Farzan v. Wells Fargo Bank, N.A.
| Decision Date | 02 December 2013 |
| Docket Number | 12 Civ. 1217 (RJS) (JLC) |
| Parties | RAYMOND FARZAN, Plaintiff, v. WELLS FARGO BANK, N.A., et al., Defendants. |
| Court | U.S. District Court — Southern District of New York |
REPORT AND RECOMMENDATION
Plaintiff Raymond Farzan, proceeding pro se, has filed suit against Defendants Wells Fargo Bank, N.A. ("Wells Fargo"),1 Wells Far go manager Brenda Altenburg,2 and Genesis10 ("Gen10") under Title VII of the Civil Rights Act of 1964 ("Title VII"), the Age Discrimination in Employment Act of 1967 ("ADEA"), the New York State Human Rights Law ("NYSHRL"), and the New York City Human Rights Law ("NYCHRL"). Farzan also brings a claim for defamation against Altenburg for remarks included in a submission made by Wells Fargo to the Equal Employment Opportunity Commission ("EEOC"). Farzan, an Iranian-American Muslim in his sixties, alleges that Defendants discriminated against him on the basis of his race, national origin, religion, gender, and age by: (1) refusing to recognize that he was an employee of WellsFargo; (2) denying him a permanent employment position; (3) refusing to extend his temporary work assignment; (4) retaliating against him after he complained; and, (5) terminating him. Both the Wells Fargo Defendants and Gen10 now move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, I recommend that their motions be granted.
Farzan worked at Wells Fargo from January 2010 until his termination in November 2011. (Farzan Stmt. ¶¶ 1, 151). His application to work at Wells Fargo was initially processedby an outside staffing agency, Marlabs, Inc. ("Marlabs"), after Farzan responded to an online advertisement posted by Marlabs for a technical business analyst position at an unspecified major bank in late 2009. . Marlabs arranged for Farzan to be interviewed for a position in Wells Fargo's New York office by upper level Wells Fargo personnel, including Judy Chan ("Chan"), a business systems consultant manager, and Steve Goldin ("Goldin"), Chan's supervisor. (Farzan Stmt. ¶ 1; Wells Fargo's Local Rule 56.1 Statement ("Wells Fargo Stmt.") (Dkt. No. 74), ¶¶ 9-13). At the end of their interview, Goldin offered Farzan a position at Wells Fargo, which Farzan accepted immediately. (Farzan Stmt. ¶ 7). Goldin explained to Farzan, however, that he could only be hired through another outside firm, Gen10, Wells Fargo's "preferred vendor" for the position in question. .
Gen10 is a business and technology staffing firm that, in the period relevant to Farzan's claims, contracted with Wells Fargo to provide temporary workers to maintain Wells Fargo's internal financial services computer systems. .4 In January 2010, Farzan and Gen10 signed anemployment agreement.5 . The agreement provided for an initial one-year term with Gen10 with automatic renewal, and for Gen10's ability to terminate Farzan's employment at any time for "cause, performance reasons or professional misconduct." .
Upon commencing work at Wells Fargo in January 2010, Farzan received training in internal Wells Fargo systems, including a computerized system for managing commercial loans. (Farzan Stmt. ¶¶ 36, 56). His duties during his tenure at Wells Fargo included: using Wells Fargo systems to prepare loan documents; conducting research; and providing follow up support to staff members. (Id. at ¶ 60). Farzan was supervised directly by Wells Fargo manager Chan, who assigned him projects and set and approved his forty-hour workweek schedule. (Id. at ¶¶ 40, 50, 59). Wells Fargo also provided Farzan with a work station, a personal computer, internal network access, email, stationery, and a number for conducting conference calls. (Id. at ¶¶ 39, 44). Farzan had a desk that was located among those of permanent Wells Fargo employees (id. at ¶ 67), used the same access cards as permanent Wells Fargo employees (id. at ¶ 66), and attended the same weekly team meetings (id. at ¶ 63).
