Dudley v.

Decision Date30 September 2014
Docket Number12 Civ. 2771 (PGG)
PartiesBRIAN DUDLEY, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, YEHUDA GELBFISH, KRYSZTOF ORLOWSKI, and BOB MARANO, individually and in their official capacity, Defendants.
CourtU.S. District Court — Southern District of New York
MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, U.S.D.J.:

Plaintiff Brian Dudley alleges that his former employer,1 Defendant New York City Housing Authority ("NYCHA") and three of his supervisors - Defendants Yehuda Gelbfish, Krysztof Orlowski, and Bob Marano - discriminated against him on the basis of his race and retaliated against him for opposing unlawful employment discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the New York State Human Rights Law ("NYSHRL"), NY. Exec. Law § 290 et seq., and the New York City Human Rights Law ("NYCHRL"), N.Y.C. Admin. Code § 8-101 et seq. (Cmplt. (Dkt. No. 1)) He further claims that Defendants discriminated against him on the basis of certain physical disabilities, in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., the NYSHRL, and the NYCHRL. Dudley also alleges that Defendants violated his right to equalprotection - based on both his race and his disability - under 42 U.S.C. § 1983. Defendant has moved for summary judgment on all claims. (Dkt. No. 22) For the reasons stated below, Defendant's motion will be granted.

BACKGROUND2
I. THE PARTIES

Dudley - who is a black male - was hired by the NYCHA in 2000 as a Level III Computer Associate in the Systems and Computer Services Department. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 1) In 2005, Dudley was promoted to the position of Software Computer Specialist. (Id. ¶ 2) A Computer Specialist's responsibilities include the design, implementation, enhancement, maintenance and analysis of software systems. (Id. ¶ 3) Computer Specialists at NYCHA are given tasks at four assignment levels (I-IV), each with varying degrees of difficulty and latitude for independent work. (Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 7; see Def. R. 56.1 Stmt. (Dkt. No. 26) ¶ 3; Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 3) Dudley was a Level I Computer Specialist. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 2) As a Computer Specialist, Dudley was assigned to the Client-Server Division of NYCHA's Business Solutions Technology Department (the "BST"). (See Def. R. 56.1 Stmt. (Dkt. No. 26) ¶ 4; Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 4; see also Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 1 (June 13, 2013 Dudley Dep. Tr.) at 16)

Defendant Yehuda Gelbfish is a Computer Systems Manager at NYCHA. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 5) He was hired by NYCHA in 2000. (Nov. 4, 2013 NiederhofferDecl. (Dkt. No. 23), Ex. 3 (Gelbfish Decl.) at 6) Prior to 2009, Gelbfish was one of Dudley's colleagues in the Client-Server Division of BST. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶¶ 5, 6) In May 2009, Gelbfish was promoted and became Dudley's immediate supervisor. (Id. ¶ 7)

In addition to Dudley, Gelbfish supervised one other individual, Nina Winer, a white woman who served as an administrative staff analyst. (Id. ¶ 8) The parties dispute whether Winer's job responsibilities involved any technical computer work. (See Def. R. 56.1 Stmt. (Dkt. No. 26) ¶ 8; Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 8; see Dudley Aff. (Dkt. No. 33) ¶ 5) It is undisputed, however, that her performance of her assigned duties was adequate. (Def. R. 56.1 Stmt. (Dkt. No. 26) ¶ 8; Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 8)

Krzysztof Orlowski is an Assistant Director of Field Services in the BST. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 9) Orlowski has been Gelbfish's immediate supervisor since February 2007. (Id.) Orlowski reports to Vincent Papia, who is a Deputy Director of the BST. (Id.) Prior to Gelbfish, Orlowski was Dudley's direct supervisor. (Id. ¶ 10)

Robert Marano is the Chief Information Officer of NYCHA and has held this position since May 2013. (Id. ¶ 11) Marano was hired by NYCHA in 2002 as the Director of the BST. (Id.) He was subsequently appointed Vice President of the BST and served in this role for approximately one year before his appointment as CIO. (Id.) Marano was not one of Dudley's direct supervisors. (Def. R. 56.1 Stmt. (Dkt. No. 26) ¶ 12; Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 12) The parties dispute the extent to which he was involved in evaluating Dudley's work performance. Defendants claim that Marano did not play any role in reviewing or assessing Dudley's work. (Def. R. 56.1 Stmt. (Dkt. No. 26) ¶ 12) Dudley claims that Marano reviewed Dudley's weekly status report and also was responsible for approving Dudley's promotions and salary increases. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 12; Dudley Aff. (Dkt. No. 33) ¶ 6)

II. PLAINTIFF'S RACE DISCRIMINATION AND RETALITIQN CLAIMS

NYCHA has adopted and enforces anti-discrimination employment policies and procedures. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 95) Although Dudley acknowledges that such policies exist, he maintains that Defendants - as to him - have not complied with these policies. (Id.) Indeed, Dudley claims that Defendants have discriminated against him on the basis of his race and retaliated against him for opposing discriminatory practices on various occasions since 2009.

