Carrero v. New York City Housing Authority

• Decision Date: 07 August 1987
• Docket Number: 86 Civ. 1061 (RWS).
• Citation: 668 F. Supp. 196
• Parties: Maria J. CARRERO, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Miguel Peterson, Robert Harold, Al Parker and Rosalind Reyes Linares, Defendants.
• Court: U.S. District Court — Southern District of New York

668 F. Supp. 196

Maria J. CARRERO, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Miguel Peterson, Robert Harold, Al Parker and Rosalind Reyes Linares, Defendants.

86 Civ. 1061 (RWS).

United States District Court, S.D. New York.

August 7, 1987.

Arthur J. Levy and Michael H. Sussman, Brooklyn, N.Y., for plaintiff.

Manuel H. Quintana, Gen. Counsel, New York City, for defendant New York City Housing Authority; A. Joaquin Yordan, of counsel.

OPINION

SWEET, District Judge.

The plaintiff Maria J. Carrero ("Carrero") initiated this action against defendants the New York City Housing Authority ("NYCHA") and the defendants Miguel Peterson ("Peterson"), Robert Harold ("Harold"), Al S. Parker ("Parker") and Rosalind Reyes Linares ("Linares"), certain officers and employees of NYCHA seeking relief under Title VII, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981. In accordance with the findings of fact and conclusions of law which follow, judgment will be entered in favor of Carrero and against Peterson and the NYCHA, and the complaint against the remaining defendants will be dismissed.

Prior Proceedings

On November 4, 1985, plaintiff filed a complaint against defendants under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq., with the United States Equal Employment Opportunity Commission. On March 27, 1986 the Civil Rights Division of the United States Department of Justice issued a Notice of Right to Sue Letter to Plaintiff.

Carrero filed this action on February 5, 1986 and sought a preliminary injunction for reinstatement as an Assistant Supervisor at NYCHA's project in the Bronx, the Morrisania Air Rights Project ("MAR") anticipating her demotion from that position which was formalized on February 10, 1986, following a probationary period. The motion for preliminary relief was withdrawn, and Carrero obtained leave from NYCHA pending the resolution of this action.

Discovery was completed, and the action was tried to the court on February 4-11, 1987. Proposed findings, conclusions and post trial briefs were submitted, and by agreement of the parties final argument was held on May 29, 1987.

The Issue

Carrero's claim under the facts found below requires the court to define the boundaries of a "hostile environment," Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), in the work place arising out of sexual harassment. This would be a delicate and difficult task at any time, but it is particularly so in today's climate. In this most sensitive arena of sexual politics the concepts of equality and the protection of rights are in the midst of constant philosophical and legal evolution.

The Facts

Carrero is a thirty-three year old single Puerto Rican woman, a high school graduate who has been an employee of NYCHA since September, 1981. By study and promotion, she progressed from a Heating Plant Technician to a provisional Assistant Resident Building Superintendent ("Assistant Superintendent"). She is literal, determined and a hard worker, clear about her objectives, serious about herself and her perception of the world about her. Members of her family are also NYCHA employees, and Carrero sought to perform activities which had previously been performed almost exclusively by males, only ½% of the work force in her job category being female.

While serving as a Heating Plant Technician at Edenwald Houses, also a NYCHA project which she was assigned in 1982, Carrero was subjected to experiences she found distasteful, in particular, an incident in which a male co-worker dropped his trousers in her presence. She obtained counsel, complained to NYCHA which offered her a transfer and leave. The offending employee was censured.

Thereafter, on June 12, 1985, having passed a promotional examination for the post, Carrero was transferred to MAR as an Assistant Superintendent to commence a one year probationary period. Barney Woods ("Woods") was the Resident Building Superintendent ("Superintendent") in charge of all maintenance operations including providing heat, hot water, electricity, general cleaning and maintenance. This work is supervised by the Superintendent and Assistant Superintendent and performed by some 38 boiler room technicians, caretakers, groundsmen and part time workers. Woods began to train Carrero in her duties. Woods was replaced by Peterson as acting Superintendent on August 12, 1985. Harold was the Chief Superintendent for the Bronx South District of NYCHA; Parker was the Manager of MAR, and Linares was the Director of Equal Opportunity for NYCHA.

