Espinoza v. N.Y.C. Dep't of Transp.
Espinoza v. N.Y.C. Dep't of Transp.
Opinion of the Court
Plaintiff Nevada Espinoza, proceeding pro se, brings this action pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. , the New York State Human Rights Law ("NYSHRL"),
Before me is Defendants' motion for summary judgment. For the reasons stated below, Defendants' motion for summary judgment is GRANTED as to Plaintiff's federal and NYSHRL claims, which are dismissed with prejudice. Because I dismiss the federal claims before me, and because Plaintiff's NYCHRL claims are governed under a lower threshold of proof than their federal counterparts, I decline to exercise supplemental jurisdiction. Therefore, Defendants' motion for summary judgment is DENIED as to Plaintiff's NYCHRL claims, and Plaintiff's NYCHRL claims are dismissed without prejudice.
I. Background
Plaintiff is a Rastafarian, African-American male from Trinidad and Tobago. (Espinoza Decl. ¶ 2.)
A. Plaintiff's Appointment as Provisional Supervisor of Mechanics and Mechanical Equipment
Plaintiff was hired by the DOT in February 2006.
In January 2011, Plaintiff was provisionally appointed as the Supervisor of Mechanics and Mechanical Equipment ("SOMME") by John Paterno ("Paterno"), an Executive Director of the DOT's Fleet Services Division. (Defs.' 56.1 ¶ 12; Pl.'s Resp. 56.1 ¶ 12; Espinoza Decl. ¶¶ 54-55.) In this role, Plaintiff performed duties such as "insur[ing] that an adequate supply of proper parts is maintained in all stockrooms," "initiat[ing] purchase of parts and equipment," "contact[ing] vendors to ensure that parts, materials and equipment are made to specifications and will be delivered on time," and "develop[ing], recommend[ing], and implement[ing] productivity and cost saving measures." (Doc. 75-2, at 25.)
During the time that he was a provisional SOMME, Plaintiff was supervised primarily by Paterno. (Espinoza Dep. 28:20-23.)
B. DOT's Appointment of a Permanent Supervisor of Mechanics and Mechanical Equipment
In approximately August 2011, the DOT distributed a "notice of examination" notifying *380DOT employees of the possibility of promotion to a permanent SOMME position. (Espinoza Decl. ¶ 63; see also Doc. 75-9, at 5.) The notice stated that the application period was between January 4 and January 24, 2012, that candidates should submit an application online if they believed they were eligible, and that they would be required to sit for a multiple-choice test on April 28, 2012. (Doc. 75-9, at 5.) The notice further stated that in order to qualify to take the examination, the candidate must "hold[ ] a permanent (not provisional) competitive appointment or appear[ ] on a Preferred List ... for the title of Auto Machinist, Auto Mechanic, Auto Mechanic (Diesel), Electrician (Automobile), or Machinist." (Id. at 6.) Lastly, candidates were notified that "[i]f [they] pass[ed] the multiple-choice test and [were] marked eligible, [their] name w[ould] be placed in final score order on an eligible list and [they would] be given a list number," and that they would be "considered for promotion when [their] name [was] reached on the eligible list." (Id. at 7.)
Plaintiff took the exam on April 28, 2012. (Espinoza Decl. ¶ 69.) Thereafter, as stated on the notice, the New York City Department of Citywide Administrative Services ("NYCDCAS") created a list of eligible applicants based on the candidates' scores ("Promotion List"). (Defs.' 56.1 ¶ 13; Espinoza Decl. ¶ 71.) This list was published on February 27, 2013. (Defs.' 56.1 ¶ 13; Espinoza Decl. ¶ 71.) Out of the fifty-eight total DOT employees who passed the exam and were placed on the list, Plaintiff was ranked number fifty-one. (Defs.' 56.1 ¶¶ 14, 17; Espinoza Decl. ¶¶ 73-74; see also Doc. 69-8, at 15.)
The DOT interviewed fourteen candidates from the Promotion List in order of test score.
