Cincotta v. Hempstead Union Free Sch. Dist.
| Decision Date | 30 August 2016 |
| Docket Number | 15-cv-4821 (ADS)(AKT) |
| Parties | ROBERT CINCOTTA, Plaintiff, v. HEMPSTEAD UNION FREE SCHOOL DISTRICT, BETTY J. CROSS, WAYLYN HOBBS, JR., SHELLEY BRAZLEY, BRANDON V. RAY, JOANN SIMMONS, and SUSAN JOHNSON, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
APPEARANCES:
Leeds Brown Law, P.C.
Attorneys for the Plaintiff
1 Old Country Road, Suite 347
Carle Place, NY 11514
By: Sean M. O'Hara, Esq., Of Counsel
The Scher Law Firm, LLP
One Old Country Road, Suite 385
Carle Place, NY 11514
By: Austin R. Graff, Esq., Of Counsel
This case arises from allegations by the Plaintiff Robert Cincotta (the "Plaintiff") that the decision by his former employer, the Hempstead Union Free School District (the "District"), to terminate his employment as the Director of Athletics and Physical Education was the product of age and race discrimination and therefore, violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq. (the "NYSHRL").
Presently before the Court is a motion by the Defendants the District, Betty J. Cross ("Cross"), Waylyn Hobbs, Jr. ("Hobbs"), Shelley Brazley ("Brazley"), Brandon V. Ray ("Ray"), Joann Simmons ("Simmons"), and Susan Johnson ("Johnson" and collectively, the "Defendants") to dismiss the amended complaint in its entirety pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6).
For the reasons set for below, the Defendants' motion is denied in part and granted in part.
The Plaintiff is currently a fifty-eight year old Caucasian male and a resident of Nassau County, New York. (Am. Compl., Dkt. No. 11 [the "Am. Compl."] at ¶ 7.) The District is a public school district organized under New York law with its principal place of business located in Hempstead, New York. (Id. at ¶ 8.)
At the time of the Plaintiff's termination on June 21, 2013, the Defendant Johnson was the Superintendent of the District. (Id. at ¶ 11.) Cross was the President of the District's Board of Education (the "Board"); Hobbs was the "1st Vice President" of the Board; Brazley was the Treasurer of the Board; and Ray and Simmons were Trustees of the Board. (See id. at ¶¶ 10, 29.)
In September 1985, the District appointed the Plaintiff to a position as a full-time Physical Education and Health Education teacher. (Id. at ¶ 13.) In September 1988, the Plaintiff received tenure for his position. (Id. at ¶ 14.) The amended complaint does not specify what tenure means in this context.
On September 2, 2005, the District promoted the Plaintiff to Director of Athletics and Physical Education. (Id. at ¶ 15.) On July 15, 2008, the District granted the Plaintiff a tenured appointment as the Director of Athletics and Physical Education, which became effective on September 1, 2008. (Id. at ¶ 16.)
At unspecified times during the 2011 to 2013 school years, the Plaintiff was compelled to observe the District's football games from the press-box, not the side-lines, because "the sun was causing physical manifestations of complications with his diabetes." (Id. at ¶ 18.) It is alleged by the Plaintiff that during these occasions, two custodial officials and two cheerleading advisors — who are all African American — commented to the Plaintiff: "You can't take the heat"; "You're too white to be out in the sun"; and "You need to be black like us." (Id.)
During the 2012 to 2013 school years, the District's Board appointed Johnson, who is African American, as the Superintendent of the District. (Id. at ¶ 19.) Allegedly, under Johnson's supervision, the District hired African Americans to the majority of positions within the District's Central Office administration. (Id. at ¶ 20.)
Allegedly, the District had a policy that athletes who were failing two or more classes were not eligible to participate on the District's sports teams. (Id. at ¶ 21.) In February 2013, the Plaintiff allegedly informed the District's Athletics Department staff and the principals of the District's middle and high schools that he planned on enforcing this policy. (Id. at ¶ 23.)
Subsequently, Robert Brazley, the Special Assistant to the Superintendent, called the Plaintiff and allegedly accused him of being a racist and "trying to hurt black kids." (Id.) He also allegedly told the Plaintiff to "stay in his office" because Johnson was going to "straighten him out." (Id.)
On May 6, 2013, Johnson informed the Plaintiff that she was going to recommend to the Board that the Plaintiff's position as Director of Athletics and Physical Education be eliminated for economic reasons. (Id. at ¶ 24.) On the same day, the District posted job announcements for the positions of Director of Social Studies and the Director of Science, Technology, andEngineering. (Id. at ¶ 25.) The amended complaint states that these positions "were not included in the 2013/14 budget." (Id.)
