Garone v. United Parcel Service, Inc., 00-CV-6722 (ILG).
Decision Date | 27 June 2006 |
Docket Number | No. 00-CV-6722 (ILG).,00-CV-6722 (ILG). |
Citation | 436 F.Supp.2d 448 |
Parties | Linda GARONE, Plaintiff, v. UNITED PARCEL SERVICE, INC., Stan Scigowski, and Thomas Dullahan, Defendants. |
Court | U.S. District Court — Eastern District of New York |
Saul D. Zabell, Zabell & Associates, P.C., for the Plaintiff.
Kathleen Mary McKenna, Proskauer Rose, LLP, for the Defendant.
Linda Sardina1 ("Plaintiff'), formerly an employee of United Parcel Service, Inc. ("UPS" or "Defendant"), brings Title VII, NYSHRL, and NYCHRL claims against UPS, Stan Scigowski and Thomas Dullahan (collectively "Defendants") for creating a hostile work environment and retaliating against her when she complained about sexual harassment. Before the Court is Defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 56.
In November 1993, UPS hired Sardina as a part-time "tracing clerk." (56.1 ¶ 3). She worked at UPS's Foster Avenue Facility in Brooklyn which was organized into five "centers": Times Plaza, Kensington Canarsie, Marine Park and Fort Hamilton, each of which served a specific geographic area. (56.1 ¶ 3; Scigowski Tr. 12). Each of the centers had a center manager. The center manager in turn reported to the division manager, who was responsible for the entire Foster Avenue facility. (56.1 ¶ 4). The division manager until January 1999 was Bruce Pace. In January 1999, Cindy Miller replaced Pace. (56.1 ¶ 4).
In 1996 Sardina was assigned to the Kensington Center, where Bill Burgess was the center manager. (Pl. Tr. 26). Upon Sardina's request, Burgess arranged for her transfer to the Times Plaza center,2 where in January 1997 she was promoted to a fulltime position as an operations management specialist ("OMS"). (Pl. Tr. 68-69, 56.1 ¶ 3). The full-time OMS monitors the interaction of drivers and customers by dispatching oncall air packages, answering complaints from customers, and supervising the part-time OMSs in the center. (56.1 ¶ 3). Stan Scigowski became the Times Plaza center manager in April 1997. (56.1 ¶ 4). And among Sardina's co-workers at the Times Plaza center was Thomas Dullahan, who became an "on-car supervisor" in the fall of 1997. (Pl. Tr. 262). The on-car supervisors supervised the drivers and reported directly to the center manager. (56.1 ¶ 5) Sardina worked as a full-time OMS in the Times Plaza center until October 1998. (Id.). In October 1998, she complained to Pace that she was unhappy at the Times Plaza center. Pace reassigned her to the Kensington center. (Pl. Tr. 55-58, 123, 280-81). After reporting to the Kensington Center for one day, however, she suffered an emotional breakdown and left work on short term disability. (Id.). Sardina had been receiving psychological and psychiatric treatment since 1996, when she had endured a traumatic divorce from an abusive husband. (Pl. Tr 49-58). She acknowledges that in the months leading up to her October 1998 emotional breakdown she had been regularly abusing prescription anti-depressants. (Pl. Tr. 49-58).
In January 1999, Sardina returned to work against her doctor's advice. (Pl. Tr. 344). She was assigned to the Canarsie center. (56.1 ¶ 22, Pl. Tr. 344). In February 1999, Andy Schwartz became the Canarsie center manager. (Pl. Tr. 344; 347-48). Sardina worked in the Canarsie center for four months, through April 1999, before she suffered another emotional breakdown. She has subsequently been unable to return to work. (Pl. Tr. 207-210, 217-19, 448, 453-54).
A. Allegations of supervisory harassment
Sardina alleges that the onset of the hostile work environment correlates to Scigowski's arrival as her supervisor and Times Plaza center manager in April 1997. (Pl. Tr. 101). When Scigowski arrived, Sardina had been the full-time OMS at Times Plaza center for three months, during which time there had been two center managers. Under the previous managers, Sardina contends she was given "full reign" in their absence. (Pl. Tr. 104-05). Scigowski, however, exercised tighter control over the office and did not grant her the same authority to supervise employees, schedule employee time off or enforce customer requests for drivers to pick-up packages. (Id. 101-105). Sardina characterized Scigowski's management style as "[h]is way or the highway" not only with her, but also with others who reported to him. (Id. 271).
Sardina alleges Scigowski made certain harassing comments. The first of these comments was Scigowski's use of the term "office bitch." Sardina testified as follows:
(Pl. Tr. 273-74).3
Sardina next objected to Scigowski's use of the term "Brooklyn bimbettes" to refer to her and one other woman who worked in the center. Sardina testified thus:
And then sometime after that I was walking into the Times Plaza Center and he was in his office, Stan, talking to someone, the door was half ajar, and I overheard him make that comment again, the two Brooklyn bimbettes out there are giving me a hard time.
Sardina also objected to Scigowski's use, on one occasion, of the term "cat fight." Sardina attempted to discipline a female employee who reported to her. The woman called Sardina a "goddamn Sicilian." Scigowski, who was present, allegedly told the two women not to have a "cat fight." (Pl. Tr. 94-95, 125, 356).
In addition to the allegedly harassing comments, Sardina also points to two disagreements she had with Scigowski over managerial decisions. First, during the summer of 1997 the UPS drivers went on strike. (Pl. Tr. 410). In response, UPS ordered certain management employees to make deliveries. (Scigowski Tr. 42). As an OMS, Sardina was not asked to go out on delivery routes, but to remain in the office and continue to perform her duties.4 (Scigowski Tr. 42-3). Sardina, though she acknowledges that she "was not trained" to make deliveries, (Pl. Tr. 410), nonetheless wanted "to go out and deliver and be part of the team just like everybody else." (Pl. Tr. 411). Sardina acknowledges that she was ultimately allowed to go out on a delivery run, but only after she accused Scigowski of being a "chauvinist." (Pl. Tr. 93-4).
Scigowski recalled that a few exceptions were made to the UPS policy that OMSs were to remain in the office; certain OMSs, including Sardina, were allowed to experience making deliveries. (Scigowski Tr. 41-2). He testified:
They had to go with somebody, because they had to be DOT qualified, and that was part of the problem also with who can go out and who couldn't. If you don't have a DOT card, you can't pass the physical, you can't drive the package cars. Anybody who did not fit that criteria had to go out as a passenger. We had a lot more passengers than drivers.
Next, Sardina alleges that Scigowski harassed her by excluding her from daily meetings with his supervisors to which she believed she should have been invited. The meetings were typically held at 6:00 am, when the supervisors started their day; but Sardina was not required to be at the office before 9:00 am. (Pl. Tr. 442-43). She testified as follows:
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