*381Once the promotion decisions were made, Plaintiff was returned to his permanent Auto Mechanic civil service title. (See Defs.' 56.1 ¶ 19; Espinoza Decl. ¶ 87; Doc. 69-10, at 12.) Jean Frankowski, the Director of Personnel at the DOT, sent Plaintiff a letter on May 22, 2013 informing him that he would lose his provisional SOMME title on June 8, 2013 and return to his Auto Mechanic title as of June 9, 2013. (See Espinoza Decl. ¶ 87; Doc. 69-11, at 2.) The letter stated: "This is to inform you that due to the promulgation of the civil service list for Supervisor of Mechanics (Mechanical Equipment), a title you now hold provisionally, it will become necessary to terminate your provisional services effective June 8, 2013." (Doc. 69-11, at 2.) This was, according to Plaintiff, the first time he had learned that he would lose his provisional SOMME title. (Espinoza Decl. ¶ 87.) Out of the seven candidates who were provisional SOMMEs, three, including Plaintiff, were returned to their permanent underlying titles, and the other four were hired as permanent SOMMEs based on their scores on the list. (Id. ¶ 88; see also Doc. 69-10, at 12.)
C. Plaintiff's Notice of Discrimination
On February 21, 2014, Plaintiff filed a notice of charge of discrimination with the Equal Employment Opportunity Commission ("EEOC" and "EEOC Charge"). (Defs.' 56.1 ¶ 4; Pl.'s Resp. 56.1 ¶ 4; see also Doc. 69-1.) In the EEOC Charge, Plaintiff alleged that he was discriminated against based on his race and national origin because his salary was reduced and his title was changed to Auto Mechanic, while a co-worker who was not African-American maintained his provisional title. (Doc. 69-1, at 2-4, 6.) The co-worker who Plaintiff referenced was employed by the Department of Sanitation ("DOS") and did not take the civil service examination. (Id. at 6.) On December 9, 2014, the EEOC issued a determination that it was "unable to conclude that the information obtained establishes violation of the statutes," and along with that determination it issued a notice of the right to file a lawsuit in federal or state court within ninety days of receipt. (Defs.' 56.1 ¶ 6; Pl.'s Resp. 56.1 ¶ 6; see also Doc. 69-2, at 2.)
II. Procedural History
Plaintiff commenced this action on February 13, 2015. (Doc. 2.) He moved to proceed in forma pauperis, so that he could proceed without prepayment of fees, on the same day. (Doc. 1.) Plaintiff's application to proceed in forma pauperis was granted on February 17, 2015. (Doc. 3.) On February 23, 2015, the case was assigned to me. (Dkt. Entry Feb. 23, 2015.)
After granting Defendants' request for extension of time to respond to the Complaint, (Doc. 9), on July 13, 2015, I granted Defendants' request for a pre-motion conference regarding their anticipated motion to dismiss, (Doc. 11). Plaintiff submitted a response to Defendants' pre-motion letter on July 28, 2015, (Doc. 12), and I held the pre-motion conference on August 14, 2015, (see Dkt. Entry Aug. 14, 2015). Shortly thereafter, I granted Defendants leave to file a motion to dismiss the Complaint. (Doc. 16.) Defendants filed their motion to dismiss, memorandum of law, and declaration in support of the motion on October 23, 2015. (Docs. 17-19.)
On November 23, 2015, Plaintiff filed the First Amended Complaint ("FAC"), which was amended for the purpose of including additional defendants. (Doc. 20.) On December 2, 2015, Defendants requested an extension of time to respond, which I granted. (Doc. 23.) Defendants then filed their answer to the FAC on January 20, 2016. (Doc. 25.)
Based on the FAC, on February 18, 2016, I ordered service on an additional *382three defendants-Michael Krafinski, John Paterno, and Basil Ciraolo (collectively, the "Individual Defendants"). (Doc. 27.) The Individual Defendants were served on April 7, 2016. (See Docs. 30-32.) Thereafter, on June 1, 2016, the Individual Defendants filed their answer to the FAC. (Doc. 34.)
On August 11, 2015, the Individual Defendants together with the Defendants as defined in the instant Opinion and Order filed a pre-motion letter requesting a conference with respect to their anticipated motion for judgment on the pleadings, (Doc. 39), to which Plaintiff replied on August 18, 2016, (Doc. 41). I granted the request for a pre-motion conference and held the conference on October 24, 2016. (See Dkt. Entry Oct. 24, 2016.) Pursuant to the conference, I issued an order (1) extending discovery, (2) directing parties to submit an amended case management plan reflecting revised discovery deadlines, and (3) directing the parties to confer and submit a joint letter indicating whether Plaintiff would amend the complaint for a second time. (Doc. 44.) Defendants submitted a proposed amended case management plan on October 27, 2016, (Doc. 45), and a status report on November 14, 2016 informing me that the parties had reached an agreement and that a stipulation was forthcoming, (Doc. 49). On November 23, 2016, the parties filed a stipulation stating that Plaintiff would agree to the dismissal of claims, with prejudice, against the Individual Defendants, and that Plaintiff would file a second amended complaint. (Doc. 52.)