Peterson is an unmarried Puerto Rican male, who advanced to the rank of Supervisor after 15 years of employment with NYCHA. He previously served at MAR as an Assistant Supervisor and was well regarded by management. Peterson had generally good relations with the staff despite his reputation as a hard charger and a disciplinarian whose fuse was shorter than the average. Peterson is an affirmative, hands on supervisor who is proud of his position, and whose perception of his own masculinity is a factor in his relations with female employees.

At the outset of the relationship between them, Carrero and Peterson cooperated with one another, and the interpersonal atmosphere was entirely satisfactory. Carrero was Peterson's principal assistant and accepted training as to procedures and practices. Peterson, as a fellow Hispanic, expressed his pride in her success and stated his intention to train her to be an outstanding Superintendent. Peterson had a first-name, flirtatious relationship with a number of women in the office at MAR which was accepted in relatively good humor by all concerned, including, at the outset, Carrero. Several of the female workers at NYCHA testified that they observed Carrero engage in conduct which could be construed as flirtatious.

Each morning, the course of their duties required Peterson and Carrero to confer. Starting in early September, Carrero noted a course of conduct by Peterson, including a hand on the knee on September 4, touching on the arm, the shoulder, and culminating in a kiss on the neck on September 10. During this period Peterson addressed Carrero in terms she felt were inappropriate ("jerk," "scatterbrain," "dingbat").

The day after the kiss on the neck, Carrero went to Helen Clark, the paint inspector, a female co-worker, recounted the latest incident, and received the advice that she (Carrero) should tell Peterson to stop his conduct. On September 12, Peterson complained to Carrero about her conversation with Clark, telling her, "what goes on in this office, stays in this office." Carrero told Peterson she wanted him to stop his conduct and showed Peterson a notice of a conference which related to her then pending charge of harassment at Edenwald. He indicated familiarity with the issue. Later that day he referred to Carrero as "scarecrow."

On the morning of September 17, after a discussion of Roll Call procedures, Peterson kissed Carrero on the neck. She protested, and he undertook never to repeat the conduct and left. He later returned, asked her if he could treat a pimple on her nose and requested that she remove her glasses so that he could see her eyes. She refused. He sought to kiss her. She refused. Later that day Peterson stated that he would fail her on her probation report.

The following day, September 18, Peterson suggested that they meet outside the office and again sought to kiss her. She hit him with a ruler, and knocked his glasses off. He laughed. She stated she would report him. He directed her to "shut up" and conduct the Roll Call. She did and was criticized publicly by Peterson.

The following day another Roll Call incident took place, in which Peterson indicated he would continue to be critical of her, and Carrero cried in Clark's presence.

Carrero contacted her attorney who on September 23 wrote to the NYCHA on her behalf stating the improprieties of Peterson's conduct affirmed by the oath of Carrero. Carrero that day also circulated the following petition which was signed by fellow employees:

Sept 23, 1985

My name is Maria Carrero and I work for the N.Y.C.H.A. as an Assistant Superintendent at Morrisania Air Right 3073 Park Ave.

On Wednesday morning at about 8:10 AM while I was doing role call in the lunch room and giving my workers their job assignments, Supt. Mr. Peterson walked into the lunch room and started shouting at me saying that I did not know my job, I did not know what I was doing and I should not be here. I was humiliated in front of my workers with no respect at all on Sept. the 18th 1985. I am very hurt by this. Thank you.

Maria Carrero Asst. Supt. R. White Lurat L. DuBois G. Pearson Antonio M. Torres unintelligible Morris Green Juan Flores Leroy Turkes Maisis Serrano unintelligible S. Chisow Luis Barieto

At some time she had obtained a tape recorder and placed it in her desk. Quite obviously, the environment became mutually hostile from the receipt of the letter from Carrero's counsel, whatever it had been before.

&check On September 30 NYCHA had initiated an investigation into Carrero's charges which was conducted by Linares. Linares' notes of the investigation were preserved and admitted into evidence by the parties and provided useful evidence. While not trained as an agent of the Federal Bureau of Investigation, Linares interviewed all those with knowledge of the facts and preserved the knowledge thus acquired. Linares conducted the investigation under the supervision of the legal department. While details of the investigation might well have been performed in a different fashion or sequence, it was a competent, good faith performance, completed on November 15, 1985, appropriate to the task at hand. The report was submitted to the Chairman of the Authority. No further formal action of any kind was undertaken. The report stated Carrero's charges were unsubstantiated, noting the conflict in the...