Signer v. Tuffey

66 F. App'x 232
CourtCourt of Appeals for the Second Circuit
DecidedMarch 18, 2003
DocketNo. 02-7102
StatusPublished
Cited by5 cases

This text of 66 F. App'x 232 (Signer v. Tuffey) 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
Signer v. Tuffey, 66 F. App'x 232 (2d Cir. 2003).

Opinion

SUMMARY ORDER

THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

[234]*234At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 18th day of March, two thousand and three.

UPON DUE CONSIDERATION of this appeal from a judgment of the United States District Court for the Northern District of New York (Kahn, J.), it is hereby ORDERED, ADJUDGED AND DECREED that the decision of the district court is VACATED AND REMANDED.

Plaintiff Lauren Signer appeals from an order of the United States District Court for the Northern District of New York (Kahn, J.) granting defendants’ motion for summary judgment. Plaintiff alleges on appeal that defendants impermissibly retaliated against her, in violation of Title VII and N.Y. Exec. Law § 296, for complaining of sex discrimination.1

A district court’s grant of a motion for summary judgment is reviewed de novo. Richardson v. N.Y. State Dep’t of Corr. Serv., 180 F.3d 426, 436 (2d Cir.1999). Summary judgment is warranted when there are no genuine issues of material fact to be tried. Fed.R.Civ.P. 56(c). All ambiguities must be resolved and all factual inferences must be drawn in plaintiffs favor as the nonmoving party. Richardson, 180 F.3d at 436. Accordingly, we accept the following facts as true for purposes of our consideration of whether summary judgment was proper.

Plaintiff joined the Albany Police Department (“APD”) as a police officer in 1987. Plaintiffs husband, Michael Signer, also worked for the APD as a civilian dispatcher. In March 1997, plaintiff was promoted to the rank of Lieutenant. She subsequently became Director of the Community Service Unit (“CSU”), a position which included duties as the APD’s Public Information Officer (“PIO”).

In April 1998, the Chief of the APD, Kevin Tuffey (“Tuffey”), received a report that Michael Signer was upset at rumors of an affair between plaintiff and another APD employee, Commander William Bowen. Concerned about the possibility of a confrontation between Michael Signer and Bowen, Tuffey ordered an investigation into the situation. Plaintiff claims that on April 23, 1998, she complained to Tuffey about the investigation and alleged that she was being discriminated against because of her sex. In May 1998, plaintiff sent a written complaint to Tuffey through her union representative, again alleging that she was being discriminated against because of her sex. On June 10, 1998, plaintiffs lawyer faxed a letter to Tuffey, which stated in part: “As you know, for several weeks now, Lt. Lauren Signer has complained that she was the victim of sex discrimination and sexual harassment in connection with the investigation that took place during the week of April 13 and events thereafter.”

On the same day that plaintiffs lawyer faxed this letter to Tuffey, plaintiff was informed that her office would be relocated to the sub-basement.2 In December 1998, plaintiff learned of the APD’s decision to separate the PIO duties ■ from the CSU Director’s responsibilities; the PIO title [235]*235and duties were accordingly assigned to another officer. At the same time, plaintiff learned that the CSU officers under her command were being reassigned from her building to various other police stations, effectively reducing her duties as CSU Director. On December 11, 1998, plaintiff filed a complaint with the EEOC, alleging sex discrimination and retaliation.

In cases like the present, where there is no direct evidence of discrimination, we apply the three-part burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). A plaintiff must first demonstrate a prima facie case of retaliation, which a defendant may rebut by proffering a legitimate, nondiscriminatory reason for the employment action. Id.; see also St Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 506-07, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). The plaintiff may then present evidence that the allegedly legitimate reason is actually a pretext for unlawful discrimination. Hicks, 509 U.S. at 507-08, 113 S.Ct. 2742.

To establish a prima facie case of retaliation, plaintiff must show (1) that she was engaged in protected activity; (2) that defendants were aware of that activity; (3) that plaintiff suffered an adverse employment action; and (4) that there was a causal connection between the protected activity and the adverse employment action. See Collins v. N.Y. City Transit Auth., 305 F.3d 113, 118 (2d Cir.2002); Manoharan v. Columbia Univ. Coll. of Physicians & Surgeons, 842 F.2d 590, 593 (2d Cir.1988). The burden of establishing this prima facie case in employment discrimination cases is “minimal.” Hicks, 509 U.S. at 506, 113 S.Ct. 2742; see also McGuinness v. Lincoln Hall, 263 F.3d 49, 53 (2d Cir.2001).

Plaintiffs complaints to Tuffey in April, May, and June 1998 each alleged that she was being discriminated against on the basis of her sex, and as such constitute Title VII protected activities. See Cruz v. Coach Stores, Inc., 202 F.3d 560, 566 (2d Cir.2000) (“[T]he law is clear that opposition to a Title VII violation need not rise to the level of a formal complaint in order to receive statutory protection....”); Summer v. United States Postal Serv., 899 F.2d 203, 209 (2d Cir.1990) (holding that protected activities include “making complaints to management”). It is undisputed that defendants were aware of this protected activity.

Plaintiff presents as proof of adverse employment action that she was stripped of many of her CSU responsibilities, she lost her PIO title and duties, and her office was relocated. To be adverse, an employment action must involve the deprivation of “some ‘tangible job benefits’ such as ‘compensation, terms, conditions or privileges’ of employment.” Alfano v. Costello, 294 F.3d 365, 373 (2d Cir.2002) (quoting Karibian v. Columbia Univ., 14 F.3d 773, 778 (2d Cir.1994)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Allen v. Padilla
S.D. New York, 2025
Unal v. Los Alamos Public Schools
638 F. App'x 729 (Tenth Circuit, 2016)
Moore v. Abbott Laboratories
780 F. Supp. 2d 600 (S.D. Ohio, 2011)
Pfeiffer v. Lewis County
308 F. Supp. 2d 88 (N.D. New York, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
66 F. App'x 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/signer-v-tuffey-ca2-2003.