Irons v. Bedford-Stuyvesant Cmty. Legal Servs.
| Decision Date | 28 September 2015 |
| Docket Number | 13-CV-4467 (MKB) |
| Parties | JONATHAN IRONS and KAREN CHANDLER, Plaintiffs, v. BEDFORD-STUYVESANT COMMUNITY LEGAL SERVICES, LEGAL SERVICES NYC, and BETTY STATON, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Plaintiffs Jonathan Irons and Karen Chandler brought this action against Defendants Bedford-Stuyvesant Community Legal Services ("BSCLS"), Legal Services NYC ("LSNYC") and Betty Staton on August 7, 2013, alleging that Irons was subject to sexual harassment, discrimination and retaliation on the basis of his sex in violation of 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, N.Y. Exec. Law § 296 ("NYSHRL") and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107 ("NYCHRL"), that Chandler was subject to retaliation in violation of Title VII, NYSHRL and NYCHRL, and that Defendant Staton aided and abetted violations of NYSHRL and NYCHRL. Defendants moved for summary judgment on all claims.1 For the reasons set forth below, the Court grants Defendants' motion for summary judgment as to Plaintiffs' Title VII and NYSHRL claims, and dismisses Plaintiffs' NYCHRL claims without prejudice.
LSNYC is a community-based organization that provides legal services to low-income clients throughout New York City. (Defs. 56.1 ¶¶ 1, 5; Pls. 56.1 ¶¶ 1, 5.) BSCLS is a component of LSNYC and provides free legal services to residents of the Bedford-Stuyvesant and Crown Heights communities in the areas of housing, foreclosure, tax, immigration, social security and unemployment insurance, and at some time it had a family law practice. (Defs. 56.1 ¶¶ 6, 41, 50; Pls. 56.1 ¶¶ 6, 41, 50.) In 2011, BSCLS had approximately twelve employees, and only four management positions, which were titled Project Director, Director of Housing Litigation, Director of General Litigation and Director of Finance Administration. (Defs. 56.1 ¶ 7; Pls. 56.1 ¶ 7.) The first three management positions were supervising attorneys, and the fourth was an administrative management position. (Defs. 56.1 ¶¶ 8, 33-34; Pls. 56.1 ¶¶ 8, 33-34.) The non-management employees, including six staff attorneys, were represented by the Legal Services Staff Association ("LSSA"), a union. (Defs. 56.1 ¶¶ 10, 40; Pls. 56.1 ¶¶ 10, 40.)
BSCLS's Former Project Director, Victor Olds, hired both Chandler and Irons. He hired Chandler, a former colleague at the United States Attorney's Office, as his confidential personal assistant in December of 2007 and Irons, a former colleague from the New York State Attorney General's Office, as Director of General Litigation at BSCLS in March of 2008. (Defs. 56.1 ¶¶ 19-21, 29-30; Pls. 56.1 ¶¶ 19-21, 29-30.) Both Chandler and Irons reported to Olds until Olds resigned from BSCLS in May of 2011, although Olds continued as a LSNYC employee until approximately October of 2011. (Defs. 56.1 ¶¶ 37, 62; Pls. 56.1 ¶¶ 37, 62.)
As Director of General Litigation, Irons handled unemployment insurance, social security benefits, family court and "some, but not many," immigration matters, and supervised attorneys— Debra Giles, Jooyeon Lee, Gina Son and Cathenna Isobe — in the same types of matters.2 (Defs. 56.1 ¶¶ 23-26; Pls. 56.1 ¶¶ 23-26.) Plaintiffs assert that Irons had additional responsibilities, including attending community meetings and orchestrating outreach in community settings. (Pls. 56.1 ¶ 23; Tr. of Aug. 5, 2014 Dep. of Jonathan Irons ("Irons Dep."), annexed to Decl. of Michael J. Willemin in Opp'n to Mot. for Summ. J. ("Willemin Decl.") as Ex. 1, 61:21-62:6.) Irons served in this position until he was terminated in January of 2012. (Defs. 56.1 ¶ 28; Pls. 56.1 ¶ 28.) In 2011, his annual salary was approximately $106,000. (Defs. 56.1 ¶ 127; Pls. 56.1 ¶ 127.)
Chandler, who was not an attorney, was promoted from Olds' personal assistant to Director of Finance and Administration in April or May of 2008. (Defs. 56.1 ¶¶ 32, 125; Pls. 56.1 ¶¶ 32, 125.) In that position, Chandler dealt with grants, budgeting and purchasing, and worked directly with Pascale Nijhof, LSNYC Director of Grants and Contracts, and Laura Vogel, LSNYC Director of Budget. (Defs. 56.1 ¶¶ 33-36; Pls. 56.1 ¶¶ 33-36.) Chandler served in this position until she was terminated in January of 2012. (Defs. 56.1 ¶ 39; Pls. 56.1 ¶ 39.) In 2011, Chandler's salary was approximately $72,400. (Defs. 56.1 ¶ 128; Pls. 56.1 ¶ 128.)
