Benedith v. Malverne Union Free Sch. Dist.
| Decision Date | 15 August 2014 |
| Docket Number | No. 11–cv–5964 ADSGRB.,11–cv–5964 ADSGRB. |
| Citation | 38 F.Supp.3d 286 |
| Parties | Betsy BENEDITH, Sherwyn Besson, and Kenneth Smith, Plaintiffs, v. MALVERNE UNION FREE SCHOOL DISTRICT, James Brown, James Hunderfund, Rosalinda Ricca, and Vincent Romano, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
The Law Offices of Steven A. Morelli, P.C. by Steven A. Morelli, Esq., Paul Bartels, Esq., of Counsel, Garden City, NY, for Plaintiffs.
Sokoloff Stern LLP by Brian S. Sokoloff, Esq., Melissa L. Holtzer, Esq., of Counsel, Carle Place, NY, for Defendant.
On December 7, 2011, the Plaintiffs Betsy Benedith, Sherwyn Besson, and Kenneth Smith (collectively the “Plaintiffs”), current and former employees of the Malverne Union Free School District (the “District”), commenced this action against the District, James Brown (“Brown”), James Hunderfund (“Hunderfund”), Rosalinda Ricca (“Ricca”), and Vincent Romano (“Romano”) pursuant to 42 U.S.C. § 1981, 42 U.S.C. § 1983, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the New York State Human Rights Law (“NYSHRL”), and the Nassau County Human Rights Law (“NCHRL”), raising claims for, among other things, employment-related discrimination and a hostile work environment on the basis of race.
On January 31, 2014, the Defendants filed a single notice of motion pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 56 for summary judgment dismissing the complaint in its entirety as to each Plaintiff. Alternatively, the Defendants moved pursuant to Fed.R.Civ.P. 21 and/or 42(b) for severance of the claims and to hold separate trials. With the Court's permission, the Defendants filed a separate memorandum of law as to each Plaintiff.
For the reasons set forth, the motions for summary judgment are granted in part and denied in part. The alternative motions for severance and separate trials are granted.
Unless stated otherwise, the following facts are drawn from the parties' respective 56.1 statements and the exhibits attached. Triable issues of fact are noted.
1. The District's Anti–Discrimination Policy
The District has an anti-discrimination policy, which provides that employees should make any complaint of discrimination to the District's Title IX officer or they may follow the procedures in place for filing a grievance under the collective bargaining agreement negotiated between the Malverne Teachers' Association and the Board of Education. The antidiscrimination policy provides for two procedural stages and one appellate stage for any investigation into a discrimination complaint.
Romano, who is white and was at all relevant times the Assistant Principal of the Middle School, confirmed in his deposition that (1) he did not know if the District had such a policy and (2) he had received no training regarding anti-discrimination sensitivity.
Hunderfund, the District's Superintendent, who is also white, had not reviewed the antidiscrimination policy in the three years prior to his deposition, which was taken on March 8, 2013. As to Ricca, the Chairperson of the District's Math Department, he indicated that he did not know if the District had an anti-discrimination policy.
In 2007, Benedith, who is black, was hired by the District as the Dean of Students in the Howard T. Herber Middle School (the “Middle School”). Romano and Hunderfund were a part of the hiring committee that was involved in Benedith's hiring.
Steven Gilhuley, who is white and was the Middle School's Principal, supervised Benedith when she was the Dean. Gilhuley gave Benedith favorable performance evaluations during the time she spent at the Middle School. In this regard, Gilhuley found Benedith to be “effective with her management and interaction with the staff,” and commented that “[s]he did a good job.” (Gilhuley Dep., at 39.) That said, Benedith felt that Gilhuley excluded her from certain conferences on the basis of her race, but she never reported this belief to anyone.
At some point, Hunderfund and Richard Banyon, the District's Deputy Superintendent, encouraged Benedith to apply for the Assistant Principal position in the High School, which she did. Theadra McCrae, the District's Pupil Personnel Supervisor, Ricca, and Brown, the High School Principal, who is black, interviewed Benedith for the Assistant Principal position. Hunderfund recommended Benedith's appointment as Assistant Principal in the High School to the District's Board of Education. In 2008, the Board of Education approved Benedith's appointment.