Plaintiff filed the SAC on November 23, 2016, (Doc. 53), and at Defendants' request I held another pre-motion conference on April 13, 2017, (see Dkt. Entry Apr. 13, 2017). Pursuant to that conference, and as discussed on the record, I issued an order directing Defendants to file their motion for summary judgment by May 25, 2017, and setting briefing deadlines for the opposition and reply. (Doc. 64.) After one extension of time, (Doc. 66), on July 13, 2017, Defendants filed their motion for summary judgment, along with a memorandum of law and supporting papers, (Docs. 67-70). Plaintiff filed his opposition on October 20, 2017, (Doc. 75), and Defendants filed their reply on November 9, 2017, (Doc. 78).
III. Legal Standards
A. Summary Judgment
Summary judgment is appropriate when "the parties' submissions show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Fay v. Oxford Health Plan ,
On a motion for summary judgment, the moving party bears the initial burden of establishing that no genuine factual dispute exists, and, if satisfied, the burden shifts to the nonmoving party to "set forth specific facts showing that there is a genuine issue for trial,"
*383"A party asserting that a fact cannot be or is genuinely disputed must support the assertion by ... citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials ...." Fed. R. Civ. P. 56(c)(1). In the event that "a party fails ... to properly address another party's assertion of fact as required by Rule 56(c), the court may," among other things, "consider the fact undisputed for purposes of the motion" or "grant summary judgment if the motion and supporting materials-including the facts considered undisputed-show that the movant is entitled to it." Fed. R. Civ. P. 56(e)(2), (3).
In considering a summary judgment motion, the court must "view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in its favor, and may grant summary judgment only when no reasonable trier of fact could find in favor of the nonmoving party." Allen v. Coughlin ,
B. Pro Se Litigant
Pro se litigants are afforded "special solicitude" on motions for summary judgment. Graham v. Lewinski ,
However, "pro se status does not exempt a party from compliance with relevant rules of procedural and substantive law." Triestman v. Fed. Bureau of Prisons ,
*384Lee v. Coughlin ,
IV. Discussion
Plaintiff claims that Defendants discriminated against him based on his race, color, religion, and national origin pursuant to Title VII, the NYSHRL, and the NYCHRL. (See SAC 1-3.) As an initial matter, in his opposition to Defendant's summary judgment motion, Plaintiff, for the first time, raises several new claims: (1) a Title VII disparate impact claim based on the results of the DOT's selection process; (2) a Title VII claim based on failure to provide an alternate title; (3) a Title VII claim based on failure to promote prior to Plaintiff's change in title; (4) a Title VII retaliation claim; (5) violations of
Although a pro se plaintiff's pleadings must be liberally construed, see Estelle v. Gamble ,
Because Plaintiff had ample opportunity to raise his additional claims and failed to do so until the summary judgment stage, I will not grant Plaintiff leave to amend nor consider his additional claims. Thus, I will only consider Plaintiff's Title VII, the NYSHRL, and NYCHRL claims for race, color, religion, and national origin discrimination, which I analyze in turn below.
A. Timeliness and Exhaustion
1. Applicable Law
Before a plaintiff can file a Title VII complaint in federal district court, the plaintiff must exhaust all available administrative remedies-he or she must file a timely charge of discrimination with the EEOC and receive a letter providing for *385the right to sue. See Deravin v. Kerik ,
"In a State that has an entity with the authority to grant or seek relief with respect to the alleged unlawful practice, an employee who initially files a grievance with that agency must file the charge with the EEOC within 300 days of the employment practice; in all other States, the charge must be filed within 180 days." Nat'l R.R. Passenger Corp. v. Morgan ,
If a plaintiff alleges discriminatory behavior taking place before the applicable 300-day period, " 'the nature of the claim' determines the treatment of the prior conduct." Anyanwu v. City of New York , No. 10 Civ. 8498(AJN)(THK),
The time begins to run for each discrete discriminatory act when the plaintiff "knew or had reason to know of the injury serving as the basis for [the] claim." Harris v. City of New York ,
2. Application
Because Plaintiff's claim in the instant action is predicated on a specific act-namely, *386his change in title from provisional SOMME to Auto Mechanic, (see SAC 3)-Plaintiff's claim is a disparate treatment claim and the "discrete act" must fall within the 300-day period, see Morgan ,
Although Defendants argue that Plaintiff's claims all arise out of conduct occurring before April 27, 2013, and thus must be dismissed, (see Defs.' Mem. 3.),
B. Title VII and NYSHRL Claims
Plaintiff alleges that Defendants violated Title VII and the NYSHRL on the basis that Defendants changed his title from provisional SOMME to Auto Mechanic and thus discriminated against him based on his race, color, religion, and national origin. (See SAC 1-3, 6-7.) Because Plaintiff has not met his burden of establishing a prima facie case of discrimination, Plaintiff's claims fail.
