Murphy v. Housing Authority, Atlantic City

• Decision Date: 27 January 1999
• Docket Number: No. CIV. A. 97-1558.,CIV. A. 97-1558.
• Citation: 32 F.Supp.2d 753
• Parties: Todd MURPHY, and Roseann Murphy, Plaintiffs, v. HOUSING AUTHORITY AND URBAN REDEVELOPMENT AGENCY OF THE CITY OF ATLANTIC CITY, a New Jersey municipal corporation, John Glowacki; John J. McAvaddy, Jr., John P. Whittington, And John Does 1 Through 15, Defendants.
• Court: U.S. District Court — District of New Jersey

Page 753

32 F.Supp.2d 753

Todd MURPHY, and Roseann Murphy, Plaintiffs, v. HOUSING AUTHORITY AND URBAN REDEVELOPMENT AGENCY OF THE CITY OF ATLANTIC CITY, a New Jersey municipal corporation, John Glowacki; John J. McAvaddy, Jr., John P. Whittington, And John Does 1 Through 15, Defendants.

No. CIV. A. 97-1558.

United States District Court, D. New Jersey.

January 27, 1999.

COPYRIGHT MATERIAL OMITTED

Clifford L. Van Syoc, Van Syoc Law Offices, Chartered, Cherry Hill, NJ, for Plaintiffs, Todd Murphy and Roseann Murphy.

Stephen G. Raymond, Charles A. Ercole, Montgomery, McCracken, Walker & Rhoads, LLP, Cherry Hill, NJ, for Defendants, Housing Authority and Urban Redevelopment Agency of the City of Atlantic City, John Glowacki, John J. McAvaddy, Jr., and John P. Whittington.

OPINION

ORLOFSKY, District Judge.

This case requires this Court to examine and apply the appropriate legal standard to allegations of "reverse discrimination" on the basis of race and gender, brought by a white male employee who claims to have been victimized by his employer because of his "majority status." Plaintiffs, Todd and Roseann Murphy, his wife, have filed an Amended Complaint against Defendants, Housing Authority and Urban Redevelopment Agency of the City of Atlantic City, John Glowacki, John J. McAvaddy, Jr., and John P. Whittington, alleging three counts of unlawful reverse employment discrimination on the basis of race and gender in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Jersey Law Against Discrimination, N.J. Stat. Ann. § 10:5-1 et seq., and one count for per quod damages for loss of care, comfort, society and consortium. Defendants moved for summary judgment, contending that Plaintiffs have failed to establish a prima facie case of reverse employment discrimination, and that per quod damages are not cognizable in employment discrimination cases. Plaintiffs oppose the motion, contending that genuine issues of material fact preclude the entry of summary judgment. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331,¹ and 28 U.S.C. § 1367.²

For the reasons set forth below, I shall grant the Defendants' motion for summary judgment on Counts I, II and IV of the Amended Complaint, because Murphy cannot establish a prima facie case of unlawful reverse employment discrimination in violation of Title VII or the New Jersey Law Against Discrimination ("NJLAD"), and, alternatively, because Murphy has failed to produce even a scintilla of evidence tending to show that the Defendants' proffered nondiscriminatory reasons for the adverse employment decisions were merely a pretext for invidious discrimination. In addition, I shall grant the Defendants' motion for summary judgment on Count III of the Amended Complaint, because per quod claims are not cognizable in cases involving claims of employment discrimination in violation of Title VII and the NJLAD, and because as a derivative claim, a per quod claim cannot survive if the underlying claim fails.

I. BACKGROUND

On March 27, 1997, Todd Murphy ("Murphy") and his wife, Roseann Murphy, filed a complaint against the Defendants, Housing Authority and Urban Redevelopment Agency of the City of Atlantic City (the "Authority"); John Glowacki ("Glowacki"), the Director of Administration for the Authority; John J. McAvaddy, Jr. ("McAvaddy"), the Executive Director for the Authority; and John P. Whittington ("Whittington"), the Chairman of the Authority's Board of Commissioners (collectively, the "Defendants"), alleging causes of action for employment discrimination, as well as a per quod cause of action for loss of care, comfort, society, and consortium. See Complaint (filed Mar. 27, 1997). Subsequently, on December 31, 1997, Murphy amended the complaint to allege four counts: (1) Count I, unlawful reverse employment discrimination based on race and sex; (2) Count II, unlawful reverse employment discrimination in violation of the New Jersey Law Against Discrimination, N.J. Stat. Ann. § 10:5-1 et seq.;³ (3) Count III, a per quod cause of action by Roseann Murphy for loss of companionship, society, comfort, care, service and consortium; and (4) Count IV, unlawful reverse employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII").⁴ See Amended Complaint (filed Dec. 31, 1997).

