Sullivan v. NYC Department of Investigation

163 F. Supp. 3d 89, 2016 U.S. Dist. LEXIS 19551, 2016 WL 676454
CourtDistrict Court, S.D. New York
DecidedFebruary 17, 2016
Docket12-cv-2564
StatusPublished
Cited by7 cases

This text of 163 F. Supp. 3d 89 (Sullivan v. NYC Department of Investigation) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sullivan v. NYC Department of Investigation, 163 F. Supp. 3d 89, 2016 U.S. Dist. LEXIS 19551, 2016 WL 676454 (S.D.N.Y. 2016).

Opinion

OPINION

Thomas P. Griesa, United States District Judge

Plaintiff Sharon Sullivan brings claims of employment discrimination and retaliation against her former employers, defendant New York City Department of Investigation (“DOI”) and defendant New York City Housing Authority (“NYCHA”), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”) and the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”). Plaintiff alleges that these former employers discriminated against her on the basis of her race, religion, and age and retaliated against her for making complaints. of discrimination. Defendants now move for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons that follow, the motions are granted.

Facts

Plaintiff is a Roman Catholic, Caucasian woman who was born in 1952. Compl. ¶ 10. In April 2010, at the age of 57, plaintiff was working as a Confidential Investigator in DOFs Audit Unit. Pl.’s Local Rule 56.1 Counterstatement to DOI’s Statement of Material Facts (“Counter-DOI”) ¶¶ 8-9, ECF No. 81. That month, DOI conducted layoffs, but did not fire plaintiff. Id. ¶ 9. However, in June 2010, DOI encouraged plaintiff to find another position in advance of possible additional layoffs. Id. ¶ 10. According to plaintiff, DOI laid off or transferred at least fifteen women, thirteen of whom were over the age of 50 and all of whom were over the age of 40. Compl. ¶ 12.

In August 2010, plaintiff appeared for an interview at NYCHA in the Office of the Inspector General (“NYCHA-OIG”). Pl.’s Local Rule 56.1 Counterstatement to NY-CHA’s Statement of Material Facts (“Counter-NYCHA”) ¶40, ECF No. 80. NYCHA-OIG is supervised by DOI, but its employees are paid by NYCHA. Id. ¶¶ 6-7. Kelvin Jeremiah, an African-American male, was Inspector General at NYCHA-OIG. Id. ¶ 8. Jeremiah had gotten word that DOI was undertaking staff reductions and had agreed to consider DOI employees, including plaintiff, for vacancies within the NYCHA-OIG. Counter-DOI ¶¶ 12-13.

As a result of the interview, plaintiff was offered a position at NYCHA-OIG as a Confidential Investigator in the Audit Squad. Id. ¶¶ 21-22. Jeremiah told plaintiff that the position was subject to a six-month probationary period. Id. ¶23. In addition, plaintiffs accumulated leave was reduced. Compl. ¶ 17.

On September 13, 2010, plaintiff began her work at NYCHA-OIG. Counter-NY-CHA ¶ 49. From September 13, 2010 through September 15, 2010, plaintiff attended orientation and training on NY-[94]*94CHA’s Human Resources policies and procedures. Id. ¶ 50. On September 16, 2010, plaintiff met with her supervisor, Deputy Inspector General Bergia Telesford. Id. ¶ 52. Telesford is a Roman Catholic, African-American woman who was born in 1951. Id. ¶ 9; Telesford Decl. ¶ 86, ECF No. 65. Telesford informed plaintiff that her responsibilities would include field work, a fact that was not disclosed to plaintiff during her interview for the position. Compl. ¶ 19.

Another aspect of plaintiffs job involved Complaint Data Intake (“CDI”) duty once or twice per month. Counter-NYCHA ¶ 65. CDI required access to certain databases, and plaintiff says she was not provided with proper access to those databases until December 2010. Counter-NYCHA ¶¶ 66-90. In addition, plaintiff claims she was never properly trained in CDI by her immediate supervisor, Natalie Wright. Andrei Decl. Ex. K, Sullivan Dep. 182-85, ECF No. 73.