1. Applicable Law
Under Title VII, it is "an unlawful employment practice for an employer ... to discriminate against any individual with *387respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1). Courts in this Circuit analyze federal and state discrimination claims together, and apply the same standard of proof with respect to both Title VII and NYSHRL claims. Mandell v. Cty. of Suffolk ,
Under Title VII and the NYSHRL, discrimination claims based on race, color, religion, and national origin are analyzed under the familiar three-step burden-shifting framework established in McDonnell Douglas Corp. v. Green ,
If a plaintiff successfully presents a prima facie case of discrimination, the burden shifts to the defendant to proffer legitimate, non-discriminatory reasons for the adverse employment action. See Abdu-Brisson ,
The burden then shifts back to the plaintiff to demonstrate, by a preponderance of the evidence, that the proffered reason is a pretext for discrimination. See United States v. City of New York ,
*388Holcomb ,
In other words, to defeat summary judgment, "the plaintiff's admissible evidence must show circumstances that would be sufficient to permit a rational finder of fact to infer that the defendant's employment decision was more likely than not based in whole or in part on discrimination." Stern v. Trs. of Columbia Univ. ,
2. Application
Defendant does not contest the first and third prongs of the McDonnell Douglas prima facie framework-that Plaintiff is a member of a protected class and that he suffered an adverse employment action. (See Defs.' Mem. 1-2.) Plaintiff is a Rastafarian African-American male from Trinidad and Tobago, (Espinoza Decl. ¶ 2), and thus belongs to a protected class. Further, he suffered an adverse employment action because on June 9, 2013, Plaintiff was returned to his permanent Auto Mechanic title, which is a "less prestigious" title with a "significant pay cut." (Id. ¶ 89.) Because this constituted a "materially adverse change" in his employment that was "more disruptive than a mere inconvenience or alteration of job responsibilities," the adverse employment prong of the McDonnell Douglas analysis is satisfied. Raspardo v. Carlone ,
With respect to the second prong-whether Plaintiff was qualified for continued employment-Defendants argue that "he was objectively deemed not qualified for the permanent SOMME appointment because his low score on the civil service examination rendered him unreachable on the promotion list." (Defs.' Mem. 1.) I find Defendants' argument unpersuasive, because it rests on Plaintiff's relative test *389results. There is no evidence that applicants who scored below a certain number would be ineligible for the permanent SOMME appointment-whether an applicant would be found qualified under Defendants' scheme depends upon how a particular applicant did on the exam relative to others who took the exam at the same time.
Plaintiff did meet the minimum requirements for the application itself: he was a DOT employee, had a qualifying title, and had the correct type of license, which qualified him to be included on the Promotion List. (See Defs.' 56.1 ¶ 17; Espinoza Decl. ¶¶ 72, 74, 80.) The fact that he was initially placed on the Promotion List suffices to demonstrate he was qualified. See De La Cruz v. N.Y.C. Human Res. Admin. ,
Plaintiff's claim fails, however, because he fails to satisfy his burden of proving circumstances that give rise to an inference of discrimination. An inference of discrimination can be proven through a variety of methods, including "the employer's criticism of the plaintiff's performance in ethnically degrading terms; or its invidious comments about others in the employee's protected group; or the more favorable treatment of employees not in the protected group; or the sequence of events leading to the plaintiff's discharge." Littlejohn v. City of New York ,
As an initial matter, Plaintiff was a provisional employee who, under New York's Civil Service Laws, must be "terminated within two months following the establishment of an appropriate eligible list for filling vacancies in such positions."