On February 13, 1991, Murphy, a white male, applied for an accounting position with the Authority. See Plaintiff's Amended Certification in Opposition to Summary Judgment ("Pl.Cert."), Exh. O (Employment Application, dated Feb. 13, 1991). Murphy, a graduate of Stockton State College with a major in Accounting, requested a minimum starting salary of $21,000. See id. After interviewing with Glowacki and the Authority's Personnel Officer, the Authority hired Murphy on March 1, 1991, as an Accounting Assistant, with a starting salary of $16,040. See Defendants' Brief in Support of Summary Judgment ("Def.Brief"), Exh. B (Deposition of Todd Murphy at 5, 40 (dated Jan. 31, 1998)), Exh. A (Authority Pay-Roll Records at 1). Shortly after being hired, in April, 1991, the Authority raised Murphy's salary by five percent. See Def. Brief, Exh. A at 1; Murphy Dep. at 9. Subsequently, in November, 1991, Murphy received an additional $1000 raise. See Def. Brief, Exh. A at 1; Murphy Dep. at 10.

The Authority has promulgated policies governing the amount of a raise which can be awarded when an existing employee is promoted. See Pl. Cert., Exh. A (Deposition of James Walsh, at 25-29, dated Feb. 17, 1998), Exh. F (Transcript of Authority Board Meeting, Executive Session, at 2-8, dated Sept. 28, 1995). At all times relevant to this case, the Authority had a policy stating that all existing employees who were promoted would receive a raise of ten percent of their present salary, or a raise bringing the promoted employee's salary to the entry level salary of the new position. See id.; Pl. Cert., Exhs. T (Deposition of John Glowacki, at 13, Feb. 19, 1998), and Q (Transcript of Authority Board Meeting, Closed Session, at 2, dated March 27, 1997); see also Def. Brief, Exh. C (Memorandum from Murphy to McAvaddy, dated Sept. 1, 1995); Murphy Dep. at 35, 49. A promoted employee could obtain a larger raise by petitioning the Personnel Committee of the Board of Commissioners for an exception to the ten percent salary increase policy. See Def. Brief, Exh. C; see also id. Exh. D (Affidavit of John Glowacki, dated June 12, 1998); Pl. Cert., Exh. F at 2-8.

As Murphy's responsibilities increased at the Authority, his salary also increased. In early 1992, Murphy was promoted from Accounting Assistant to Full-time Accountant. See Def. Brief, Exh. A at 1; Murphy Dep. at 10. He received a ten percent raise. See Def. Brief, Exh. A at 1; Murphy Dep. at 10. In addition, in April, 1992, the Authority raised Murphy's salary by an additional five percent. See Def. Brief, Exh. A at 1. Eight months later, in December, 1992, the Authority gave Murphy another raise in the amount of $2,200 for taking on additional responsibilities. See Murphy Dep. at 12; see also Def. Brief, Exh. A at 1. Subsequently, in April, 1993, Murphy received an annual raise of 5.9 percent. See Murphy Dep. at 12.

In February, 1994, the Authority promoted Murphy to Senior Accountant; and he received a ten percent raise with the promotion. See id. Two months later, in April, 1994, Murphy received an annual raise of five percent. See id. In March, 1995, the Authority made Murphy a permanent Senior Accountant. See id. at 12-13.

In September, 1995, the Authority promoted Murphy once again to Supervising Accountant. See id. at 13. With the promotion, Murphy received a ten percent increase in salary. See id.

Prior to being promoted to Supervising Accountant, on September 1, 1995, Murphy sent a memorandum to the Executive Director of the Authority, McAvaddy, requesting the promotion to Supervising Accountant and also requesting an exception to the ten percent salary increase policy. See Def. Brief, Exh. C. Under the existing policy, upon his promotion to Supervising Accountant, Murphy's salary would be increased from $30,823.48 to $33,905.76. See Def. Brief, Exh. A at 1. In his memorandum, Murphy requested a raise in excess of $19,550, to a salary level of $50,375. See Def. Brief, Exh. C. The requested raise equaled more than 60% of Murphy's existing salary of $30,823.48. See id., Exhs. A, C. The raise would have placed Murphy at the mid-range of the salary scale for the position of Supervising Accountant. See id., Exh. C. The requested raise would also have placed Murphy at a salary level above his immediate supervisor, the Authority's Comptroller, Robert Lawless, who received a salary of $40,180. See Murphy Dep. at 17-21; see also Def. Brief, Exh. D (Glowacki Aff.).

In his memorandum of September 1, 1995, Murphy listed his reasons for seeking such a large salary increase. See id. First, Murphy presumed that the Authority would not renew the services contract of an outside certified public accountant. See id. He surmised that the outside fee accountant's duties would fall to him as Supervising Accountant for the Authority. See id. Second, Murphy wrote:

I am also requesting to be brought up to the Mid Range of the position which is $50,375. This request would be a calculation based on the following factors:

Prior Board Resolutions regarding Mid Range Salary Adjustments

Compensation for added responsibility

Past Inequities in starting salaries

Credit for prior years of experience

I have come up with a formula which follows not only the current policy, but in fact incorporates several prior actions taken by the Board of Commissioners. These include salary adjustments for added responsibility and past inequities in starting salaries. ... I am requesting an exception to the personnel policy which would allow me the opportunity to seek equity in this new...