Zacharowicz v. Nassau Health Care Corp.

177 F. App'x 152
Court of Appeals for the Second Circuit·Decided April 21, 2006·No. No. 05-4217-cv·Published·Cited by 9 cases

Opinion

SUMMARY ORDER

Plaintiff-Appellant Leon Zacharowicz appeals the district court’s order granting summary judgment to Defendants-Appellees Nassau Health Care Corporation and Nassau University Medical Center (collectively “the hospital”) in his action alleging discriminatory retaliation, discriminatory discharge, failure to accommodate, and hostile work environment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and the New York State Human Rights Law, N.Y. Exec. L. §§ 290 et seq. We presume the parties’ familiarity with the facts, the procedural history, and the scope of the issues presented on appeal, which we reference only as necessary to explain our decision.

Zacharowicz, an Orthodox Jewish physician who was employed by the hospital from June 1997 to June 2001, says he complained repeatedly about being scheduled to work or to be on-call in the pediatric neurology department during Jewish Sabbaths and religious holidays. He alleges that his termination in June 2001 during a financial crisis was, in fact, because of his demands for accommodation of his religious practices and out of discriminatory animus towards him on account of his religion. The district court held that Zacharowicz had not made out a prima facie case of religious discrimination or hostile work environment, and that he could not prove retaliation because he had not produced evidence that the hospital’s stated reasons for firing him—specifically, the downsizing occasioned by the financial crisis, coupled with complaints made about Zacharowicz by staff, patients, and residents—were a pretext for retaliation.

There are two aspects to Zacharowicz’s religious discrimination claim: (1) failure to accommodate his religious practice, and (2) discriminatory discharge on account of his religion. It is an unlawful employment practice under Title VII “for an employer not to make reasonable accommodations, short of undue hardship, for the religious practices of his employees and prospective employees.” Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 74, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977). However, a Title VII claim is time-barred if an employee does not file a charge with the Equal Employment Opportunity Commission (“EEOC”) within 300 days after the alleged unlawful practice. See 42 U.S.C. § 2000e-5(e)(1). And, we have [154] held that “an employer’s rejection of an employee’s proposed accommodation for religious practices does not give rise to a continuing violation [but rather] is the sort of ‘discrete act’ that must be the subject of a complaint to the EEOC within 300 days.” Elmenayer v. ABF Freight Sys., Inc., 318 F.3d 130, 134-35 (2d Cir.2003).

Zacharowicz filed his EEOC complaint on June 15, 2001. Therefore, any claim he had for the hospital’s failure to accommodate his religious practice prior to August 19, 2000 is time-barred. Zacharowicz has not alleged any unheeded requests for religious accommodation that occurred after this date. To the extent that he has, the hospital accommodated him in May 2001 by transferring him from the child neurology department to the adult neurology department, where he would no longer have Saturday call. Accordingly, we affirm the district court’s dismissal of Zacharowicz’s religious accommodation claim.1

Zacharowicz also alleges that he was terminated on account of his religion, which the district court did not address directly. A prima facie case of discriminatory discharge requires a showing that (1) the plaintiff belongs to a protected class; (2) he was performing his duties satisfactorily; (3) he was discharged; and (4) his discharge occurred in circumstances giving rise to an inference of discrimination on the basis of his membership in that class. Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 37 (2d Cir.1994). Once a plaintiff meets his burden, the burden of production shifts to the defendant to proffer a “ ‘legitimate, nondiscriminatory reason’ ” for the discharge. Woodman v. WWORTV, Inc., 411 F.3d 69, 76 (2d Cir.2005) (quoting Slattery v. Swiss Reinsurance Am. Corp., 248 F.3d 87, 91 (2d Cir.2001)). “[O]nce the employer has proffered its nondiscriminatory reason, the employer will be entitled to summary judgment ... unless the plaintiff can point to evidence that reasonably supports a finding of prohibited discrimination.” James v. N.Y. Racing Ass’n, 233 F.3d 149, 154 (2d Cir.2000).

Zacharowicz seeks to rebut the hospital’s contention that it fired him as part of the restructuring brought on by its financial crisis and because of his poor relationship with staff and colleagues by pointing to the fact that one year or so later, it created a full-time position for another neurologist. Assuming arguendo that in this way, and by challenging the hospital’s assertions seeking to link Zacharowicz’s selection for firing to the admitted general financial crisis, Zacharowicz has made out a sufficient case so that a jury could find that the hospital’s stated reason for firing him was “pretextual,” see, e.g., Viola v. Philips Med. Sys. of N. Am., 42 F.3d 712, 718 (2d Cir.1994), such a case is not, without more, sufficient to establish an inference of religious discrimination or retaliation for a protected activity. See id.; see also Jute v. Hamilton Sundstrand Corp., 420 F.3d 166, 173 (2d Cir.2005) (applying to a retaliation claim the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). As we held in Fisher v. Vassar College, 114 F.3d 1332 (2d Cir.1997) (en banc), “the fact that the proffered reason was false does not necessarily mean that the true motive was the illegal one argued by the plaintiff.” Id. at 1338; see also id. at 1337 (“[T]he essential elements of [a] diminished, minimal prima facie case do not necessarily support a reasonable inference of illegal discrimina[155] tion.”). Rather, where, as here, “the plaintiff create[s] only a weak issue of fact as to whether the employer’s reason was untrue and there was abundant and uncontroverted independent evidence that no discrimination had occurred,” the employer is entitled to judgment as a matter of law. Reeves v. Sanderson Plumbing Prods., Inc., 580 U.S. 138, 148, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

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Zacharowicz v. Nassau Health Care Corp., 177 F. App'x 152 (2d Cir. 2006).

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