In contrast to permanent Wells Fargo employees, Farzan received his compensation from Gen10, which issued biweekly paychecks based on hours that Farzan logged into a Wells Fargotime record-keeping system and that Chan approved. (Id. at ¶¶ 48-49, 51). Gen10 issued Farzan an annual W2 tax form. (Gen10 Stmt. ¶ 6; Farzan Tr.: 26:21-23). In addition, it was Gen10 that provided Farzan's employee benefits, including health and dental coverage (which Farzan declined), as well as term life insurance. (Farzan Stmt. ¶¶ 52-53). However, after the process of preparing his initial paperwork in January 2010 until the events leading to his termination in late 2011, Farzan's contact with Gen10 and its staff was infrequent and limited only to occasional email communications about payroll and benefits issues. (Gen10 Stmt. ¶ 17; Farzan Tr.: 122:7-130:24).
Wells Fargo classified Farzan as a "contingent worker," a category of external, temporary personnel distinct from permanent, or "direct," Wells Fargo employees. (Wells Fargo Stmt. ¶¶ 3, 8). Wells Fargo maintains that, according to its policy, contingent workers were limited to 18-month appointments after which they were barred from providing any additional services to Wells Fargo for at least six months. . Extensions beyond 18 months could be granted with supervisor approval should there be a justifiable business need. . Contingent workers could also apply for "conversion" into permanent employee status as direct positions became available but, according to Wells Fargo, such applications were not given any particular priority and were considered along with those from other "external" applicants.6 Farzan asserts that at the time of hire he wasnever informed of his status as a contingent worker or of any predetermined time limitation to be imposed on him at Wells Fargo. .
At least 13 contingent workers in addition to Farzan were assigned to Wells Fargo during his time at the bank.7 At least two of these temporary staffers were also technical analysts assigned to the same team as Farzan: Aliasgar Kothari ("Kothari") and Sabu Abraham ("Abraham"), both of whom were men in their thirties and not of Iranian origin (Kothari is identified as having been born in India). . Both Kothari and Abraham took over some projects from Farzan in October 2011. (Farzan Stmt. ¶¶ 205-06).
Although the assignment lengths of the contingent workers varied, for the most part they remained under 18 months, consistent with Wells Fargo's policy. . However, aside from Farzan, who received his own extension as discussed below, three others had assignments extending beyond 18 months: Abraham, who stayed for 20 months (Altenburg Aff., Ex. D); David Judd ("Judd"), whose term lasted 30 months (Farzan Stmt. ¶ 101); and Paveen Palem ("Palem"), who completed one stint of 30 months and a subsequent term of 26 months (Farzan Stmt. ¶ 100; Wells Fargo Rep. Mem. at 10). In addition, four workers who were originally on contingent status were ultimately hired into permanent, direct employee positions at Wells Fargo: Kothari, Sandeep Singhal ("Singhal"), Mona Aggarwal ("Aggarwal"), and Arun Dahkal ("Dahkal"). (Farzan Stmt. ¶¶ 183, 192, 196, 199).
In June 2010, Altenburg, who had replaced Goldin as technology manager and Chan's supervisor, visited New York to meet with Chan's team. (Farzan Stmt. ¶¶ 77-78). During the visit, Altenburg and Farzan spoke privately and discussed the possibility of Farzan joining Wells Fargo as a direct employee. (Wells Fargo Stmt. ¶ 25). The parties agree that Altenburg expressed satisfaction in Farzan's performance , but they dispute the content and outcome of the meeting. In Farzan's version, the conversation amounted to a job interview and led to a concrete offer by Altenburg to "convert" Farzan to a permanent Wells Fargo position at a salary to be negotiated close to Farzan's pay at the time. (Farzan Stmt. ¶ 79; Farzan Aff. ¶ 45). Farzan specifies that Altenburg referred him to an online listing of job opportunities specifically posted for internal Wells Fargo employees. (Id.). Wells Fargo and Altenburg maintain that Altenburg...
To continue reading
Request your trial