Eka v. Brookdale Hosp. Med. Ctr.

• Decision Date: 29 March 2017
• Docket Number: 14–CV–6468 (PKC)
• Citation: 247 F.Supp.3d 250
• Parties: Allan EKA, Plaintiff, v. BROOKDALE HOSPITAL MEDICAL CENTER, Defendant.
• Court: U.S. District Court — Eastern District of New York

247 F.Supp.3d 250

Allan EKA, Plaintiff,

v.BROOKDALE HOSPITAL MEDICAL CENTER, Defendant.

14–CV–6468 (PKC)

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

Signed March 29, 2017

Corey Scott Stark, Corey Stark PLLC, New York, NY, for Plaintiff.

Lauri Faith Rasnick, Katherine Bogas Rhodes, Kenneth John Kelly, Epstein, Becker & Green, P.C., New York, NY, for Defendant.

MEMORANDUM & ORDER

PAMELA K. CHEN, United States District Judge:

Plaintiff Allan Eka ("Eka" or "Plaintiff") brings this employment discrimination action against his current employer, Defendant Brookdale Hospital Medical Center ("Brookdale" or "Defendant"), under 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 New York City Human Rights Law ("NYCHRL"), alleging that Brookdale subjected him to a hostile work environment¹ and disparate treatment based on his national origin, and retaliated against him for complaining about such discrimination by suspending him and refusing to hire him for other positions he applied for at Brookdale. Before the Court is Defendant's motion for summary judgment. For the reasons discussed below, the Court grants in part and denies in part Defendant's motion.

BACKGROUND

I. Facts

A. Plaintiff's Hiring by Brookdale

Plaintiff Allan Eka, who is of Nigerian national origin, works as a part-time Psychiatric Technician ("Psych Tech") at Brookdale. (Def. 56.1² ¶ 1, 14; Eka Def.³ at 6.) The position is a non-exempt and non-managerial position. (Id. ¶ 4.) As a Psych Tech, Eka's duties include monitoring and ensuring the safety of patients, providing charts to nurses, laundering the hospital's linens and clothing, and assisting patients with bathing. (Def. 56.1 ¶ 18.) He began his employment with Brookdale in April 2005. (Def. 56.1 ¶ 1.) In January 2006, he resigned from his position, and, in July 2006, Brookdale rehired him as a part-time Psych Tech. (Id. ¶¶ 2–3.) Before he started working at Brookdale, he worked for Holliswood Hospital ("Holliswood"). (Dkt. 41 ("Eka Dec.") ¶ 2.) Jeannette Metelus ("Metelus"), a Nurse Manager who worked at both Holliswood and Brookdale, invited Eka to interview for a Psych Tech position at Brookdale. (Eka Dec. ¶ 3.) After interviewing with Metelus and Evelyn Joseph ("Joseph"), another Nurse Manager at Brookdale, Eka was hired. (Eka Dec. ¶ 3.) According to Plaintiff, the interview was a formality because Brookdale was opening a new child psychiatry unit and had urgent staffing needs. (Eka Dec. ¶ 3.) Eka's resume and employment application, which were submitted to Brookdale for the interview, stated that he attended high school and college in Nigeria. (Def. 56.1 ¶ 12.) However, the parties dispute whether Joseph was aware of Eka's Nigerian national origin before he was hired.⁴ (See Def. 56.1 ¶ 13; Pl. 56.1 ¶ 13.)

B. Eka's Position & Shifts as a Psych Tech⁵

Eka usually worked in the child psychiatry unit located on the eighth floor of the Community Health Center building ("8 CHC"). (Def. 56.1 ¶ 19; Eka Def. at 6–7.) He also worked on the thirteenth floor of the CHC ("13 CHC"), the fifth floor of the Snapper Building ("Snapper 5"), and the Psychiatric Emergency Room ("Psych ER"). (Def. 56.1 ¶ 19.) Psych Techs could be diverted from their scheduled assignment when there is need in another unit. (Eka Def. at 31, 33.) This is known as "floating." (Id. at 31.) Joseph, whose national origin is Haitian, was the Nurse Manager for 8 CHC, and she supervised Eka from 2006 until she resigned on July 25, 2010. (Def. 56.1 ¶¶ 5–6, 15; Eka Def. at 8.) Joseph reported to Trevor Grazette ("Grazette"), the Director of Nursing. (Def. 56.1 ¶¶ 7–8.) After Joseph resigned, Eka was supervised by Myrtle Robinson until 2014, and then by Margaret "Peggy" O'Rourke until mid-2015. (Eka Def. at 7–10.) He is currently supervised by Susan Dietz and Metelus. (Id. at 9–11.)

Psych Techs work one of three eight-hour shifts: 8:00 a.m. to 4:15 p.m. (the "Day Shift"), 4:00 p.m. to 12:15 a.m. (the "Afternoon Shift"), and 11:55 p.m. to 8:10 a.m. (the "Night Shift"). (Def. 56.1 ¶ 20.) Since 2006, Eka has typically worked the Afternoon Shift (Def. 56.1 ¶ 21; Eka Def. at 6). Joseph worked the Morning Shift. (Def. 56.1 ¶ at 22.) Eka works between three and six shifts per week. (Eka Pl. at 55.) He can also apply for additional shifts, including overtime, by signing up at the bottom of the monthly schedule of employee shifts. (Def. 56.1 ¶ 24; Eka Def. at 22.) Psych Techs working on 8 CHC interested in signing up for extra shifts must physically write their name down on the monthly or weekly schedule, and Joseph would distribute extra shifts among those who signed up. (Def. 56.1 ¶ 26; see also Eka Dep. at 27, 33.) At times, when Eka has sought out additional shifts, his requests have been denied and those shifts have been given to other employees. (Eka Dec. ¶ 4.) At other times, Eka has been offered additional shifts that he has turned down without penalty. (Def. 56.1 ¶ 28.)