As Assistant Principal, Benedith observed teachers and planned assemblies, award ceremonies, parent-teacher conferences, and staff development. During this period, Brown was Benedith's direct supervisor.
At the High School, the other Assistant Principal position was later filled by Romano.
Benedith alleges that although she was promoted to Assistant Principal at the High School before Romano was so promoted, Romano was given seniority credits over Benedith. However, it appears Romano had more seniority because he previously held the position of Assistant Principal in the Middle School.
Further, Benedith alleges that while both Assistant Principal positions in the High School were supposed to be equal in rank, in fact, such was not the case. In this regard, Benedith maintains that Brown unfairly preferred Romano over her. For example, Brown gave Benedith an office on a different floor from his and Romano's office. By contrast, Brown and Romano's offices are both on the second floor, less than a hundred yards apart.
Benedith testified that, when discussing assignments and seniority in July 2008, Brown told her: (Benedith Dep, at 85.)
In a memorandum from Benedith to Brown, dated March 8, 2011, Benedith wrote: “During the course of the work/school day, it may become challenging to remain in constant communication especially if I am not on the same floor.” (Benedith's Exh. E.) Benedith continued: “I realize that being on a different floor from the main/principal's, attendance, assistant principals, and guidance office, does not allow me the opportunity to give input/feedback, receive pertinent information, and/or be part of the decision making that would make me a stronger administrator and allow me to be considered a part of the administrative team.” (Id. ).
Brown admitted that Benedith “may have” expressed to him that her room assignment created communication issues. (Brown Dep., at 58–59.) Brown testified that he too was concerned about the communication issues resulting from the office assignments, and that he even “expressed it to her” himself. Brown also admitted that “Romano and my office have a close proximity, so [we] naturally had an opportunity to see each other.” (Id. )
In addition, Romano initially had a full-time secretary, while Benedith only had two part-time secretaries. Benedith's secretaries split the day in half, apparently resulting in missed messages and problems processing paperwork. Benedith complained about this to Brown. Following this complaint, the District assigned Benedith a full-time secretary. However, Benedith did not have a full time secretary as Assistant Principal for two years, until 2010.
Benedith also alleges disparate treatment between Romano and her in other aspects of work. For example, each of the District's schools takes turns organizing a Martin Luther King Day Event. Benedith organized the event in February 2009, when it was the High School's turn. However, two or three hours before the event, Hunderfund disapproved the program pamphlet created by Benedith. The pamphlet had previously been approved by Brown. As a result, Benedith paid for the banner, the construction paper, markers, and miscellaneous supplies out of her pocket. Instead of finding out why Hunderfund did not approve the pamphlet, Benedith admitted that she simply “changed the color to make it appear as if I changed something” and made new copies. (Benedith's Dep, at 230–31.) Ultimately, Benedith did not receive a letter of commendation in her personnel file for her efforts organizing the Martin Luther King Day event.
By contrast, Romano received approximately $1,000 from the District for his project; the college fair. The District has paid for Romano's college fair every year he has held it. Romano received a letter of commendation in his personnel file for his efforts organizing the college fair.
Benedith also alleges that Romano undermined her authority in certain regards. For instance, although Romano did not have the authority to discipline Benedith, in June 2010, Romano reprimanded Benedith in front of other teachers regarding a directive she gave them during a state examination. Romano allegedly reprimanded Benedith while on speakerphone, in the presence of two or three social studies teachers, who were all white. Benedith believes that Romano was discriminating against her on the basis of her race when he chided her in front of their white colleagues. Benedith allegedly reported this incident to Brown.
In October 2010, Benedith was in charge of administering a PSAT examination at the High School. On the day of the examination, Brown and Romano attempted to contact Benedith with questions about the examination; however, they could not reach her. Benedith maintains that she did not receive any calls from either...
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