SMF ¶ 37. In her many emails with Allison, Howard detailed her issues with Grestchel, but she did not claim that she lost the promotion because of race or that her issues with Grestchel were related to race. Allison Decl. Ex. E, at 2-3; Dkt. No. 35-9 (“Allison Declaration Exhibit F”). Howard first told Allison that she believed she was not promoted because of her race about a month after her initial contact with HR. Dkt. No. 35-3 (“Allison ' Declaration”) ¶¶ 21, 23-24.

HR opened an investigation into the hiring decision. Id ¶ 17. During the investigation, Howard provided HR with copies of work-related emails between her and Gret-schel as proof that Gretschel prevented her promotion. Id. ¶21. None of thesé emails suggest that Howard’s issues with Gretschel were related to race. Id. ¶ 22; Allison Decl. Ex. G.

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Bluebook (online)
275 F. Supp. 3d 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pompey-howard-v-new-york-state-education-department-nynd-2017.