Medwid v. Baker
| Decision Date | 26 November 1990 |
| Docket Number | No. 88 Civ. 4352 (RJW).,88 Civ. 4352 (RJW). |
| Citation | 752 F. Supp. 125 |
| Parties | Teddy MEDWID, Plaintiff, v. James A. BAKER, III, Secretary, Department of the Treasury, Defendant. |
| Court | U.S. District Court — Southern District of New York |
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Teddy Medwid, Staten Island, N.Y., pro se.
Otto G. Obermaier, U.S. Atty., S.D.N.Y. (Steven M. Haber, of counsel), New York City, for defendant.
Plaintiff Teddy Medwid ("Medwid") alleges that the Internal Revenue Service ("IRS") discriminated against him on account of his age, in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq. Defendant Secretary of the Department of the Treasury (the "Secretary") moves, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment. The Secretary argues that fifteen of plaintiff's twenty-one claims are time-barred, and as to the remainder of the claims, that plaintiff cannot establish that defendant engaged in age discrimination. Medwid cross-moves for summary judgment on the basis of the twenty-one claims contained in his complaint and supplemental affidavits.
By order dated March 30, 1990, the motions were referred to the Honorable James C. Francis IV, United States Magistrate, to hear and report pursuant to 28 U.S.C. § 636(b)(1) and Rule 4 of the Local Rules for Proceedings Before Magistrates. On July 18, 1990, Magistrate Francis filed a Report and Recommendation (the "Report") in which he recommended that the Secretary's motion for summary judgment be granted with respect to nineteen of plaintiff's twenty-one claims and denied with respect to the remaining two claims. He further recommended that plaintiff's cross-motion for summary judgment be denied. Plaintiff and defendant filed objections to the Report. Having reviewed the Report and considered de novo all portions contained therein, the Court hereby modifies the magistrate's recommendation with respect to defendant's motion and adopts the magistrate's recommendation with respect to plaintiff's cross-motion. For the reasons that follow, defendant's motion for summary judgment is granted as to three of plaintiff's twenty-one claims, and denied as to the remainder, and plaintiff's cross-motion is denied.
Medwid commenced his employment with the IRS as a Revenue Officer on September 12, 1960. In 1973, he was promoted to the position of Criminal Investigator in the IRS office of the Regional Inspector, Internal Security Division, North Atlantic Region. The rank of Criminal Investigator is presently referred to as Special Investigator, and Medwid has held that position at all times relevant to this action.
Medwid was between 48 and 52 years of age when the complained of events occurred. He became eligible for voluntary retirement on July 3, 1982, and if he had remained with the IRS, faced mandatory retirement at age 55 in 1987. Medwid was suspended on April 1, 1984 and "involuntarily" retired from service with the IRS on August 31, 1984.
The Secretary argues that a total of fifteen of Medwid's twenty-one claims are time-barred; thirteen because they were not made the subject of a timely administrative complaint and an additional two claims which he argues were merely the effects of an earlier untimely alleged act of discrimination. These claims allege, inter alia, that Medwid was removed from premium pay status, subjected to various forms of criticism from his superiors, retaliated against for testifying on behalf of another IRS inspector, received unsolicited retirement forms, was removed from surveillance details on two occasions in order to avoid paying him overtime and that one of his investigations was "killed" by management.1
The Secretary argues with respect to the remaining six claims that Medwid cannot establish that defendant engaged in age discrimination.
The first of these incidents occurred on September 24, 1982, when Medwid was placed on a fourteen day suspension for the unauthorized possession of three documents authored by Branch Chief Charles Nagy. Medwid contends that these documents contained comments by Nagy which were "false ... written with malice ... and constituted a continuation of management's harassment" against him. Exhibit A to Declaration of Steven M. Haber filed December 18, 1989 (affidavit of Teddy Medwid) ("Medwid aff.") at 9. In addition, he asserts that in response to his request for records and information, management furnished a "sanitized" copy of the three documents at issue.