Plaintiff further fails to show that he was treated differently than someone similarly situated because of his race, color, religion, or national origin. See McGuinness v. Lincoln Hall ,
Plaintiff claims that there was a "selective certification list which permitted management to reach a candidate who might not have been reachable on the main list," (Pl.'s Resp. 56.1 ¶ 13), and that his supervisor, Paterno, "intentionally left [Plaintiff's] name off the Selective Certification List," (SAC 6; see also Espinoza Decl. ¶¶ 79-81). Plaintiff, however, has not provided evidence, other than conclusory statements, that he was in fact left off of the Selective List because of a protected characteristic, or that the DOT's decision not to interview him was in any way discriminatory. The Selective List was merely a list of people who passed the civil service exam and had a Class A Driver's License, and as Paterno states in his deposition, he only ever saw the first twenty seven people on the Selective List for the purpose of conducting interviews. (Paterno Dep. 124:14-23.) Only those that had the highest test scores on the Promotion List were interviewed. (See Doc. 69-10, at 6-11 (listing those that were interviewed based on their rank on the Promotion List); Doc. 75-9, at 10-11 (marking the candidates that were interviewed for the position, and showing that only those at the top of the promotion list were interviewed).) Both the list provided by Plaintiff, (see Doc. 75-7, at 17), and the list provided by Defendants, (see Doc. 69-10, at 6), dated June 4, 2013, include Plaintiff and state that Plaintiff was number fifty-one on the Promotion List. Another copy of the list dated September 13, 2013 provided by Defendants also shows Plaintiff as number fifty-one and is consistent with the June list. (Doc. 69-9, at 2.) Thus, Plaintiff has offered no evidence that there *391was any discriminatory intent on the part of the DOT or Paterno so as to create an inference of discrimination sufficient for a prima facie showing.
Although Plaintiff is a member of a protected class, was qualified for the permanent SOMME position, and suffered an adverse employment action in the form of lower salary and title, he has not provided sufficient evidence to give rise to an inference of discrimination. Thus, Plaintiff has failed to establish a prima facie case of discrimination under the first stage of McDonnell Douglas , and Defendant's motion for summary judgment with respect Plaintiff's Title VII and NYSHRL claims is granted.
C. NYCHRL Claims
Plaintiff also brings discrimination claims under the NYCHRL. (See SAC 1.) Having dismissed all of Plaintiff's federal claims, as well as the NYSHRL claims governed under the same standards as their federal counterparts, I decline to exercise supplemental jurisdiction over Plaintiff's NYCHRL claims for the following reasons.
A district court "may decline to exercise supplemental jurisdiction over a claim" once it "has dismissed all claims over which it has original jurisdiction."
I have dismissed all claims over which I had original jurisdiction, as well as any state law claims governed under the same standards as their federal counterparts. Accordingly, I decline to exercise supplemental jurisdiction over Plaintiff's NYCHRL claims, and these claims are dismissed without prejudice to re-filing in state court.
V. Conclusion
Because Plaintiff has failed to establish a prima facie case of discrimination under McDonnell Douglas , Defendant's motion for summary judgment is GRANTED as to Plaintiff's Title VII and NYSHRL claims. I decline to exercise supplemental jurisdiction over Plaintiff's NYCHRL claims, and therefore Defendants' motion for summary judgment with regard to this claim is DENIED. Plaintiff's NYCHRL claims are dismissed without prejudice to their re-filing in state court. The Clerk of the Court is respectfully requested to enter judgment for Defendants and close this case.
SO ORDERED.
As I elaborate below, (see infra Section IV), in his opposition to Defendants' summary judgment motion, Plaintiff, for the first time, raises several new claims. However, because I find that it is impermissible for Plaintiff to raise these claims for the first time in his opposition, and that Plaintiff has had ample opportunity to amend his complaints, I decline to consider these additional claims.
The facts in this background section are undisputed unless otherwise noted.
"Espinoza Decl." refers to Plaintiff's Declaration in Opposition to Defendants' Motion for Summary Judgment, filed October 20, 2017. (Doc. 75, at 26.) The Declaration was filed, along with Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment and Plaintiff's Response to Defendants' Statement of Undisputed Material Facts pursuant to Local Rule 56.1, as one continuous document in the court's Electronic Case Filing system ("ECF"). I will reference each pleading separately based on its heading although they are contained in one filing on ECF. Further, the Espinoza Declaration's Exhibits do not have continuous page numbers, and when citing to the Exhibits of the Espinoza Declaration I will refer to the document numbers and page numbers assigned to them by ECF.