Staton is the current President of BSCLS, and served as Chair of the Board of Directors of BSCLS (the "BSCLS Board") in 2011 until she became Acting Project Director in July of that year. (Defs. 56.1 ¶¶ 11, 16-17; Pls. 56.1 ¶¶ 11, 16-17.) Staton permanently assumed the Project Director role in 2012, and has held the title of President since the summer of 2012. (Defs. 56.1¶¶ 17-18; Pls. 56.1 ¶¶ 17-18.) As Acting Project Director and Project Director, Staton's duties include supervising all the attorneys, handling BSCLS goals and grants, and conducting budget planning and oversight. (Defs. 56.1 ¶ 17; Pls. 56.1¶ 17.) Staton has the authority to make decisions concerning the termination of employees. (Defs. 56.1 ¶ 17; Pls. 56.1¶ 17.)
Beginning in late 2010, members of the BSCLS staff and the Board of LSNYC voiced concerns about the working conditions and staff morale at BSCLS. Many of the complaints were about Olds, and, in particular, his "management" and "leadership." (Defs. 56.1 ¶¶ 51-54; Pls. 56.1 ¶¶ 51-54; see E-mail from Michael D. Young to Betty Staton, annexed to Decl. of Andrew Rice in Supp. of Defs. Mot. for Summ. J. ("Rice Decl.") as Ex. SS, D006785-86.) In an e-mail dated March 14, 2011, the "concerned" staff e-mailed Staton expressing reservations about Olds, and noted that there "are two standards for employee conduct: one for the Project Director and his allies, and another for everyone else." That same day, Staton responded to the e-mail and stated that the BSCLS was "formulating a plan of action" regarding more effective leadership and positive growth for the staff and the organization, and invited the staff members to a board meeting on March 16, 2011. (Defs. 56.1 ¶ 58; Pls. 56.1 ¶ 58; E-mail from Betty Staton dated Mar. 14, 2011, annexed to Staton Decl. as Ex. B, D006776.) On March 16, 2011, some BSCLS staff — not including Irons or Chandler — attended the board meeting to further explain their concerns, but no minutes were taken. (Defs. 56.1 ¶¶ 59, 61; Pls. 56.1 ¶¶ 59, 61.) On March 18, 2011, the staff sent a letter to Staton and the BSCLS Board "to memorialize [the] discussion," (the "March 18, 2011 Letter"), which did not mention Irons or Chandler. (Mar. 18, 2011 Letter, annexed to Willemin Decl. as Ex. 12.) In May of 2011, Olds resigned andStaton became Acting Project Director at BSCLS. (Defs. 56.1 ¶¶ 62-63; Pls. 56.1 ¶¶ 62-63.)
Plaintiffs dispute any inference that the discontent amongst the staff and in the BSCLS or LSNYC Boards was related to their employment. (Pls. 56.1 ¶¶ 54-57.) Plaintiffs also highlight that they received positive reviews at work,3 and assert that no one at BSCLS or LSNYC communicated to them or to Olds that Plaintiffs' performance was deficient, that they were not well-liked among the staff, or that they had any attendance problems. (See Pls. 56.1 ¶ 59; Mar. 14, 2011 e-mail; Staton Dep. 116:2-117:22.) Plaintiffs' coworker Jessica Rijo-Lopez, who signed the March 18, 2011 Letter to the BSCLS Board, also could not recall any complaints about Irons or Chandler. (Mar. 18, 2011 Letter at D006784; Tr. of Aug. 25, 2014 Dep. of Jessica Rijo-Lopez ("Rijo Dep."), annexed to Willemin Decl. as Ex. 10, 32:2-33:22.)
Defendants suggest that the staff concerns about management at BSCLS included Olds, as well as Irons and Chandler, who were viewed as Olds' allies and were perceived to be governed by a different set of rules under Olds' management. (See Def. 56.1 ¶ 53.) Staton testified that these concerns led the Board to pressure her to terminate Irons' employment beginning in April or May of 2011. (Staton Dep. 101:3-21.) The parties agree that Staton hadpractically no interaction with Irons or Chandler after Staton became Acting Project Director in July of 2011, and Defendants contend that it is because Staton did not expect that they would remain employed by BSCLS for much longer. (Defs. 56.1 ¶¶ 27, 38; Pls. 56.1 ¶¶ 27, 38; Staton Dep. 101:3-18.)
In 2011, various LSNYC constituent programs faced funding problems and were required to make budget cuts. (Defs. 56.1 ¶ 68; Pls. 56.1 ¶ 68.) LSNYC, and consequently BSCLS, lost a portion of their funding from the federal Legal Services Corporation, and BSCLS lost funding for family law work from "Keeping Families Together," a prior funding source. (Defs. 56.1 ¶¶ 50, 68; Pls. 56.1 ¶¶ 50, 68.) The budget concerns made it likely that some layoffs and other cost-reducing measures would be necessary, although the parties dispute when the decision to lay off employees became final. (Defs. 56.1 ¶¶ 67-70, 113; Pls. 56.1 ¶¶ 67-70, 113.) BSCLS's budget was submitted to the LSNYC Board for approval at the last LSNYC Board meeting of the year, in December of 2011. (Defs. 56.1 ¶ 64; Pls. 56.1 ¶ 64.) Vogel prepared "budget workbooks" in advance of this meeting to track revenues and expenses for the LSNYC programs, including BSCLS, and those workbooks were ultimately prepared to comply with the LSNYC Board's budget directives. (Defs. 56.1 ¶ 65; Pls. 56.1 ¶ 65.)
Throughout 2011, BSCLS predicted that it would be required to reduce its expenses by around five "full-time equivalents" or "FTEs," which approximate the average annual total compensation cost for an LSNYC employee — although Plaintiffs assert that the budget was...
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