On May 30, 2013, Johnson sent a memorandum to the Plaintiff informing him that at the June 30, 2013 Board meeting, she planned to recommend that the Plaintiff's position be eliminated due to budgetary limitations. (Id. at ¶ 26.)
On June 5, 2013, the District hosted its annual sports awards dinner. (Id. at ¶ 27.) The Plaintiff, Cross, and Jeanne Collins, the Athletic Department Secretary ("Collins"), were among the attendees. (Id.) During the dinner, the Plaintiff overhead Cross ask Collins about the Plaintiff's age and length of service with the District. (Id.) Collins allegedly responded that the Plaintiff needed two more years before he could retire, presumably with a pension, though the amended complaint does not make this clear. (Id.) Apparently, Cross responded, "We gotta get rid of [the Plaintiff]." (Id.)
On June 13, 2013, the District posted a job announcement for Assistant Superintendent of Special Education, a position which was also apparently not included in the District's 2013 and 2014 budget. (Id. at ¶ 28.)
On June 20, 2013, the Board held a meeting to vote on whether to eliminate the Plaintiff's position. (Id. at ¶ 29.) Cross, Hobbs, Brazley, Ray, and Simmons were the Board members present at the meeting, and they all voted to eliminate the Plaintiff's position effective as of June 21, 2013, the following day. (Id.)
On September 30, 2013, the Plaintiff contacted Mary Cash ("Cash"), the District's Benefits Manager, to inquire about whether the District would continue to provide him with healthcare coverage. (Id. at ¶ 31.) Cash allegedly responded that the Superintendent's Office"was complaining about [the] Plaintiff receiving medical coverage[] because he 'was old enough to get Medicare.'" (Id.)
Following the Plaintiff's termination, the District appointed Barbara Intrieri ("Intrieri"), who was allegedly younger and less qualified than the Plaintiff, to be the Director of Physical Education. (Id. at ¶ 32.) According to the amended complaint, the District currently pays Intrieri more money than the Plaintiff had previously earned while acting as Director of Athletics and Physical Education. (Id. at ¶ 33.)
In addition, from Fall 2012 to the Spring 2013, the District also terminated the following Caucasian employees: Stephanie Clagnaz, the Assistant Superintendent; Peter Cavassa, Director of Facilities; Dr. Sheryl Shidet, a Principal; and David Evans, a Principal. (Id. at ¶ 37.)
On September 19, 2013, the Plaintiff sent the District a Notice of Claim asserting claims against the District for race, age, and disability discrimination in connection with the District's decision to terminate his employment. ]
At an unspecified time, the District apparently requested an administrative hearing pursuant to Section 50-h of the New York General Municipal Law. Under that statute, municipal entities, including school districts, have a "right to demand an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made . . . ." N.Y. Gen. Mun. § 50-h(1). These hearings are sometimes referred to as 50-h hearing.
According to the amended complaint, on October 11, 2013, the District held a 50-h hearing. (See Am. Compl. at ¶ 5.) Following the hearing, the District declined to settle the Plaintiff's claims.
On May 29, 2014, the Plaintiff filed a complaint against the District with the New York State Division of Human Rights ("NYSDHR"), asserting claims for race, age, and disability discrimination. (See May 29, 2014 NYSDHR Complaint, Graff Aff., Dkt. No. 14-13, Ex. E ["NYSDHR Complaint"].) On the same day, the Plaintiff filed a charge with the EEOC. (See EEOC's June 11, 2014 Notice of Charge, Graff Aff., Ex. E, Dkt. No. 14-12 [the "Notice of Charge"].)
According to the amended complaint, on October 6, 2014, the Plaintiff applied for an open position as the Dean of Students for the District. (Am Compl. at ¶ 39.) The District did not hire the Plaintiff and instead hired O'Neil Glenn ("Glenn"). Glenn is an African American, and at the time of his hiring, was younger and apparently less experienced than the Plaintiff. (Id.)
Allegedly, at unspecified times following the Plaintiff's termination, the District also appointed additional African Americans individuals to administrative positions, including: Johnetta Hill, who became the District's Athletic Director; Rachel Blount and Carey Gray, who became High School Assistant Principals; and Betsy Benedith, who became a High School Dean. (Id. at ¶¶ 32, 36.) The Court notes that the Plaintiff does not appear to have applied for these positions.
On November 25, 2014, the NYSDHR determined that probable cause existed to believe that the District had engaged in unlawful discriminatory practices. (Id. at ¶ 40.)
On March 20, 2015, the Plaintiff applied for two open positions at the District for...
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