A. Rita Kuperman's Discrimination Complaint Against Orlowski

Dudley claims that Defendants have retaliated against him because of his support for a co-worker, Rita Kuperman. (Cmplt. (Dkt. No. 1) ¶ 21) Kupemian is a white female and a former Computer Specialist at NYCHA. (Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 1 (June 13, 2013 Dudley Dep. Tr.) at 74) During her employment, Kuperman worked under the direct supervision of Orlowski. (See id.; Feb. 4, 2014 Orlowski Decl. (Dkt. No. 29) ¶¶ 2-3)

In January 2009, Kuperman filed a discrimination claim against Orlowski with NYCHA's Department of Equal Opportunity ("DEO").3 (See Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 13; Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 1 (June 13, 2013 Dudley Dep. Tr.) at 73-76) The DEO is an internal NYCHA department. (Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 1 (June 13, 2013 Dudley Dep. Tr.) at 73)

On January 27, 2009, Dudley was interviewed by a DEO investigator in connection with the Kuperman complaint. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 13) Dudley remembers being asked "something about a letter which was written, but that's all [he] can recall now." (Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 1 (June 13, 2013 Dudley Dep. Tr.) at75) The interview lasted a little over ten minutes. (Id. at 75-76) Although Dudley claims that he "testified" on Kuperman's behalf, it is not clear what this testimony was or in what venue it took place. (See id. at 74-76) He did not testify at a hearing. (Id. at 74)

Another employee who was and continues to be supervised by Orlowski - Jimmy Xie - also "gave testimony" in connection with the investigation. (See id. at 76; Feb. 4, 2014 Orlowski Decl. (Dkt. No. 29) ¶ 3) Dudley does not know the content of Xie's testimony. (Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 1 (June 13, 2013 Dudley Dep. Tr.) at 76) According to Dudley, Winer told him that she gave testimony in connection with the Kuperman investigation as well. (Id., Ex. 2 (June 14, 2013 Dudley Dep. Tr.) at 216)

According to Dudley, "several subordinates under . .. Orlowski. . . [who] testified for Rita Kuperman" were supervised differently after their participation in the investigation, so that they were now only "indirectly reporting to Orlowski." (Id., Ex. 2 (June 14, 2013 Dudley Dep. Tr.) at 216) Dudley believes that this is why Gelbfish became his and Winer's supervisor. (Id.) Orlowski states, however, that Kuperman remained under his direct supervision until she retired in early 2012, and Xie remained - and still is - under Orlowksi's direct supervision as well. (Feb. 4, 2014 Orlowski Decl. (Dkt. No. 29) ¶ 3) Orlowski believes that Dudley and Winer were placed under Gelbfish's supervision because they were performing work that Gelbfish was familiar with. (Id. ¶ 4)

B. Orlowski's Denial of Dudley's Transfer Request

In a June 4, 2009 email - more than four months after he was interviewed by the Equal Opportunity investigator - Dudley requested that Orlowski transfer him from the Client-Server Division to another work group - the "Intranet Group," which was supervised by DougHeyward. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 14; see Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 10) In that email, Dudley states:

Chris[,]
We need to have a discussion concerning the [f]lexiblity of completing the [leave of absence ("LOA") requests for personal time].

Yehuda wants the LOA to be completed 1 hour after my arrival, however, often he is not present (like today). In the past, Chris, you allowed within a 2 day time frame [ ] to complete the LOA. To me this is more acceptable.

Chris, please have a discussion with Yehuda about his management practices. We already have had major iss[]ues in communicating about certain tasks.

I am requesting a Transfer to Doug Heywood's (Intranet group). I feel this is a better skill set match moving forward since NYCHA's depa[rt]ments will be revised shortly. Also, my productivity level will increase due to the skill set match.

Mr. Heywood is still open to this idea of bringing me aboard, immediate[el]y.

Thanks.

B. Dudley

(Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 10) Orlowski denied Dudley's transfer request. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 14) Orlowski also forwarded this email to Gelbfish. (See Nov. 4, 2013 Niederhoffer Decl. (Dkt. No. 23), Ex. 10)

It is undisputed that Orlowski's decision to deny the transfer was motivated, at least in part, by his belief that Dudley's skills and work experience were best suited for the Client-Server Division, where he had been working for a number of years. (Pltf. R. 56.1 Stmt. (Dkt. No. 34) ¶ 14) It is likewise undisputed that Orlowski believed that Dudley's...

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