Nativita St. Louis v. N.Y. City Health

• Decision Date: 01 February 2010
• Docket Number: No. 05-CV-1836 (SLTXJMA),05-CV-1836 (SLTXJMA)
• Citation: 682 F.Supp.2d 216
• Parties: Nativita ST. LOUIS, Plaintiffs, v. NEW YORK CITY HEALTH AND HOSPITAL CORPORATION, Woodhull Medical and Mental Health Center, Alpher Sylvester, Individually and as aider and abettor, and Asta Moorhead, Individually and as aider and abettor, Defendants
• Court: U.S. District Court — Eastern District of New York

682 F.Supp.2d 216

Nativita ST. LOUIS, Plaintiffs,

v. NEW YORK CITY HEALTH AND HOSPITAL CORPORATION, Woodhull Medical and Mental Health Center, Alpher Sylvester, Individually and as aider and abettor, and Asta Moorhead, Individually and as aider and abettor, Defendants

No. 05-CV-1836 (SLTXJMA)

United States District Court E.D. New York

Decided: Feb. 1, 2010

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Nativita St. Louis, Hempstead, NY, pro se.

Alecia F.M. Walters, Wilson Elser, Cindy E. Switzer, Larry R. Martinez, Jamie M. Zinaman, City of New York Law Department, Lisa Marie Griffith, New York City Law Department Office of the Corporation Counsel, Sarah Leah Tarlow, NYC Law Department, New York, NY, for Defendants.

MEMORANDUM AND ORDER

TOWNES, District Judge: ^*

Pro se plaintiff Nativita St. Louis ("Plaintiff) alleges that she was sexually harassed, discriminated against on the ba- sis of her gender and was ultimately terminated from her position as Assistant Director of Environmental Services at Woodhull Hospital in retaliation for complaining about the harassment and discrimination. Plaintiff asserts claims pursuant to Title VII, 42 U.S.C. § 1983, New York State Human Rights Law ("NYSHRL") and New York City Human Rights Law ("NYCHRL"). Now, New York City Health & Hospitals Corporation ("HHC"), Woodhull Hospital, Asta Moor-head and Alpher Sylvester (collectively, "Defendants"), move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Upon consideration of the written submissions of each party, and for the reasons set forth below, Defendants' motion is granted.

BACKGROUND

Plaintiff was employed as the Assistant Director of the Environmental Care Services Department at Woodhull Hospital from March 22, 1999 until January 27, 2003. Defendants' 56.1 Statement ("Def. 56.1") ¶1.¹ Prior to Plaintiff's employment, she signed a "Condition of Employment" form which classified her as a "Group 11" management employee. Id. at ¶ 2. As such, Plaintiff was an "at will" employee, not subject to the terms and conditions of a collective bargaining agreement and was not subject to the HHC North Brooklyn Health Network Policy and Procedure Human Resources Manual. Id. ¶ 3 and Ex. D "Deck of Yvette Villanueva" ¶ 6. Plaintiff acknowledged in her condition of employment form that her working hours were subject to change and she could be required to work "evenings, nights and/or weekends and holidays." Def. 56.1 ¶ 5. At the outset of Plaintiff's employment, Plaintiff attended a new employee orientation program and signed a form stating she had "received an Employee Handbook" and an "overview of... Equal Employment Opportunity/Affirmative Action Policies." Def. 56.1 Ex. F "New Employee Orientation Verification Form." Throughout Plaintiff's employment, Patrick Sullivan was the Deputy Director of the Environmental Services Department. Id. ¶ 7. Sylvester was the Associate Director of Environmental Services and reported to Sullivan. Id. ¶ 8.

As the Assistant Director of Environmental Services, Plaintiff's responsibilities included (a) refuse and waste management, which included disposal of infectious hospi- tal waste in compliance with Federal, State and City health codes; (b) the linen and housekeeping operations for Woodhull Hospital; (c) the overall maintenance of a sanitary, germ free facility; and (d) the management and scheduling of a subordinate management team consisting of two coordinating managers and three supervisors. Id. ¶11-12. On November 30, 1999, Plaintiff received her first evaluation from Sylvester in which Plaintiff received an overall "superior" rating. Id. ¶ 13. Sylvester scored Plaintiff as "satisfactory" in regards to "waste management" and noted that Plaintiff needed to educate herself on regulatory issues involving hospital waste. Id. ¶ 14. Sylvester also noted that Plaintiff needed to quell her anxiety, take accountability for operational issues, and undergo "sensitivity training." Id. ¶ 15. On June 13, 2000, Sylvester was promoted from Senior Associate Director to Superintendent of Building and Grounds, made retroactive to September 1, 1999. Def. 56.1 Ex. D, "Deck of Yvette Villanueva" ¶10. Sylvester continued to supervise Plaintiff, pending the hiring of a new Associate Director. Id. ¶ 10. On September 5, 2000, Sylvester conducted Plaintiff's second evaluation in which he rated her an overall "outstanding," but specifically rated her "satisfactory" in waste management and noted that Plaintiff needed to "quell anxiety" and demonstrate "a little more sensitivity" when dealing with her subordinates. Id. ¶ 17.