There is a dispute as to whether Plaintiff was initially hired under the position "Specification Writer" or "Auto Mechanic," but there is no dispute that he was hired in February 2006. (See Defs.' 56.1 ¶ 10; Pl.'s Resp. 56.1 ¶ 10.) "Defs.' 56.1" refers to Defendants' Statement of Undisputed Material Facts Pursuant to Local Rule 56.1, filed July 13, 2017. (Doc. 68.) "Pl.'s Resp.56.1" refers to Plaintiff's Response to Defendants' Statement of Undisputed Material Facts Pursuant to Local Rule 56.1, filed October 20, 2017. (Doc. 75, at 48.)
"Espinoza Dep." Refers to the Deposition of Nevada Espinoza, starting on page 1 of Document 69-3 and ending on page 3 of Document 69-6.
Defendants state that they "deny knowledge or information sufficient to form a belief as to the truth of the allegations concerning plaintiff's beliefs and his interactions with ... Paterno." (Defs.' Answer ¶ 4.) "SAC" refers to Plaintiff's Second Amended Complaint, filed November 23, 2016. (Doc. 53.) "Defs.' Answer" refers to Defendants' Answer to Plaintiff's Amended Complaint, filed June 1, 2016. (Doc. 25.)
The NYCDCAS later established a more selective list which narrowed the candidates to those that the DOT would interview for the SOMME position based on qualifications and test score ("Selective List"). (Defs.' 56.1 ¶ 13 n.4; Pl.'s Resp. 56.1 ¶ 13.) This included removing those who did not have a Class A Commercial Driver's License-a requirement for the position. (Pl.'s Resp. 56.1 ¶ 13; see also Paterno Dep. 122:20-124:7.) Defendants acknowledge that the Selective List was created, but maintain that Plaintiff was disqualified based on his position on the Promotion List. (Defs.' 56.1 ¶ 13 n.4). "Paterno Dep." refers to the deposition of John Paterno, starting at page 2 of Document 75-3 and ending on page 33 of Document 75-4.
It is unclear whether the Interview List, (see Doc. 69-10, at 6-11), is the same document as the one that parties refer to as the Selective List.
In addition to a copy of the list with the disposition date June 4, 2013, which both Plaintiff and Defendants attach as exhibits, (see Doc. 75-7, at 17; Doc. 69-10, at 6), Defendants also attached a list with disposition date September 13, 2013 which states that the document was "[r]eturned" and "not used," (Doc. 69-9, at 2). This list states that no additional appointments were made, (id. ), and, consistent with the June list, states that Plaintiff was number 51 on the Promotion List, (id. at 21).
"Pl.'s Opp." refers to Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment, filed October 20, 2017. (Doc. 75.)
"Compl." refers to Plaintiff's Complaint, filed February 13, 2015. (Doc. 2.) "FAC" refers to Plaintiff's First Amended Complaint, filed November 23, 2015. (Doc. 20.)
"Defs.' Mem." refers to Defendants' Memorandum of Law in Support of their Motion for Summary Judgment, filed July 13, 2017. (Doc. 70.)
"Defs.' Reply" refers to Defendant's Reply Memorandum of Law in Support of its Motion for Summary Judgment, filed November 9, 2017. (Doc. 78.)
Because, as stated above, the disparate treatment claim is the only claim that was properly pled, and thus the only claim I consider, any allegedly discriminatory act occurring prior to the 300-day limitations period and not related to Plaintiff's change in title from provisional SOMME to Auto Mechanic will not be considered. See Anyanwu ,
In his opposition, Plaintiff points to the "ample record of discriminatory actions made clear in ... the Department of Justice's Civil Rights case against the DOT for a pattern and practice of discrimination against non-whites" to prove circumstances giving rise to an inference of discrimination. (Pl.'s Opp. 21.) This, however, is a generalized allegation that fails to provide any evidence that Plaintiff's specific change in title was motivated by his race, color, national origin, or religion. See Dickens v. Hudson Sheraton Corp. ,
Reference
- Full Case Name
- Nevada ESPINOZA v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION and the City of New York
- Cited By
- 23 cases
- Status
- Published