Workneh v. Pall Corp.

897 F. Supp. 2d 121, 2012 WL 4845836, 2012 U.S. Dist. LEXIS 147397
CourtDistrict Court, E.D. New York
DecidedOctober 11, 2012
DocketNo. 10-CV-3479 (WFK)(LB)
StatusPublished
Cited by16 cases

This text of 897 F. Supp. 2d 121 (Workneh v. Pall Corp.) 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
Workneh v. Pall Corp., 897 F. Supp. 2d 121, 2012 WL 4845836, 2012 U.S. Dist. LEXIS 147397 (E.D.N.Y. 2012).

Opinion

MEMORANDUM AND ORDER

KUNTZ, District Judge.

Plaintiff Abiye Workneh (“Plaintiff’ or “Workneh”) brings this action against his former employer, Pall Corporation (“Pall”), and three individual defendants, Morven McAlister (“McAlister”), Wei Bing Ding (“Ding”), and William Wilson (“Wilson”) (collectively “Defendants”), alleging violations of Title VII of the Civil Rights Act of 1964 (“Title VII”). Plaintiff, a black male of Ethiopian decent and former employee of Pall, asserts Defendants discriminated against him on the basis of his race and national origin, and retaliated against him for complaining about the alleged discrimination. Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated, this Court grants the motion for summary judgment by Defendants.

[125]*125I. Factual Background

Plaintiff commenced employment with Pall in June 1992 as a Laboratory Analyst. Defs.’ Rule 56.1 St., at ¶ 1. His starting annual base salary was $23,000.00. Id. at ¶ 2. In September 1994, he was promoted from Laboratory Analyst to Senior Laboratory Analyst. Id. at ¶ 3. In December 1997, Plaintiff was promoted to Supervisor and, in January 2005, he was promoted to Supervisor of the Validation (Chemistry) Laboratory. Id. at ¶¶ 4-5. In June 2005, Plaintiff was promoted to Senior Supervisor of the Validation (Chemistry) Laboratory. Id. at ¶ 6. During his tenure at Pall, Plaintiff was promoted four different times and received approximately twenty raises in his annual base salary. Defs.’ Exs. B (Pl.’s Dep. Tr. 42:18-22); F (Job Titles and Salary History for Abiye Workneh). At the time of his resignation from Pall on February 3, 2011, his annual base salary was approximately $59,682.48. Defs.’ Exs. F, W (Resignation letter, dated Feb. 8, 2011).1

In July 2005, Plaintiff sent an email to Steven Haas (“Haas”), then Vice President for Human Resources. Defs.’ Ex. G (July 2005 Email). In the July 2005 Email, Plaintiff expressed he expected “things to change” in the “form of a promotion and the financial increase that comes along with it.” Id. He stated his “salary [was] not a true reflection of [his] services that [he] provided throughout the years.” Id. The Court notes Plaintiff received a promotion to Senior Supervisor of the Validation (Chemistry) Laboratory and salary increase on or about June 29, 2005 — approximately one month before sending the July 2005 Email. Defs.’ Ex. F. On July 22, 2005, Plaintiff met with Human Resources Generalist Toni Ardolino (“Ardolino”), Wilson (Plaintiffs direct supervisor), and McAlister (Wilson’s direct supervisor), to discuss the contents of the July 2005 Email, Plaintiffs job title, and the goals Plaintiff needed to achieve to advance to the next level. Defs.’ Rule 56.1 St., at ¶¶ 8-9, 12; Defs.’ Ex. H (Memo to File, dated July 25, 2005). During the meeting, Ardolino reviewed Plaintiffs entire compensation history with him and compared it to other employees, their dates of hire, and their current salary levels. Defs.’ Ex. H; Defs.’ Rule 56.1 St., at ¶ 13. Plaintiff expressed “no issues with his pay at the moment,” but he felt “this new title, promotion and compensation is where he should have been four to five years ago and that Human Resources [had] failed him.” Defs.’ Ex. H. Ardolino wrote in the Memo to File that Plaintiff had not made any complaints to Human Resources before the July 2005 Email. Id.

