Albunio v. City of N.Y.

• Decision Date: 31 March 2011
• Citation: 111 Fair Empl.Prac.Cas. (BNA) 1797,922 N.Y.S.2d 244,947 N.E.2d 135,2011 N.Y. Slip Op. 02480,16 N.Y.3d 472
• Parties: Lori ALBUNIO et al., Respondents,v.CITY OF NEW YORK et al., Appellants.Robert Sorrenti, Plaintiff,v.City of New York et al., Appellants.
• Court: New York Court of Appeals Court of Appeals

16 N.Y.3d 472
947 N.E.2d 135
922 N.Y.S.2d 244
111 Fair Empl.Prac.Cas. (BNA) 1797
161 Lab.Cas. P 61,129
2011 N.Y. Slip Op. 02480

Lori ALBUNIO et al., Respondents,
v.
CITY OF NEW YORK et al., Appellants.Robert Sorrenti, Plaintiff,
v.
City of New York et al., Appellants.

Court of Appeals of New York.

March 31, 2011.

[922 N.Y.S.2d 244]

Michael A. Cardozo, Corporation Counsel, New York City. (Julie Steiner and Barry P. Schwartz of counsel), for appellants.Law Offices of Mary D. Dorman, New York City (Mary D. Dorman and Paul O'Dwyer of counsel), for respondents.

[16 N.Y.3d 475] [947 N.E.2d 135] OPINION OF THE COURT SMITH, J.

A jury found that two members of the New York City Police Department, Captain Lori Albunio and Lieutenant Thomas Connors, were subjected to retaliation because they opposed discrimination against a third member of the department, Sergeant Robert Sorrenti, on the basis of

[947 N.E.2d 136 , 922 N.Y.S.2d 245]

Sorrenti's perceived sexual orientation. We hold that there is sufficient evidence in the record to support the verdict.

I

Albunio was commanding officer of the Youth Services Section of the Police Department. Connors was operations coordinator of the section, and reported to Albunio. Sorrenti, then serving in another command, applied in 2001 to be transferred into the Youth Services Section. Albunio interviewed him, and was favorably impressed; when a position opened in April 2002 in a Youth Services program known as DARE, in which police officers educate New York City school children about the dangers of drugs, she requested that Sorrenti be chosen to fill the vacancy. The request was submitted to Inspector James Hall, who had recently become commanding officer of Community Affairs, and Albunio's immediate supervisor. Hall decided to interview Sorrenti himself, and did so, with Albunio present, on May 13, 2002.

From this point on, the facts were sharply disputed at trial, but the jury could have found the following: At the May 13 interview, Hall asked Sorrenti whether he was married, and whether he had children. He also questioned Sorrenti aggressively about Sorrenti's relationship with another male police officer to whom Sorrenti had loaned money, saying loudly, among other things: “You were more than just friends.” Sorrenti became visibly uncomfortable with the questions. After the interview, Hall told Albunio “that there was something not right about that guy.” Hall later chose another person for the open position with DARE, telling Albunio that he “found out some fucked up shit about Sorrenti and ... wouldn't want him around children.” Albunio's interpretation of this statement was: “[T]he guy must think the guy is gay and for some reason doesn't want him around kids.”

[16 N.Y.3d 476] In June or July of 2002, Hall called Connors into Hall's office and began to speak to him about Sorrenti, angrily and with the use of many expletives. He talked about Sorrenti's loan to his fellow officer, saying “[there] must be more between this cop and Sergeant Sorrenti,” and added that he “wouldn't be able to sleep at night knowing that Sorrenti is going to be working around kids.” Connors responded that he thought Sorrenti “would be more than qualified to work around kids” and showed Hall a favorable evaluation Sorrenti had received. Connors inferred from the conversation that Hall “believed that Sergeant Sorrenti was a child molester and homosexual.”

In the fall of 2002, Albunio began to hear rumors that she would be removed from the command of the Youth Services Section. She asked for a meeting to discuss this subject with Hall's superior, Deputy Commissioner Frederick Patrick. The meeting took place on October 31, and Hall was present at it with Patrick.

At the October 31 meeting, Patrick confirmed that he and Hall “were contemplating” replacing Albunio, to which she responded: “[W]hy am I losing my command?” Hall interjected to say that Albunio “utilized poor judgment when requesting personnel,” citing Sorrenti as the primary example. Albunio told Hall that “Sorrenti was the better candidate,” adding: “If I had to do it all again, I would have recommended Sorrenti again.” Albunio was told that it would be in her best interest to find another assignment, which she soon did-an...