C. Performance Reviews

Joseph completed Eka's performance reviews from 2005 to 2010. (Def. 56.1 ¶¶ 31–35.) From 2005 to 2007, Eka received the highest rating at the time: "satisfactory." (Def. 56.1 ¶¶ 31–33.) In 2007, the rating system was changed to a numerical scale, from 0 to 3, with 3 the highest rating. (Def. 56.1 ¶¶ 34–35.) For 2007–2008, Joseph gave Eka an overall rating of 2.9; for 2008–2009, Eka received a 3. (Def. 56.1 ¶¶ 34–35.) In subsequent years, other managers continued to give Eka high ratings. (Def. 56.1 ¶ 37.) However, with the exception of his 2005 and 2009–2010 reviews, his supervisors noted problems in Eka's performance reviews regarding his punctuality and attendance. (Def. 56.1 ¶¶ 36–38.) Eka had received two verbal warnings and one written warning for those issues. (Def. 56.1. ¶ 39.)

D. Joseph's Comment about Eka's National Origin & the 2008 Complaint to Brookdale Management

Eka alleges that, during his 2007–2008 performance review meeting with Joseph on or about October 3, 2008, she made a comment about Eka's national origin, noting that Nigerians are "difficult people" or are "difficult to work with," and do not like to be "controlled." (Eka Def. at 61–75; Def. 56.1 ¶ 41.) According to Eka, Joseph initially noted that he needed to improve his personal and professional development (Eka Def. at 66.) Eka voiced his disagreement with this assessment, noting that he was attending school. (Id. at 65–66.) Joseph then changed the evaluation in Eka's favor, giving him a 2.9 out of 3. (Id. at 67–68.) When they met again later to discuss the amended review, Eka alleges that Joseph made the comment about Nigerians. (Eka Def. at 67–68; Def. 56.1 ¶ 41.) When Eka told Joseph that he was offended, Joseph allegedly replied, "I don't care. It's your word against mine." (Eka Def. at 72–75)

In November or December 2008, Eka filed a verbal complaint with Grazette, Joseph's supervisor, about Joseph's comments. (Eka Dec. ¶ 6.) However, there is no record indicating that Grazette referred this complaint to Brookdale's Human Resources ("HR") Department—as required by Brookdale's policy—or that there was any type of investigation.⁶ (Eka Pl. at 79, 85; Pl. Ex. 5 at 213–17, 219.) Eka alleges that after he complained to Grazette, Joseph treated Eka less favorably than she had before. (Eka Dec. ¶ 7.) Joseph made it even harder for Eka to obtain additional and overtime shifts, scolded him for speaking to his colleagues about patients at shift changes and for drinking water during his shift, gave him undesirable work, did not greet him at shift changes, and selectively enforced rules against him. (Id.; see also Pl. 56.1 ¶ 40; Eka Pl. at 88.)

E. Eka's May 2009 Complaint to Brookdale Management

Plaintiff alleges that in May 2009, he filed a written complaint of discrimination and retaliation to Grazette, stating that Joseph treated him less favorably than his co-workers who were not Nigerian. (Eka Dec. ¶ 8; Pl. 56.1 ¶ 91.) In the complaint, Plaintiff also stated that Joseph retaliated against him for making the 2008 verbal complaint to Grazette.⁷ (Eka Dec. ¶ 8; Pl. 56.1 ¶ 91.) Grazette, however, did not respond to this 2009 complaint. (Eka Pl. at 81.)

F. Eka's July 2009 Suspension

On July 5, 2009, Joseph and Grazette suspended Eka for engaging in disruptive or inappropriate behavior and insubordination (Pl. Ex. 6), when Eka refused to float to another unit as directed by Joseph (Def. Ex. 34). The parties dispute whether Joseph had the authority to direct Eka to float to other units that evening. (Def. 56.1 ¶ 52–53; Pl. 56.1 ¶ 52–53.) That day, when Eka arrived at work for an Evening Shift, he was told by a co-worker that Joseph had directed Eka to float from 8 CHC to Snapper 5. (Def. 56.1 ¶ 51.) Joseph was not at the hospital at that time. (Def. 56.1 ¶¶ 51, 53; Def. Ex. 34.) Instead of going to Snapper 5, Eka called the nursing office to see whether there was truly a need for additional staff on Snapper 5. (Def. 56.1 ¶ 52.) When Joseph received a call from someone at the hospital that Eka refused to float, she called the hospital and spoke to Eka, directing him again to go to Snapper 5. (Def. 56.1 ¶ 52–53; Def. Ex. 34.) The phone conversation between the two became heated, and Eka admits that he "raise[d] his voice a bit so that Joseph could hear him repeatedly telling her that he would float if proper procedure/practice were followed." (Pl. 56. ¶ 54.) According to Eka, Joseph lost her temper while they were on the phone. (Pl. 56.1 ¶ 54.) When Eka refused to follow Joseph's directions and asked that the directive come from a supervisor who was on duty, Joseph directed Eka to leave the hospital. (Def. 56.1 ¶ 56; Eka Def. at 144, 150–51; 155 (Joseph told Eka either to work at Snapper 5 or "punch out" for the Evening Shift)). The parties dispute as to whether Eka cursed at Joseph. (Compare Def. 56.1 ¶ 56 and Def. Ex. 34 (Joseph's letter to Grazette stating that Eka cursed at her) with Eka Pl. at 169 (testifying that...