On November 18, 1982, Medwid was informed that his performance in a "critical element" of his position, case development, was unacceptable. Exhibit O to Declaration of Steven M. Haber filed December 18, 1989 (memorandum from William Rawley to Medwid) ("Rawley Memorandum"). He was placed on notice that he would be afforded sixty days to demonstrate acceptable performance with respect to this matter and that he would be evaluated during this period. At the end of the sixty days, Medwid was informed by letter that his case development skills had become acceptable, and that no further action would then be taken against him. Medwid was warned, however, that if his performance once again became unacceptable during a twelve month period commencing on November 18, 1982, he would be subject to either removal from the IRS or a reduction in grade.
The next incident Medwid cites as discriminatory is that he was subjected to counseling on February 18, 1983, by his supervisor regarding delay in the submission of a report. Medwid contends that this action was merely another harassment attempt, designed to discredit his reputation, and that the action was completely without foundation.
On May 23, 1983, Medwid filed an agency grievance in connection with a one thousand dollar sustained work performance award paid to IRS Inspector Robert Murphy for his work on a project. Medwid contends that the project would never have surfaced without his efforts, and that as a result of his contributions, the government stood to collect a significant sum in lost revenue. He claims that he should have received a "high quality increase" in connection with his work on the project. Medwid aff. at 14. On June 6, 1983, Medwid was informed that his complaint relating to the bonus had been denied because it was excluded from agency grievance procedures.
On December 8, 1983, Medwid was informed that he was being assigned to a thirty-day work detail in Buffalo, New York, to begin on January 9, 1984. Medwid asserts that this assignment constituted a continuation of harassment against him and reprisal for his invocation of the EEO process.
The final incident of which Medwid complains occurred on February 27, 1984, when Medwid was informed by letter of his reassignment to the Los Angeles office of the IRS, effective April 1, 1984. In connection with the move, Medwid's relocation expenses were to be paid, and his new position was to be identical to the position he held in New York. He was advised that failure to accede to this transfer could result in disciplinary action. Medwid refused to accept the new position, and was suspended on April 1, 1984. Notwithstanding the suspension, Medwid continued to report to work in New York on a daily basis until June 15, 1984, and he thereafter retired "involuntarily" on August 31, 1984. Exhibit C to Declaration of Steven M. Haber filed December 18, 1989 (deposition of Teddy Medwid) ("Medwid dep.") at 251.
Medwid first sought counseling with regard to his age discrimination complaints on September 29, 1982. On that date, he contacted Equal Employment Opportunity ("EEO") counselor Lewis Rosenbluth. On September 23, 1983, the Equal Employment Opportunity Commission ("EEOC") gave Medwid notice of his final counseling interview, and informed him that he had fifteen days within which to file a complaint. On October 5, 1983, Medwid filed his formal complaint with the EEOC. He thereafter filed a second EEO complaint on February 29, 1984, alleging that the decision to transfer him to the Los Angeles office of the IRS constituted retaliation for his invocation of the EEOC process. The two complaints were consolidated, and proceeded together through the administrative process.
On June 12, 1987, the Department of the Treasury rendered a decision rejecting all of Medwid's claims relating to incidents that occurred prior to November 1, 1982, on the basis that Medwid had failed to seek EEO counseling on these matters in a timely fashion.2 Medwid appealed the agency decision to the EEOC, which on March 4, 1988 affirmed the decision. On May 6, 1988, the EEOC denied Medwid's request to reopen and reconsider its decision.
During the pendency of that appeal, the Regional Complaints Center of the Treasury Department, on September 30, 1987 issued a finding of "no discrimination" with respect to the portion of Medwid's complaint that it had not previously rejected as untimely. This determination was appealed by Medwid to the EEOC, and a hearing on the matter was scheduled for August 1, 1988. In the interim, on June 21, 1988, Medwid filed his pro se complaint in the instant action, incorporating the allegations contained in his EEOC complaint.
On August 1, 1988, an EEOC Administrative Law Judge returned Medwid's complaint and file to the IRS, with the recommendation that, pursuant to EEOC regulations, his administrative complaint be cancelled because Medwid had filed a civil action alleging issues identical to those in his EEO complaint. On October 25, 1988, the Department of the Treasury cancelled Medwid's complaint. Medwid appealed this decision and on February 2, 1989, the EEOC affirmed the agency determination, thus ending Medwid's arduous journey through the administrative process.
A district judge must make a de novo determination...
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