Isaac v. City Of N.Y.
| Decision Date | 22 March 2010 |
| Docket Number | No. 08 Civ. 3474(PKC).,08 Civ. 3474(PKC). |
| Citation | 701 F.Supp.2d 477 |
| Parties | Steven C. ISAAC, Plaintiff,v.CITY OF NEW YORK, New York City Department of Correction, Kathleen Coughlin, in her individual capacity and as an aider and abettor, Defendants. |
| Court | U.S. District Court — Southern District of New York |
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Ambrose Wotor Wotorson, Jr., Law Offices of Ambrose Wotorson, P.C., Brookly, NY, for Plaintiff.
Eric Jay Eichenholtz, NYC Law Department, Office of the Corporation Counsel, New York, NY, for Defendant.
Plaintiff Steven Isaac brings claims of employment discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended by the Civil Rights Act of 1991 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. and 42 U.S.C. §§ 1981 and 1983 against the City of New York, the New York City Department of Correction (“DOC”) and DOC Deputy Commissioner Kathleen Coughlin.1 Plaintiff claims that defendants unlawfully discriminated against him on account of his age when he was not promoted to three positions he applied for within the DOC: Assistant Commissioner for Programs and Discharge Planning, Executive Director of Program Development and Director of the Applicant Investigation Unit (“AIU”). Plaintiff also claims that he has been subjected to retaliation for filing a complaint in 2004 which alleged discriminatory practices within the New York City Department of Probation (“DOP”). Plaintiff claims that defendants have retaliated against him by refusing to promote him to three positions within the DOC, by refusing to appoint him to a Staff Analyst title despite the fact that he passed the Civil Service Examination, and by incorrectly listing his telephone number in the City of New York's intranet directory.
Discovery in this case is closed and defendants now move for summary judgment on the grounds that plaintiff has failed to establish a prima facie case of discrimination or retaliation, that plaintiff has failed to identify any evidence that defendants' proffered reasons for their decisions were mere pretext for discrimination, and that plaintiff has failed to come forward with evidence that retaliation was a substantial factor in the employment actions at issue. Rule 56(c), Fed.R.Civ.P.
In addressing defendants' motion, I have considered only plaintiffs version of the facts and such other facts as are not disputed by the plaintiff. Where multiple inferences may be drawn from the facts, I have drawn the inference most favorable to the plaintiff as the nonmovant. See Cioffi v. Averill Park Cent. Sch. Dist. Bd. of Educ., 444 F.3d 158, 162 (2d Cir.2006). For the reasons more fully explained below, the summary judgment motion is granted because no reasonable fact finder could find in plaintiff's favor. Defendants have stated legitimate, non-discriminatory, non-retaliatory reasons for the adverse employment actions at issue and plaintiff has failed to come forward with evidence that the reasons are pretextual nor has plaintiff come forward with evidence that discrimination or retaliation was a substantial factor in the employment actions at issue.
Steven Isaac is a 53 year-old African American male. (Plaintiff's Rule 56.1 Statement in Opposition to Defendant's Motion for Summary Judgment (“PL 56.1”) ¶ 1; Defendant's Statement of Undisputed Facts Pursuant to Local Rule 56.1 (“Def. 56.1”) ¶ 1.) He was hired as Deputy Director of the DOC Office of Equal Employment Opportunity (“EEO”) in May 2003 after his resignation from the position of Assistant Commissioner for Program Services at the New York City Department of Probation (“DOP”). (Pl. 56.1 ¶¶ 2-3; Def. 56.1 ¶¶ 2-3.)
Following his resignation, plaintiff filed suit against the City of New York, the New York DOP, and two DOP officials in this Court, alleging violations of Title VII, 42 U.S.C. §§ 2000e et seq. and 42 U.S.C. §§ 1981 and 1983. (Pl. 56.1 ¶ 4; Def. 56.1 ¶ 4.) The Second Circuit affirmed the district court's finding that plaintiff “ ‘required an inappropriate level of supervision and oversight,’ failed to show the necessary leadership qualities for his position, and made little progress on the project he was hired to undertake-setting up the new Resource Development Units for the DOP.” (Pl. 56.1 ¶ 5; Def. 56.1 ¶ 5.)
Plaintiff continued his employment as Deputy Director of the DOC EEO. In 2005, he took a civil service examination to qualify for the title of Staff Analyst. (Pl. 56.1 ¶ 50; Def. 56.1 ¶ 50.) Based on his performance on the test, he was ranked as number 1,277 on the civil service eligible list for the title of Staff Analyst. (Pl. 56.1 ¶ 50; Def. 56.1 ¶ 50.) In January 2007, after noticing that “several of his staff members had been promoted to permanent civil service positions, while he still had not,” plaintiff made an inquiry regarding the timing of his appointment. (Pl. 56.1 ¶ 51.) At that time, the last name certified to the DOC was number 582 on the list. (Pl. 56.1 ¶ 52; Def. 56.1 ¶ 52.) “Because plaintiff's position on the civil service list was not reached, he could not be appointed.” (Pl. 56.1 ¶ 52; Def. 56.1 ¶ 52.)
