Hargett v. New York City Transit Authority

• Decision Date: 04 August 2009
• Docket Number: No. 06-cv-7094-CM-KNF.,No. 06-CV-7095-CM-KNF.,06-cv-7094-CM-KNF.,06-CV-7095-CM-KNF.
• Citation: 640 F.Supp.2d 450
• Parties: David T. HARGETT, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Stanley Grill, David Ross, and May McIntosh, Defendants.
• Court: U.S. District Court — Southern District of New York

640 F.Supp.2d 450

David T. HARGETT, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Stanley Grill, David Ross, and May McIntosh, Defendants.

No. 06-cv-7094-CM-KNF.

No. 06-CV-7095-CM-KNF.

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

August 4, 2009.

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David T. Hargett, pro se.

Robert Kenneth Drinan, New York City Transportation Authority, Brooklyn, NY, for Defendants.

DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge:

Introduction

On September 16, 2006, Plaintiff David T. Hargett ("Hargett"), pro se, commenced two related actions in this Court alleging wrongful discharge in violation of his civil rights (42 U.S.C. § 1981), the Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 621 et seq.), and New York State Human Rights Law (N.Y.SHRL) § 296, as well as state law claims of defamation, intentional infliction of emotional distress (IIED), and breach of contract. Hargett sued the New York City Transit Authority (NYCTA or the Authority) and three NYCTA executives— Vice President Stanley Grill, ("Grill"), Chief Operations Officer David Ross, ("Ross"), and Assistant Chief Operations Officer May McIntosh, ("McIntosh") (collectively, the "NYCTA Defendants"). He also sued the Metropolitan Transit Authority (MTA) and two MTA employees— Director Ken Neal, ("Neal"), and Commissioner James Harding, Jr., ("Harding") (collectively, the "MTA Defendants"). The cases were consolidated during a conference with the parties on October 5, 2007.

Plaintiff seeks damages in connection with his termination from the NYCTA on June 24, 2004.

The Court assumes the parties' familiarity with its opinion and order dated April 7,2008. Hargett v. Metro. Transit Auth., 552 F.Supp.2d 393 (S.D.N.Y.2008). In that decision the Court dismissed the complaint against the MTA Defendants in its entirety. The Court also dismissed Hargett's claims of defamation, intentional infliction of emotional distress, breach of contract against the NYCTA Defendants, as well as denied his request for punitive damages against NYCTA. Id. The Court denied the NYCTA Defendants' motion to strike paragraphs 18 through 20 in the complaint against them. Id.

The NYCTA Defendants now move for summary judgment on Hargett's remaining claims of wrongful discharge in violation of his civil rights (42 U.S.C. § 1981), the ADEA (29 U.S.C. § 621 et seq.), and NYSHRL § 296. Plaintiff cross-moves for summary judgment in his favor.¹

For the reasons stated below, the NYCTA Defendants' motion is granted; and Hargett's motion is denied.

BACKGROUND²

Plaintiff's Employment History at NYCTA

Hargett identifies himself in his moving papers as a "black African American male," who is "over the age of 40." (Pl. Opp'n at 2, 18.) He began employment with NYCTA sometime in mid-September 1998. (Defs. Rule 56.1 Stmt. ¶ 7.) His hiring was approved by defendant Grill, Vice President of the Materiel Division. (Grill Aff. ¶ 8.)

For the duration of his employment, Hargett worked as an Operations Manager in what is known as at NYCTA as the "Materiel Division." The Materiel Division solicits and manages goods and services contracts for NYCTA. (Defs. Rule 56.1 Stmt. ¶ 7.) During Hargett's tenure at NYCTA, he took on increased responsibilities. (See, e.g., Pl. Rule 56.1 Stmt. ¶ 29.) At the time of his termination he managed several different contracts, and had a number of direct reports—the parties dispute whether it was three or seven. (See Defs. Rule 56.1 Stmt. ¶ 8; Pl. Opp'n at 3.) The individuals who reported to Hargett managed specific contracts, such as those for uniforms and employee safety shoes, and Hargett oversaw that process. (Id. ¶ 8.)

Managing contracts requires, inter alia, reviewing vendor invoices to ensure that the goods and services received are within the scope of the contract and are billed at the contracted price. (Id. at ¶ 9.) In addition to overseeing his direct reports, Hargett was responsible for the preparation of materials necessary to complete contract renewals or extensions such that there would be no interruption of needed goods and services to NYCTA. (McIntosh Aff. ¶ 8.)

Hargett was often assigned projects that were time sensitive. (Id.)

From September 1998 to November 2001, Hargett reported directly to Assistant Chief Operations Officer, Lionel Gaines. (McIntosh Aff. ¶ 7.) Defendant McIntosh, who is black, replaced Gaines as the Assistant Chief Operating Officer in November 2001, and Hargett reported to McIntosh from December 2001 until his termination on June 24, 2004. (Id.) McIntosh, reported to, among others, defendant Ross, Chief Operations Officer, who is white. Ross reported to defendant Grill (whose race is not clear from the record.) (Id. ¶ 5; Ross Aff. ¶ 5.)

