McCarthy v. State of Conn., Dept. of Mental Health
| Decision Date | 23 June 1999 |
| Docket Number | No. 3:97CV2556(AHN).,3:97CV2556(AHN). |
| Citation | 55 F.Supp.2d 110 |
| Parties | Arlene McCARTHY v. STATE OF CONNECTICUT, DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES. |
| Court | U.S. District Court — District of Connecticut |
Richard W. Gifford, Wethersfield, CT, for Plaintiff.
Richard J. Lynch, Attorney General's Office Health & Human Services, Hartford, CT, for Defendant.
RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
The plaintiff, Arlene McCarthy ("McCarthy"), bring this action against the defendant, State of Connecticut, Department of Mental Health and Addiction Services ("DMHAS"), alleging violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 ("ADEA"), termination in violation of public policy as stated in the ADEA and Conn.Gen.Stat. § 46a-60(a), and violation of the due process clause.1
Now pending before the Court are DMHAS's Motion for Summary Judgment and McCarthy's Cross-Motion for Summary Judgment. For the reasons that follow, DMHAS's motion [doc. # 13] is GRANTED IN PART and DENIED IN PART and McCarthy's motion [doc. # 17] is DENIED.
A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the moving party is entitled to judgment as a matter of law. See Rule 56(c), Fed.R.Civ.P.; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The substantive law governing the case identifies those facts that are material on a motion for summary judgment. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505. A court must grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact." Rule 56(c); see Miner v. City of Glens Falls, 999 F.2d 655, 661 (2d Cir. 1993). A dispute regarding a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992) (citation and internal quotation marks omitted). The party seeking summary judgment bears the burden of showing that no genuine dispute about an issue of material fact exists. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).
After discovery, if the party against whom summary judgment is sought "has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof," then summary judgment is appropriate. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In assessing the record to determine whether a genuine dispute as to a material fact exists, a court is required to resolve all ambiguities and draw all reasonable inferences in favor of the nonmovant. See Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Kerzer v. Kingly Mfg., 156 F.3d 396, 400 (2d Cir.1998). Thus, "[o]nly when reasonable minds could not differ as to the import of the evidence is summary judgment proper." Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991) (citation omitted). A district court must be especially cautious about granting summary judgment in an employment discrimination case when the employer's intent is at issue. See Kerzer, 156 F.3d at 400.
The movant's burden does not shift when cross-motions for summary judgment are before the court; rather, each motion must be judged on its own merits. See Association of Int'l Auto. Mfrs., Inc. v. Abrams, 84 F.3d 602, 611 (2d Cir.1996) (citation omitted). Thus, neither party may be entitled to judgment as a matter of law despite the fact that cross-motions for summary judgment have been filed. See Heublein, Inc. v. United States, 996 F.2d 1455, 1461 (2d Cir.1993) (citation omitted).
On July 20, 1984, McCarthy started working as an Executive Secretary for the Deputy Commissioner of DMHAS. (See Pl.'s 9(c) Statement ¶ A1 [hereinafter "Pl.'s Stat."].) After the Deputy Commissioner was promoted to Commissioner in 1987, McCarthy was assigned to work for the replacement Deputy Commissioner. On February 14, 1991, the replacement Deputy Commissioner was transferred to another facility. (See id. ¶ A12.) Subsequently, on April 3, 1991, McCarthy was notified that her position had been eliminated. (See id. ¶ A13.)
After elimination of her position as Executive Secretary for the Deputy Commissioner, McCarthy sought to become qualified for a Secretary 2 position. (See id. ¶ A14.) McCarthy's previous position had been considered "unclassified" under Connecticut state service law. (See id. ¶¶ A3-A5.) A Secretary 2 position, however, is "classified." (See id. ¶ A14.) As such, McCarthy had to pass an exam and work in a Secretary 1 position for six months before she could work in a Secretary 2 position. (See id. ¶ A15.) She fulfilled both of these requirements and became eligible to work as a Secretary 2. (See id. ¶ A16.)
During the time McCarthy was employed as a Secretary 1, she was offered an Executive Secretary position by the newly appointed Superintendent for Cedarcrest Hospital, Dr. David Hunter ("Hunter"). (See id. ¶ A17.) She accepted this offer, rather than taking a Secretary 2 position, because it provided greater pay. (See id. ¶ A18.) On November 25, 1991, DMHAS sent written notification to McCarthy of her job change which indicated that her new position was unclassified. (See id. ¶ A19.)
In August 1996, Hunter was reassigned to a facility in Bridgeport, Connecticut. (See id. ¶ A20.) He offered to take McCarthy with him but she declined to move. (See id. ¶ A20.) On November 23, 1996, the new Superintendent of Cedarcrest Hospital, Dr. Andrew Phillips ("Phillips"), started. (See id. ¶ A23.) After Phillips began as the new Superintendent, McCarthy worked as the Executive Secretary for him. (See id. ¶¶ A23-A24.) McCarthy characterized Phillips as being, during the time she worked for him, uncommunicative and unfriendly towards herself and others. (See id. ¶ A24.)
On January 21, 1997, McCarthy was notified by Phillips that she was being terminated on the 30th of that month. (See id. ¶ A25.) Phillips apparently wanted to choose his own Executive Secretary. (See id. ¶ A25.) At the time of her termination, McCarthy was notified of several Secretary 1 positions that were available. (See id. ¶ A29.) She did not apply for any of these positions, but instead, decided to retire. (See id. ¶ A30.)
McCarthy was sixty-one when she received the notice of termination. (See Compl. ¶ 7.) She was replaced by a substantially younger person. (See id. ¶ 8.)
McCarthy alleges that DMHAS's termination of her violates the ADEA ("Count One"), violates public policy as stated in the ADEA and Conn.Gen.Stat. § 46a-60(a) ("Count Two"), and violates her due process rights ("Count Three").
DMHAS moves for summary judgment on all three counts of the complaint. First, DMHAS argues that no ADEA violation occurred because McCarthy's termination by Phillips was a legitimate exercise of managerial discretion. Second, they assert that her claim based on a public policy violation is not actionable because there exists an adequate statutory remedy for the alleged unlawful actions. Third, they argue that McCarthy did not have a property interest in continued employment as she was an unclassified employee and, therefore, she cannot maintain a claim for violation of the Fourteenth Amendment's due process clause.
McCarthy moves for summary judgment on her ADEA claim on the ground that DMHAS has failed to offer a legitimate, nondiscriminatory reason for her termination.
The ADEA makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age." 29 U.S.C.A. § 623(a)(1) (West 1999). The ADEA covers the class of individuals who are over the age of forty. See id. § 631(a).
The "evidentiary framework for proving age discrimination under the [ADEA] is the same as that for proving discrimination under Title VII." Hollander v. American Cyanamid Co., 172 F.3d 192, 198 (2d Cir. 1999) (citation omitted). Where, as here, a plaintiff alleges disparate treatment, the burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), as interpreted by Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), and St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993), applies. See Hollander, 172 F.3d at 198-99. The Supreme Court has described the basic allocation of burdens and order of presentation applicable to a McDonnell Douglas disparate treatment analysis as follows:
First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant to articulate some legitimate, nondiscriminatory reason for the employee's rejection. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.
Burdine, 450 U.S. at 252-53, 101 S.Ct. 1089 (citations and internal quotation marks omitted); see also Hollander, 172 F.3d at 199 (). "The question that must be asked is whether the plaintiff has shown, by a preponderance of the evidence, that he has been the victim of age discrimination." Hollander, 172 F.3d at 199. Although the burdens of production shift during this analysis, the "plaintiff at all times bears the ultimate burden of...
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