In December 2006, plaintiff applied with the New York City DOC for the position of Assistant Commissioner for Programs and Discharge Planning. (Pl. 56.1 ¶ 8; Def. 56.1 ¶ 8.) DOC Deputy Commissioner Kathleen Coughlin was responsible for selecting a candidate to fill this position. (Pl. 56.1 ¶ 10; Def. 56.1 ¶ 10.) The position entailed, among other tasks, “work[ing] with and coordinat[ing] with outside organizations to select programs to provide services to inmates [and] enhance opportunities for inmates upon their release.” (Pl. 56.1 ¶ 12; Def. 56.1 ¶ 12.)
The position was advertised through a job posting, which was modified after Coughlin realized that the requirements had been listed incorrectly. (Pl. 56.1 ¶¶ 13-14; Def. 56.1 ¶¶ 13-14.) The amended job posting required candidates to have “demonstrated management experience in identifying, implementing and evaluating human services programs and/or a larger social service system, particularly focused in achieving measurable outcomes.” (Pl. 56.1 ¶ 13; Def. 56.1 ¶ 13.) Coughlin requested that all applicants, including plaintiff, who had previously submitted applications send in supplemental information to address the additional requirements. (Pl. 56.1 ¶¶ 14-16; Rule 56.1 ¶¶ 14-16.)
Plaintiff submitted the additional information and was selected for an interview. ( See Aff. of Ambrose Wotorson, Ex. 3, Letter from Steven Isaac to Kathleen Coughlin dated Jan. 16, 2007). During the interview, Coughlin informed plaintiff that this would be “a high-energy position, [and] it would involve going back and forth to Rikers Island several time[s] during the day at times.” ( See Dep. Tr. of Steven C. Isaac (“Pl. Dep. Tr.”) at 41:25-42:2.) 2 Coughlin asked plaintiff whether he would have any problems with a “high energy job” and he responded that he would not. (Pl. 56.1 ¶ 17.) Coughlin responded, “Good, because I do not want someone who thinks that they can take this position at the end of their career and coast.” ( Id.) Coughlin also made several references to “the kids” who work on grant writing tasks and “how great they are.” ( Id.) Plaintiff believed that Coughlin's statements about “the kids” referred to “[o]ther staff members.” (Pl. Dep. Tr. at 67:4-6.) Defendants claim that Coughlin was referring to “subordinate employees who perform grant writing duties of the unit [as] part of the New York City Urban Fellows program, which is a college intern program.” (Def. 56.1 ¶ 20.) Plaintiff does not dispute that the program exists or offer any evidence to support his subjective impression of to whom Coughlin was referring.
Coughlin ultimately chose to hire Kimberly Stead, a Caucasian female in her “early 40s” for the position. (Pl. 56.1 ¶ 22; Def. 56.1 ¶ 22.) 3 Stead had considerable experience and Coughlin testified that she selected Stead because (Pl. 56.1 ¶ 25; Def. 56.1 ¶ 25.)
In 2007, plaintiff submitted his resume to the New York City DOC for the position of Executive Director of Program Development. (Pl. 56.1 ¶ 26; Def. 56.1 ¶ 26.) The position would have required him to “develop[ ] in-jail programs [and] assist inmates” as well as “coordinat[e] with DOC services to expand their reach and impact and identif[y] community-based services that can be accessed.” ( See Pl. 56.1 ¶¶ 26-27; Rule 56.1 ¶¶ 26-27.) Plaintiff was not interviewed for the position. (Rule 56.1 ¶ 28; Def. 56.1 ¶ 28.) Coughlin was responsible for selecting a candidate to fill the position and she chose Winette Saunders-Halyard, an African American female in her “late 30s.” (Pl. 56.1 ¶ 29; Def. 56.1 ¶ 29.) Coughlin testified that she selected Saunders-Halyard for the position based on “a combination of her experience, her motivation, her ideas about what she could bring to the job and what resources she should go in [sic] to help us provide to inmates.” (Pl. 56.1 ¶ 30; Def 56.1 ¶ 30.) Coughlin testified that Saunders-Halyard's experience working for the “Agenda for Children of Tomorrow” and “in multiple [correctional] systems and trying to get better services for inmates” also played a role in her decision. (Pl. 56.1 ¶ 31; Def. 56.1 ¶ 31 (alteration in original).) Coughlin also placed importance on Saunders-Halyard's several years of experience with the Department of Health and Mental Hygiene and her “aggressiveness in perusing resources.” (Pl. 56.1 ¶¶ 32-33; Def. 56.1 ¶¶ 32-33.)
Plaintiff also applied for the position of Director of the DOC “AIU” in 2007. (Pl. 56.1 ¶ 35; Def. 56.1 ¶ 35.) “The Director of...
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