Later that day, Plaintiff met separately with 'Haas. Defs.’ Rule 56.1 St., at ¶ 14. Haas presented Plaintiff with a handwritten note on a document containing a typewritten list of goals Plaintiff received during the previous meeting that day. The handwritten note states: “If you deliver of the aforementioned goals satisfactorily and to the approval of senior management and you sustain continued satisfactory performance relative to your current title Sr. Supervisor and display through achievements required by your Supervisor, Morven M., we will review and consider granting the title of Ass’t Lab Mgr. in the first of 2006.” Defs.’ Ex. J. (Haas Note). Plaintiff testified his understanding of the handwritten note was the belief that “there was going to be a review of [his] performance within six months, and then they were looking to intend that there would be [126]*126a promotion if [he] satisfactorily met [his] obligations.” Pl.’s Dep. Tr. 146:8-15. Plaintiff acknowledged that the handwritten note did not establish the promise of a promotion, but that he would be considered for the promotion in the first half of 2006. Id. at 147:6-14.

Plaintiff received an overall rating of “Partially Meets Expectations” on his performance evaluation for the period November 12, 2005 to November 11, 2006. Defs.’ Ex. K (Nov.2006 Appraisal). He received a manager rating from Wilson of “Partially Meets Expectations” for Goal 1, to “understand and be capable of performing all supervisory responsibilities and work with minimum input from Laboratory Management.” Id. Notably, Plaintiff rated himself as “Exceeds Expectations” for Goal 1. Id. Plaintiff received a rating of “Meets Expectations” for Goal 2, “Ensuring the laboratory meets all regulatory requirements particularly to the ISO9001 Standard.” Id. Plaintiff rated himself as “Exceeds Expectations” for Goal 2. Id. Plaintiff received a rating of “Meets Expectations” for Goal 3, to “represent Laboratory management and interact with visiting customers as appropriate.” Id. Plaintiff rated himself as “Exceeds Expectations” for Goal 3. Id. Plaintiff received a rating of “Partially Meets Expectations” for Goal 4, to “act as a project Manager;” Plaintiff indicated Goal 4 was not applicable. Id. Goal 5 was to “research, develop, standardize and implement new proeedures/methodologies for laboratory projects; determine areas for improvement; determine how issues can be addressed.” Id. Plaintiff received a rating of “Below Expectations;” Plaintiff did not rate himself for Goal 5. Plaintiff received a rating of “Below Expectations” for Goal 6, “Training on model solvents;” Plaintiff did not rate himself for Goal 6. Id. During his deposition, Plaintiff stated he did not see “eye to eye” with Wilson on the quality of his performance with respect to any of the performance goals established in the November 2006 Appraisal. PL’s Dep. Tr. 124:16-20.

On October 8, 2008, Plaintiff sent an email to Haas and Kathleen Moldenhauer, then Senior Vice President of Human Resources, stating he was “writing this letter because of what” he viewed as an “unjust and wrong approach towards [his] professional growth and upward movement within the company.” Defs.’ Ex. L (Oct.2008 Email). He wrote, “[a]s a result of the continued inobjective assessment of my performance, which has translated into my stymied growth here, leads me to believe that I have been subjected to unfair, unjust and discriminatory practices.” Id.

On October 23, 2008, Moldenhauer and Ardolino met with Plaintiff to discuss the October 2008 Email. Defs.’ Rule 56.1 St., at ¶ 30; Defs.’ Ex. M (Memo to File, dated Oct. 23, 2008). Moldenhauer addressed the November 2006 Appraisal and stated to Plaintiff he “was partially meeting expectations and it was specific as to what areas were not meeting expectations.” Defs.’ Ex. M.

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Bluebook (online)
897 F. Supp. 2d 121, 2012 WL 4845836, 2012 U.S. Dist. LEXIS 147397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workneh-v-pall-corp-nyed-2012.