Upon reviewing plaintiffs initial work, Wright threw the work back at plaintiff and told her that she wrote like a six year old.1 Compl. ¶ 25; Sullivan Dep. 192. Plaintiff did not immediately report the incident, but once she did tell Jeremiah and Telesford, Telesford spoke with Wright, advising her, “we have to foster professionalism and respect.” Counter-DOI ¶¶ 106-07; Andrei Decl. Ex. M, Telesford Dep. 109-10, ECF No. 73.

Plaintiff alleges that she was treated differently from her non-Catholic, African-American colleagues. Some of this treatment was overt. For example, one colleague, Dorothy Vann, referred to plaintiff as an “idol worshipper.” Sullivan Dep. 227-28. Plaintiffs non-Catholic, African-American co-workers would greet each other with the phrase “Have a blessed day.” Sullivan Dep. 617. None of them extended the same gesture to plaintiff. Id.

There were also more subtle differences in treatment that plaintiff relates to her religion or race. Plaintiff was never provided with a Blackberry phone or business cards. Sullivan Dep. 415. At one point, Telesford told plaintiff that she smelled. Sullivan Dep. 74.

Plaintiff also endured comments relating to her age. Deputy Inspector General Os-arentin Omoigui told plaintiff that he loved being in the company of old women. Sullivan Dep. 259. Office Manager Deirdre Coker-Major told plaintiff “I am going to eat whatever you eat, so I wind up looking like you when I get to your age.” Sullivan Dep. 285. Vann pinched plaintiff on the midriff and told her, “you see, [your] age is showing.” Sullivan Dep. 238.

On January 25, 2011, plaintiff arrived ten minutes late for work due to a snow storm. Sullivan Dep. 442. According to plaintiff, Telesford told her to dock herself pay for her tardiness, but did not say a similar thing to the African-American workers. Sullivan Dep. 442-43. Ultimately, plaintiff was not pay-docked for any part of that day. Counter-NYCHA ¶ 119. The following day, plaintiff stayed home from work because the Mayor announced that only emergency crews were to report to work due to the storm. Id. ¶ 120. Initially, plaintiff, as well as the other employees who stayed home, were pay-docked for the day. Jeremiah Decl. ¶ 34, ECF No. 64. Ultimately, however, plaintiff was credited back the day’s pay. Counter-NYCHA ¶¶ 121-24.

In February 2011, Plaintiff received a performance evaluation for her work in 2010. Counter-DOI ¶ 37. The review was conducted by Telesford and overseen by Jeremiah. Andrei Decl. Ex. L, Jeremiah [95]*95Dep. 121, ECF No. 73. The evaluation was based on a seven-grade scale: Outstanding (exceeds all standards); Very Good (exceeds most of the standards); Good (meets all standards); Conditional (one or more of the attainable standards by which the task is measured was not achieved, but the lack of achievement was either the result of conditions outside the employee’s control or the appraiser expects that the standard will be achieved if the employee participates in plans to develop his/her knowledge, skills, or abilities); Marginal (meets few of the standards); Unsatisfactory (meets none of the standards); Not Ratable (the employee was not actually assigned the task listed or the employee has performed the listed task for less than 60 days and thus a judgment with respect to performance cannot be made). Rowntree Deck Ex. H, ECF. No. 61. Plaintiff was given seven ratings of Good, three ratings of Conditional, and six ratings of Not Ratable. Plaintiff was given an overall rating of Conditional. Id. Telesford wrote that plaintiff required frequent guidance in her new role and that she spent too much time on non-work matters. Id.

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163 F. Supp. 3d 89, 2016 U.S. Dist. LEXIS 19551, 2016 WL 676454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-nyc-department-of-investigation-nysd-2016.