Macentee v. Ibm (int'l Bus. Machines)

• Decision Date: 03 March 2011
• Docket Number: No. 08 Civ. 7491 (GBD)(RLE).,08 Civ. 7491 (GBD)(RLE).
• Citation: 783 F.Supp.2d 434
• Parties: Susan M. MacENTEE, Plaintiffv.IBM (INTERNATIONAL BUSINESS MACHINES), Defendant.
• Court: U.S. District Court — Southern District of New York

783 F.Supp.2d 434

Susan M. MacENTEE, Plaintiff

v.IBM (INTERNATIONAL BUSINESS MACHINES), Defendant.

No. 08 Civ. 7491 (GBD)(RLE).

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

March 3, 2011.

Susan M. MacEntee, Highland, NY, pro se.

Dana Loryn G. Weisbrod, Kevin G. Lauri, Jackson Lewis, L.L.P., New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

GEORGE B. DANIELS, District Judge:

Pro se plaintiff Susan M. MacEntee commenced this action against her employer, International Business Machine (“IBM”).¹ She claims that IBM harassed and discriminated against her because of her depression in violation of various federal and state laws. In her Second Amended Complaint ², Plaintiff alleges claims for: (1) unspecified discrimination under Title VII and/or Title V of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; (2) failure to accommodate, harassment, and retaliation under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12112 et seq. ; (3) discrimination under New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Laws §§ 290–97; and (4) intentional infliction of emotional distress under New York common law. Defendant moves to dismiss all of Plaintiffs claims for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) and to dismiss Plaintiff's NYSHRL claims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). Defendant's motion is granted. Plaintiff's Second Amended Complaint is dismissed in its entirety.

FACTS ³⁴

MacEntee was originally hired by IBM in 1984 as a Manufacturing Operator where she worked until she was laid off in a downsizing in 1993. See Form Compl. Att. ¶ 8; Administrative Compl. 1. Around October 30, 2000, MacEntee was rehired as a full-time Operator Specialist and in 2004 MacEntee was transferred to IBM's Poughkeepsie location. Administrative Compl. 1. In 2005, MacEntee was diagnosed with major depression and was given six-months of short-term disability leave from July until December 2005. Form Compl. ¶ 7. Around May 2006, MacEntee was transferred to IBM's East Fishkill location and to IBM's screening department.⁵ Form Complaint Att. ¶ 9. In order to perform her new job, she had to undergo extensive training. See id.

In the screening department, MacEntee had a difficult time learning her new job and took nearly six months and working with four different trainers to acquire the necessary skills. Ordinarily, it takes an employee six to eight weeks with a single trainer to complete training. Form Compl. Att. ¶ 13. During this time, MacEntee had a number of issues with her trainers and even had a verbal altercation with one. Form Compl. Att. ¶ 12. MacEntee concedes that at least one of her trainers “[u]nderstandably ... became impatient with my inability to learn quickly.” Form Compl. Att. ¶ 14. Further, MacEntee had a number of public outbursts in the workplace including: crying episodes, conflicts with fellow coworkers, and at least one incident where MacEntee used profane language towards one of her trainers. Form Compl. ¶ 14. MacEntee would often leave work without notifying her managers on duty. Form Compl. Att. ¶ 14.

After problems with her first trainer, MacEntee decided she had to “self-advocate an accommodation for [herself.]” Form Compl. Att. ¶ 12. MacEntee determined that she needed a “patient trainer.” Form Compl. Att. ¶ 12.

After working with three “impatient” trainers, MacEntee notified her supervisor, James Schmatz, that she suffered from depression, but did not notify him that she needed a patient trainer as a result of her depression. ⁶ Form Compl. Att. ¶ 7. Following her meeting with Schmatz, MacEntee describes her fourth and final trainer, Patty Savino, as “patient.” Form Compl. Att. ¶ 12. MacEntee mentioned that Savino “had the patience [she] needed and [she] excelled quickly.” Form Compl. Att. ¶ 12.

Before MacEntee completed her training with Savino, Savino requested to be transferred to another sector. See Pl.'s Opp'n to Def.'s Mot. to Dismiss (“Opposition Motion”) Ex. N at 5. Savino said that MacEntee would be ready to take her inspection certification within two weeks. Form Compl. Att. ¶ 16. Following Savino's transfer, MacEntee also requested to be transferred. Schmatz failed to respond to MacEntee's request. Form Compl. Att. ¶ 16; Opp'n Mot. 23.⁷

