Thomas v. City of New York

953 F. Supp. 2d 444, 2013 WL 3753557, 2013 U.S. Dist. LEXIS 102066
CourtDistrict Court, E.D. New York
DecidedJuly 12, 2013
DocketNo. 11 Civ. 5978(BMC)
StatusPublished
Cited by8 cases

This text of 953 F. Supp. 2d 444 (Thomas v. City of New York) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. City of New York, 953 F. Supp. 2d 444, 2013 WL 3753557, 2013 U.S. Dist. LEXIS 102066 (E.D.N.Y. 2013).

Opinion

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Plaintiff brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and corresponding provisions of state and local law, asserting that she was denied a promotion, training opportunities, and received disparate pay based on the fact that she is African-American. She has also asserted a claim for retaliation based on her unsuccessful complaints about the discrimination that she alleges. Defendants have moved for summary judgment.

According to plaintiff, she has been complaining (orally) about racial discrimination for over 20 years, but has never taken any action on her complaints until she filed her EEOC claim late in 2010. There is a danger in such situations that the salutary purpose served by the antidiscrimination laws will be diluted if applied too broadly. Most employees of public and large private employers reach a plateau in their career with the institution at some level, some sooner and some later, where either for reasons of ability, personality, any of the other characteristics that employers must evaluate, or an employee’s bad luck, they can progress no further. That a particular employee has a record of complaining about discrimination cannot elevate that employee’s work aspirations above those of employees without such a record. The employer still needs to have a free hand in evaluating employees who have engaged in protected activity on the same basis as employees who have not, lest the genuine [449]*449cases of retaliatory motive become obscured by the volume of cases brought by employees who simply have not gone as far as they would like and who, by dint of human nature, look for a cause outside of their own limitations or lack of good fortune in finding a job that matches their expectations.

It is indeed somewhat remarkable that plaintiff would assert discrimination and retaliation claims against a backdrop of over 20 years of complaints about discrimination by cherry-picking personnel decisions that favor Asians or whites, while ignoring those that show progression by other African-Americans. At ¡most, she has established that her supervisors failed to treat her with the respect and recognition that she feels she deserves. Her personal belief that she has been the subject of discrimination and retaliation is not enough. The law does and must distinguish between those employees who believe they have been victims of discrimination and retaliation, and those who can demonstrate by direct or circumstantial evidence that they may well have been such victims. Plaintiff has adduced far too little circumstantial evidence to permit a jury to reasonably find in her favor, and defendants’ motion is therefore granted.

BACKGROUND

Plaintiff is an African-American, currently employed as a Computer Specialist (“CS”), Level 1 (“CS1”), in the New York City Fire Department’s Bureau of Technology Development and Systems (“Systems”). Systems is responsible for the technical support for all of the Fire Department’s computer-related equipment and radio systems.1

Plaintiff has a Bachelor’s degree in Business Administration with a concentration in computer science and a Master’s Degree in Project Management from the Keller Graduate School of Management in 2011. She started working for the Fire Department in 1987 as a temporary “Computer Associate,” having been placed there by a temporary employment agency, apparently on a week-to-week or other temporary basis. Her status was upgraded and she was formally hired by the Fire Department as a “provisional” Computer Associate in 1988 at an annual salary of $47,002. At the time she was hired, her duties included maintaining and writing computer programs in a computer-language called “COBOL.” Subsequent to beginning work at the Fire Department, plaintiff passed a civil service exam and as a result, her position was upgraded in late 1989 to CS-1. Plaintiff received regular contractual pay raises of two to three percent of her salary, so that her current annual salary is $79,609. She has not received any discretionary bonuses, which have been author[450]*450ized at various times during her tenure and awarded to other employees at and above her level.

In 1996, the City of New York effected the transfer of emergency ambulance service from the New York City Health and Hospitals Corporation to the Fire Department. The computer personnel from both departments were assigned to and consolidated at Systems. A few years later, in 1999, the Fire Department started changing its computer technology to rely on Oracle-based computer programs, which require various levels of training or at least acquired familiarity with the particular Oracle applications used by a particular employee. The Fire Department does not have any kind of “knowledge building” program that provides ongoing training to employees on a regular basis.

In the Programming Unit at Systems, there are presently four individuals holding the title of Computer System Manager (“CSM”). These CSMs directly or indirectly supervise CSs like plaintiff and other computer-related personnel. In April 2010, the Fire Department posted a vacancy notice for a CSM in the Programming Unit. The qualifications for applying included either a master’s degree in computer science from an accredited college and three years of “progressively more responsible” experience in computer technology of which 18 months had to be supervisory experience as a manager, administrator, or executive, or a baccalaureate degree from an accredited college and four years of experience as described above. In addition, the preferred, but not required, qualifications included familiarity with various Oracle software programs, J2EE architecture, and JAVA.

Systems received 29 applications and selected six for final consideration, including plaintiffs. The six included three candidates from the Fire Department: John Adams, who had supervised plaintiff since 1991 and was white; Laura Pirtle, an African-American woman; and plaintiff. Three were from outside the Fire Department: an Asian woman named Maybo Linn; an Asian male named Yohan Choi; and an Indian male named Mayfield Ea-pen. These six individuals were selected and interviewed by Jason Cheng, who was Deputy Director of Programming for Systems, and Darlene Hasselbring, a Systems Project Manager. Cheng and Hasselbring elected Linn and Eapen for the final round of interviews, and the Assistant Commissioner of the Fire Department, Donald Stanton, selected Linn for the CSM position.

Training on new computer programs within Systems depends upon the projects to which employees are assigned. If they are assigned work that requires knowledge of a particular software application, they either learn the application themselves as part of doing their work or, if Systems’ budget permits it, they are sent out for formal training. Thus, when the Fire Department first transitioned to Oracle, some employees received training on Oracle applications needed for their particular position. Plaintiff received training on several Oracle applications beginning in 2003 and most recently, in November 2010.

In January 2006, plaintiff also began work on the payroll management system EPIS. As project coordinator for EPIS, she came into contact with coworker and data developer Sam Feldman.

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Cite This Page — Counsel Stack

Bluebook (online)
953 F. Supp. 2d 444, 2013 WL 3753557, 2013 U.S. Dist. LEXIS 102066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-city-of-new-york-nyed-2013.