In April 2001, after Sylvester's promotion to Superintendent, the Woodhull Hospital administration announced that Plaintiff would be considered for Sylvester's former position on an "acting" basis. Def. 56.1 Ex. D, "Deck of Yvette Villanueva" ¶ 15. Although it is disputed as to whether Plaintiff's title formally changed, on June 5, 2001, Plaintiff was approved for a 10% pay increase to account for additional work responsibilities. Def. 56.1 ¶ 20. Plaintiff had become responsible for the daily supervision of the staff, managers and supervisors of the entire environmental services department, as well as to implement and monitor hospital policies created to achieve a safe and sanitary hospital environment. Id. ¶21. On August 8, 2001, Plaintiff received her third evaluation from Sylvester in which Plaintiff's "acting responsibilities" were evaluated and she was rated "satisfactory" overall. Def. 56.1, Ex. M "Managerial Performance Appraisal." Sylvester evaluated Plaintiff's efforts as "commendable," but specifically advised a "greater attention to detail," noted that Plaintiff "should expand [her] ability to handle several tasks at the same time," and with respect to overall linen operation of the hospital, Sylvester noted that "several critical operational issues still remain unresolved." Id. Regarding Plaintiff's interpersonal skills, Sylvester noted Plaintiff needed to focus on (a) "being a team player," (b) "being less emotional, less argumentative," and (c) "continuing] to work on being less sensitive, not personalizing situations." Id.

On January 14, 2002, after being interviewed by Sylvester and Deputy Director Sullivan, Moorhead was appointed to the position of Senior Associate Director of Environmental Services by Senior Associate Executive Director of Human Resources, Yvette Villanueva. Id. ¶¶32-34. At some point after Moorhead was appointed, and during the month of January 2002, Moorhead moved Plaintiff from the 7:00 a.m. to 3:00 p.m. shift to the 4:00 p.m. to 12:00 a.m. shift. Def. 56.1, Ex. B PL Dep. at 83:10-85:3. Plaintiff's shift was moved to address several problems and complaints that had occurred on the evening shift. Def. 56.¶¶ 36. Nevertheless, Moorhead returned Plaintiff to the 7:00 a.m. to 3:00 p.m. shift in May 2002. Def. 56.1 ¶ 37.

In February 2002, Plaintiff received her fourth evaluation, for the period of April 2001 through January 2002, in which Sylvester rated Plaintiff an overall "marginal." Def. 56.1 Ex. W "Jan. 7, 2003 NYSDHR Complaint." Although Plaintiff received her review at some point in February 2002, the review was officially issued on March 14, 2002. Id, ¶¶ 25-26. Sylvester noted in the review that Plaintiff's "increased responsibility seemingly overwhelmed [her]," and that "this evaluation indicates that [Plaintiff] is more effective in an Assistant Directorship position." Id, ¶ 26-27. Sylvester justified his overall rating by noting:

Mangers [sic] overall performance as an Associate Director (A) leaves much to be desired It was evident that the responsibility of the position eluded her ability to meet the challenges presented by the position. Within her tenure, the general operation and the cleanliness of the facility were adversely affected. Consequently, a new director was recruited to fill the position.

Manager lacked the maturity and objectivity commensurate with the position. Her emotional outburst and argumentative nature with her subordinates as evidence [sic] by prior physical confrontation has compromised her ability to be an effective leader or basically to get the job done.

Manager failed to grasp the latitude afforded her within the assignment; consequently opportunity to excel in the execution of moderate assignment was compromised by excuses and neglect. Commitment to follow through on basic assignment was further compromised by her inability to deal with several tasks at the same time and an overwhelming willingness to divest responsibility for most assignments without adequate systems for feedback or accountability.

Manager's failure to be a team player has adversely affected her performance and success within this assignment.

Id, ¶ 28.

On March 11, 2002, Woodhull Hospital received a fine of $11,200 for improper disposal of medical waste. Id. ¶ 38. Although it is unclear whether the violation occurred during Plaintiff's shift, refuse was Plaintiff's responsibility during that time period. Def. 56.1 Ex. P Moorhead Dep. 181:1-183:12. At some point after the fine was levied, Moorhead discussed cleanliness deficiencies with Plaintiff in her areas of responsibility. Id. at 71:5-75:25. On July 15, 2002, Plaintiff received a warning for insubordination for failing to submit a Managerial Appraisal Form to Moorhead, even after Plaintiff received an extension to ensure timely submission. Def. 56.1 ¶40. On July 31, 2002, Plaintiff received her first evaluation from Moorhead, which covered March 2002 through June 2002. Def. 56.1 ¶41. Plaintiff received an overall "marginal" rating. Id, In that review, Moorhead identified the corrective action plans needed to address the noted deficiencies, although there is a dispute as to whether the corrective plans identified by Moorhead and affirmed by Sullivan were ever actually implemented. Def. 56.1 Ex. S ...