Shortly thereafter, MacEntee was notified in IBM's break-room in the presence of coworkers of her next year's raise. Form Complaint Att. ¶ 17. MacEntee did not receive as much of a raise as she had hoped, and MacEntee discussed her raise with Schmatz. Form Complaint Att. ¶ 17. Schmatz told MacEntee that in the screening department, pay raises were linked to performance. MacEntee questioned Schmatz's decision and he allegedly “displayed hostility towards [her].” Form Complaint Att. ¶ 17. Schmatz explained that MacEntee's lower-than-expected raise was justified because MacEntee was a poor performer, had difficulty getting along with her trainers, that she had outbursts in the workplace, and a number of unauthorized absences. Form Complaint Att. ¶¶ 4, 17–23, 26, 32. Afterwards, Schmatz allegedly “coerced” MacEntee to speak to his manager about her performance, which made MacEntee feel “humiliated.” Id. Also, MacEntee alleges that Schmatz intimidated her and communicated in an argumentative manner during this conversation, including at least one comment “ridicul[ing her] disability.” ⁸ Form Complaint Att. ¶ 18. MacEntee claims Schmatz's attitude and comments caused her to cry and caused her emotional distress. Form Complaint Att. ¶ 30. She claims it exacerbated her depression. Form Complain Att. ¶ 15.

MacEntee complained about Schmatz to IBM's Human Relations Department in June 2007 but IBM did not immediately investigate. Form Complaint Att. ¶ 26.

On or around July 2007, MacEntee left the workplace feeling “too upset” to continue and requested paid short-term disability leave through the end of the month. Aff. of Dr. Marian Louis in Opp'n Mot. Ex. O at 1. In response to her request, IBM requested medical documentation to confirm her eligibility to continue receiving her benefits and salary under the Family and Medical Leave Act (FMLA). Opp'n Mot. Ex. O (Req. for Documentation at 1). IBM stated that if it did not receive a certification from a health care provider indicating MacEntee's need for leave from work, IBM would consider MacEntee's absence not covered under the FMLA and “may consider [MacEntee] to have abandoned [her] job.” Req. for Documentation at 1; see Def.'s Mem. of Law in Supp. of its Mot. to Dismiss P.'s Second Am. Compl. (“Motion to Dismiss”) Ex. B at 1–2 (“Administrative Complaint”). MacEntee completed the required paperwork and returned to work on August 1, 2007. See Administrative Compl. 1.

On August 8, 2007, MacEntee filed a verified Administrative Complaint with the NYSDHR and the EEOC, claiming discrimination by IBM on the basis of disability and retaliation. See Administrative Compl. at 1–2. In her Administrative Complaint, MacEntee alleged: (1) her severe depression constituted a disability under the ADA; (2) IBM discriminated against her by failing to accommodate her disability; and (3) IBM created a hostile work environment that exacerbated her condition. See Administrative Compl. at 1–2.

On February 27, 2008, after conducting an investigation into MacEntee's allegations, the NYSDHR issued a Determination and Order, finding that there was no probable cause to support MacEntee's discrimination allegations. See Def. Mot. to Dismiss Ex. C at 1–2. The NYSDHR's investigation revealed: (1) MacEntee left work early without informing her manager or explaining her absence; (2) MacEntee's medical form revealed no restrictions on her ability to perform her job or any requests or instructions for accommodations; (3) only 5 out of 15 employees received an additional 3% salary increase; and (4) there was no nexus between IBM's actions and MacEntee's allegation of discrimination. Def. Mot. to Dismiss Ex. C at 2. The EEOC adopted the NYSDHR findings and issued MacEntee a right-to-sue letter on April 8, 2008. Form Compl. III.B. Thereafter, this action was filed.⁹

After she filed the Complaint in this Court, MacEntee alleges that Schmatz “was trying to retaliate against me by watching to make sure I did not abuse my start/stop/lunch/break times (which is grounds for immediate dismissal), ...” Pl. Opp'n Mot. 14. MacEntee alleges that she was being “set-up” to look like a poor performer that would “lead to an unsatisfactory evaluation and termination.” Form Compl. Att. ¶ 16.

In April 2008, Schmatz was transferred to another department and MacEntee was assigned to a new project manager. Aff. of Dr. Marian Louis in Opp'n Mot. Ex. O at 1; Form Compl. Att. ¶ 22. MacEntee alleges her new project manager also made her more depressed by sending her an email that included her prior performance evaluations. Form Compl. Att. ¶ 22.

STANDARDS OF REVIEW

A. Subject Matter Jurisdiction Pursuant to Rule 12(b)(1)

“[A] claim is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it.” Morrison v. Nat'l Austl. Bank Ltd., 547 F.3d 167, 170 (2d Cir.2008). “A plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.” Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000); see also Whitmore v. Arkansas, 495 U.S. 149, 154, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990) (“It is well established ... that before a federal court can consider the merits of a legal claim, the person seeking to invoke the jurisdiction of the court must establish the requisite standing to sue.”). “[T]he court must take all facts alleged in the complaint as true and draw all reasonable inferences in favor of plaintiff.” NRDC v. Johnson, 461 F.3d 164, 171 (2d Cir.2006); see also Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45...