Washington v. Securitas Security Services USA, Inc.

221 F. Supp. 3d 347, 2016 U.S. Dist. LEXIS 161998, 2016 WL 6875706
CourtDistrict Court, W.D. New York
DecidedNovember 22, 2016
DocketNo. 1:13-CV-00617(MAT)
StatusPublished

This text of 221 F. Supp. 3d 347 (Washington v. Securitas Security Services USA, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Securitas Security Services USA, Inc., 221 F. Supp. 3d 347, 2016 U.S. Dist. LEXIS 161998, 2016 WL 6875706 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

HON. MICHAEL A. TELESCA, United States District Judge

I. Introduction

Proceeding pro se, plaintiff Jermaine Washington (“plaintiff’), a current employee of defendant Securitas Security Services USA, Inc. (“defendant” or “Secu-ritas”), brings this employment discrimination action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2Q00e et. seq., asserting claims of racial discrimination and retaliation. Presently before the Court is defendant’s motion for summary judgment. Doc. 67. For the reasons set forth below, defendant’s motion is granted.

II. Factual Background and Procedural History

The following material facts are taken from the parties’ submissions in connection with this motion and from the record in the case. Plaintiff, who is Black,1 began [350]*350working at Securitas’ Buffalo branch (“the Buffalo branch”) in July 2008. From that time until approximately January 6, 2012, plaintiff worked as a road patrol officer.2 In his capacity as road patrol officer, plaintiffs duties included “handling calls, making patrols, response to alarms, providing coverage if a security officer at a site was out, and completing paperwork, including payroll.” Doc. 67-9, Dec. of Roslyn Binde-mann (Bindemann dec.), at ¶ 3.

At the time he was hired, plaintiff signed Securitas’ Applicant Agreement and an Employee Handbook Acknowledgment, both of which stated that plaintiffs employment was at-will. On April 18, 2009, plaintiff signed an “Employment Standards Acknowledgment” which stated, among other things, “I understand that I can expect transfers among facilities from time to time, which may include varying locations, hours, and/or changes in rates of pay, based upon the client contract and business needs of [Securitas]. I understand that work schedules are not guaranteed and that a work week may vary as required by Securitas.” Doc. 67-7 at 4.

At the Buffalo branch, the road patrol unit is typically comprised of three to four employees. Each of these employees first completed field training, and then training on how to use the employee payroll system (known as “SAFES”). Securitas describes payroll functions as second only to road patrol functions in a road patrol officer’s hierarchy of duties. According to Securi-tas, training an employee on the SAFES system took approximately two to three weeks. Plaintiff does not dispute that payroll was one of his primary job duties.

In September 2011, the Buffalo branch experienced some personnel changes. Jeffrey Jackson, who had supervised plaintiff in the position of scheduling manager, was terminated. Jackson, who is Caucasian, was replaced in that position by Joseph Wooley, who is Black. Although plaintiff interviewed for the scheduling manager position vacated by Jackson, Wooley was hired because he had more relevant experience. Frantz St. Jean, who was Black and a branch manager at the Buffalo branch, was also terminated in September 2011. Plaintiff describes the transition as “huge office turnover ... creating a backlog of payroll which amounted to 72 sites and excess 250 employeesf] payroll” requiring processing in the SAFES system “the Thursday ending the week of September 29, 2011.” Doc. 70 (manually filed), Plaintiffs Opposition to Summary Judgment (P. Opp.), at 2.

Also in September 2011, two Caucasian employees, John Montanaro and Dennis Steiner, were hired as road patrol officers. Thus, during the time frame from on or about September 11, 2011 through mid-October 2011, the road patrol unit consisted of Wooley, plaintiff, Montanaro, and Steiner.3 Neither Wooley, Montanaro, nor Steiner were trained to enter payroll until approximately mid-October; therefore, plaintiff was the only road patrol employee who could perform payroll responsibilities during that timeframe.

When Wooley was promoted to scheduling manager instead of plaintiff, branch [351]*351manager Roslyn Bindemann offered plaintiff the higher-paying position of lead road patrol officer. Plaintiff declined, however, and told Bindemann that “since [he] was not considered for the scheduling manager position, [he] would like to be placed at a site with comparable pay or...a higher paying site.” Doc. 67-4 at 7 (Plaintiff depo. at 28-29).4 Plaintiff testified that Binde-mann responded that she would “make sure [this] was done.” Id. Plaintiff “mention[ed] to... Bindemann that [plaintiff] had met with.. .Jeffrey Jackson about going to the Buffalo Sewer Authority [“BSA”].” Plaintiff depo. at 79. He “didn’t name FedEx specifically” as a site to wish he desired transfer. Id at 39.

During the September-October 2011 time frame discussed above, plaintiff and his supervisors exchanged several emails regarding plaintiffs payroll responsibilities. Plaintiff expressed frustration that he was required to complete payroll responsibilities with no help from other members of the road patrol unit, while at the same time being expected to complete his road patrol responsibilities. Wooley, who supervised Montanaro, Steiner, and plaintiff, had not yet been trained on payroll himself, and as it was Wooley’s responsibility to train Montanaro and Steiner, they similarly lacked the knowledge necessary to complete payroll tasks. Wooley and Binde-mann attempted to account for plaintiffs extra responsibilities in payroll by decreasing some of his road patrol duties. See doc. 67-7 at 26, 29.

On October 1, 2011, Bindemann sent an email which stated, as relevant to plaintiffs claims:

DENNIS [Steiner] AND JOHN [Mon-tanaro] NEED TO LEARN [payroll], I NEED THEM TO GO ON TO SAFES AND LEARN THE SYSTEM....
JERMAINE [PLAINTIFF] — UNTIL THEY LEARN — IT WILL BE YOUR RESPONSIBILITY TO DO THIS AND I WILL NOT BE SCHEDULING ANOTHER OFFICER IN ON THE SAME DAY LIKE LAST WEEK — IF YOU NEED TO COME IN ON THURSDAY NIGHT AGAIN TO FINISH IT — ONE NIGHT WILL BE TAKEN AWAY FROM YOU DURING THE WEEK.
I AM DEAD SERIOUS ABOUT GETTING THIS TASK DONE.

Id. at 29 (emphasis in original). Bindemann testified that, by this email, she meant that she “would take a day away, but [she] would never dock any pay. [She] would substitute it for a day, so that [plaintiff] could work on the Thursday and not work another day and put somebody else in there.” Doc. 67-6 at 22 [Bindemann depo. at 86].5

Plaintiff testified that he “was totally put back by this e-mail,” which he saw as “threatening” because it was “in all caps.” Plaintiff depo. at 200-01. He testified that he believed the “e-mail showed discrimination” because “[Steiner] and [Montanaro, both of whom were Caucasian] were not given that same mandate.” Id. at 201. According to plaintiff, Bindemann’s email discriminated because it “[gave Steiner and Montanaro] the choice of learning [payroll] rather than tasking them with the mandate of learning it, and also ensuring that [352]*352they immediately learned it.” Id Plaintiffs repeated emails to Wooley, Mary Martino (a branch manager), and Bindemann did not mention or complain of discrimination. When questioned as to whether he ever complained of discrimination to Securitas, plaintiff testified that “all of the e-mails [he] sent to management were about asking for assistance.” Id. at 219.

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Bluebook (online)
221 F. Supp. 3d 347, 2016 U.S. Dist. LEXIS 161998, 2016 WL 6875706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-securitas-security-services-usa-inc-nywd-2016.