During the time that McIntosh oversaw Hargett, problems repeatedly arose over Hargett's failure to complete projects in a timely manner and to adhere to the Materiel Division's chain-of-command structure. (Id. ¶¶ 9-10.) These concerns were reflected in Hargett's yearly "Management Performance Review" (the "MPR")—a document completed for all managers at NYCTA by their supervisors according to the Performance Management section of the NYCTA Management Compensation manual (the "Manual"). (Defs. Mot. Ex. K; McIntosh Aff. ¶ 12.)

On the MPR, managers are rated on a four-point scale from Poor ("P") to Marginal ("M") to Good ("G") to Excellent ("E"). The ratings can also have a plus (+) or minus (-) attached to them. NYCTA managers are given a rating in a number of individual categories (e.g. decision making, interpersonal skills), as well as an overall rating for the year. (Id.; Defs. Rule 56.1 Stmt. ¶ 77.) The MPR has a section for supervisor comments. (Id.)

Hargett received an overall rating of "G" in MPRs for the years 1998 to 2003. (Defs. Mot. Ex. K.) Ratings of Hargett's individual skills ranged from "G-" to "E." Supervisor comments consistently indicated concerns about delays in projects handled by Hargett. (Id.)

NYCTA mangers who are dissatisfied with their overall rating on the MPR may pursue an internal appeals process. (Id. at 1-2.) The first level of review is the manager's immediate supervisor. If the manager is not satisfied with the outcome of that review, he or she may escalate the matter to the division head, and then to an appeal board consisting of a human resources representative, a manager from a division different from the appealing manager, and an Equal Employment Opportunity representative. (Id.) If dissatisfied with the appeal board's findings, the manager can obtain the review of the department head, who renders a final decision. (Id.)

Hargett disputed his MPR ratings through the internal appeals process for the years 2000, 2001, 2002 and 2003, arguing that his overall ratings should have been "E" instead of "G," and taking issue with specific statements in the comment section. (Id. at 3-56.) Hargett's supervisors—both McIntosh and Grill—reviewed plaintiffs submissions and responded with memoranda outlining the decision making process that led to plaintiffs final rating. (Id.) McIntosh and Grill consistently cited a lack of communication with superiors, a failure to follow NYCTA's chain-of-command structure, and problem meeting deadlines as reasons why Hargett's overall rating was "G" instead of "E." (Id.)

Hargett's overall ratings were not upgraded to "E." However, after Hargett protested, a sentence reading, "In addition, David's earlier uncooperative demeanor toward his manager resulted in an antagonistic environment" was deleted from his 2002 MPR, and replaced with "In addition, David has missed meetings scheduled with his immediate supervisor as well as with senior management, and has failed to adequately brief his manager on critical issues including his plans to be away from the office for training or other reasons." (Id. at 51.) Hargett objected to the substituted statement as well, and complained that it was written with "expressed malice." (Id. at 51-52.)

It does not appear from the record that Hargett escalated any of his appeals beyond his division head, defendant Grill. (Defs. Mot. Ex. K.)

Hargett testified at his deposition that he believed the MPR process to be "unfair," but agreed that it was not racially biased. (Defs. Mot. Ex. GG, Hargett Dep. Tr. at 165: 18-170:13.)

In addition to Hargett's disagreements with management over his MPR ratings, Hargett clashed with McIntosh and upper management on a number of other occasions during his tenure at NYCTA,

In the winter of 2001-2002, defendants McIntosh and Ross questioned the failure of Hargett's unit to prepare the necessary paper work to extend the "shoe/sock" contract. (Defs. Rule 56.1 Stmt. ¶¶ 108-11.) Hargett contended that the fault lay with his former manager Gaines. (Id.)

In April 2002, Ross reprimanded Hargett for his unit's failure to pay the uniform vendor within forty-five days of receiving the invoices—a violation of the contract. (Id. ¶¶ 112-13.)

In August 2002, Hargett sent an e-mail to senior management in which he joked about how hot it was at a vendor's warehouse and said that "the working conditions [at vendor's warehouse] aside from the wages, seem similar to the way things were in the 60s". (Id. ¶¶ 114-17; Ex. M at 1.) Ross asked whether Hargett was trying to suggest that "we are or would be supplied by a vendor using unsafe or unhealthy facilities?" (Id. at 2.) Hargett responded that he never said the working conditions were unsafe or unhealthy. (Id. at 3.)

On October 15, 2002, McIntosh tasked Hargett with preparing a "re-projection of 5 year uniform costs" by October 18, 2002. (Defs. Rule 56.1 Stmt. ¶ 119.) From October until late January 2003, Hargett provided McIntosh with different reasons— new projects coming in, vacations, and technical glitches—for why he could not complete the assignment. (Id. ¶ 122; Ex. O at 5-10.)...