Wright v. Jewish Child Care Ass'n

68 F. Supp. 3d 520, 2014 U.S. Dist. LEXIS 177025, 2014 WL 7330436
District Court, S.D. New York·Decided December 23, 2014·No. No. 13 Civ. 4976(NRB)·Published·Cited by 8 cases

Opinion

[521] MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Plaintiff Rhodella Wright (“Wright”) commenced- this action against her former employer, Jewish Child Care Association of New York (“JCCA”), alleging employment discrimination in violation of 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”). Presently before the Court is JCCA’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth herein, this motion is granted.

BACKGROUND1

I. Factual Background

Wright, a black woman over the age of forty, was first employed by JCCA in 1995 as a “Milieu Counselor,” working with children in the JCCA cottages in Pleasantville, New York. Cmplt. ¶¶ 8-9; 56.1 ¶¶ 3-5. In 2007, Wright applied for and received a transfer to work as a “Shipping and Inventory Clerk,” also at JCCA’s Pleasantville location. Cmplt. ¶ 9. However, in December 2010, Wright was informed that her clerk position was being retrenched and was asked to return to working in the cottages, an offer she rejected. As a result, she was laid off. 56.1 ¶¶ 910; Tr. 22-24.

Wright’s union filed a grievance on Wright’s behalf pursuant to its collective bargaining agreement with JCCA, claiming that, given her tenure at JCCA, Wright should be permitted to “bump” into another position.2 56.1 ¶ 11; Tr. 24-25. The grievance was settled on February 9, 2011, with an agreement that Wright would be transferred to a receptionist position in JCCA’s Bridges to Health (“B2H”) program in Brooklyn. 56.1 ¶¶ 13-14; Tr. 26. At the time, B2H employed 105 full-time employees, 45 of whom identified as Black or African American and 28 of whom were over forty years old.3 56.1 ¶¶ 16-17; Hucke Deck, ¶ 4. As a receptionist at B2H, Wright would be expected to, among other things, “[ajnswer telephones,” “[g]reet[] visitors to the program site,” perform “[cjlerical tasks as .assigned,” and “[p]ro-[522] vide front desk coverage.” PI. Opp., Ex. K. Wright was unhappy that she would now have to travel to Brooklyn, but agreed to take the position. 56.1 ¶ 18; Tr. 47-48.

On February 9, 2011, Wright was sent a letter confirming the terms of the settlement and her new employment, including her new salary, working hours, and that she would undergo a three-month probationary period. 56.1 ¶ 19; Friedfel Deck, Ex. C; PI. Opp., Ex. I. Wright contacted her union representative to dispute the probation requirement, but was told that probation was standard procedure, such that “when you go to a new position [at] JCCA they put you on probation.” 56.1 ¶¶ 20-22; Tr. 35. Nevertheless, Wright continued to question the circumstances of her probation, testifying that she believed that four Caucasian employees, two of whom she believed were under forty years old, had likewise been transferred but had not been asked to serve a probationary period. 56.1 ¶¶ 23, 26; Tr. 36-38. Wright indicated that these employees included a woman named Christy and a man named Guy; however, she testified that she did not know their last names or any information regarding the circumstances of their transfers. 56.1 ¶¶ 23-24; Tr. 36-38. In his subsequent review of the JCCA personnel files, Ruben Luyando, JCCA’s Senior Human Resources Business Partner, identified no employee named Christy and one non-union employee named Guy who had not transferred pursuant to a collective bargaining agreement “bump,” as Wright had done, but rather had applied to and was hired for a regular position in another JCCA location. 56.1 ¶ 25; Luyando Deck, ¶ 6.

On February 18, 2011, Wright began her position as receptionist at B2H. 56.1 ¶ 27; Tr. 51-52. Shortly thereafter, Wright required time off to care for her mother and was absent from February 22-25. 56.1 ¶ 30; Tr. 65-66.

During that time, JCCA moved to a new office, at which the B2H program was housed alongside other JCCA programs with one central reception area at the building entrance (“the front desk”). 56.1 ¶¶ 31-32; Tr. 64. Because B2H and the mental health program formed the two largest programs in the new space, the directors, of B2H and the mental health program agreed that their programs’ receptionists would provide the bulk of the front desk coverage. Hucke Deck, ¶ 5. To ensure adequate front desk coverage between the two receptionists, Wright’s work schedule was pushed back one hour, from 11-7 to 12-8. 56.1 ¶ 34; PI. Opp., Ex. H. Richard Hucke, director of B2H, and Lawrence Johnson, Wright’s direct supervisor who is also black, met with Wright to explain the change and provide her with written notice of the new schedule. 56.1 ¶ 35; Tr. 67-68. Wright objected to the change, indicating that her responsibility was only to work for B2H and not to help with the front desk, and she refused to sign the memo acknowledging the schedule change. 56.1 ¶ 36; Tr. 67-69, 74-75.

Shortly after the relocation, in early March 2011, the receptionist from the mental health program went on maternity leave and other clerical employees were asked to help cover the front desk in addition to their non-receptionist duties. 56.1 ¶¶ 3738; Tr. 79; Hucke Deck, ¶6. Management consequently issued a new front desk schedule, in which Wright was asked to staff the desk for four hours a day and the covering clerical employees were asked to staff the desk for one to three hours. 56.1 ¶ 39; PI. Opp., Ex. F.; Hucke Deck, ¶ 6. Wright was dissatisfied with this schedule and complained to Johnson and to the mental health program’s office manager that she had been given undue responsibility for the front desk. 56.1 ¶¶ 41-42; Tr. 82-84. In particular, Wright believes that she was unfairly asked to un[523] dertake more front desk coverage than others because of her earlier refusal to sign the memo regarding her schedule change. 56.1 ¶ 43; Tr. 117-18. Management changed the new schedule six times in an attempt to accommodate Wright, but she rejected each change as unfair and criticized management for failing to consult with her before setting a new schedule. 56.1 ¶¶ 44^5; Tr. 10305.

In late March, Wright was again absent for at least four days due to illness, and she left work early on April 7, 2011. 56.1 ¶¶ 46-47; Tr. 161, 164. Because Wright’s responsibilities, including front desk coverage, had to be fulfilled daily, other employees were asked to cover for Wright during her absence. 56.1 ¶ 48; Tr. 147-48.

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Wright v. Jewish Child Care Ass'n, 68 F. Supp. 3d 520, 2014 U.S. Dist. LEXIS 177025, 2014 WL 7330436 (S.D.N.Y. 2014).

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