Smalls v. Allstate Ins. Co.

• Decision Date: 10 October 2005
• Docket Number: No. 01 Civ. 5412(BSJ).,01 Civ. 5412(BSJ).
• Citation: 396 F.Supp.2d 364
• Parties: Raymond SMALLS, Plaintiff, v. ALLSTATE INSURANCE CO. and William Smith, Defendants.
• Court: U.S. District Court — Southern District of New York

396 F.Supp.2d 364

Raymond SMALLS, Plaintiff, v. ALLSTATE INSURANCE CO. and William Smith, Defendants.

No. 01 Civ. 5412(BSJ).

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

October 10, 2005.

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Dana Lynn Tolento Colao, Jennine DiSomma, Saiber, Schlesinger, Satz & Goldstein, LLC, Newark, NJ, Michael Harris Freeman, Greenberg, Dauber, Epstein & Tucker, Newark, NJ, for Allstate Insurance Co.

Michael Harris Freeman, Greenberg, Dauber, Epstein & Tucker, Newark, NJ, for William Smith.

Robert K. Marchese, Brooklyn, NY, for Raymond Smalls.

ORDER

JONES, District Judge.

On June 15, 2001, Plaintiff Raymond Smalls ("Plaintiff") filed a five-count Complaint against Defendants Allstate Insurance Company ("Allstate") and former Allstate manager William Smith ("Smith"), alleging discrimination, a hostile work environment, intentional infliction of emotional distress, and retaliation based on race.¹ Defendants Allstate and Smith moved for summary judgment on all counts. For the reasons set forth below, Defendants' motions are granted and the Complaint is dismissed in its entirety.

Background

Plaintiff has been employed by Allstate in various capacities and in various locations in the New York metropolitan region since 1986. In October 1997, Plaintiff received a promotion to the position of Frontline Performance Leader ("FPL"), and, as a result, was transferred from the Elmhurst office to the Roslyn office. Shortly thereafter, the Roslyn Auto Claims Unit, which included Plaintiff and approximately 24 other people, was relocated to Allstate's office in Hicksville, where Defendant Smith was the Market Claims Manager ("MCM"). (DiSomma Aff., Exhs. B & D, Smalls Tr. 22-24, Smith Tr. 24).

In January 1999, Allstate's Resolution Hotline received two anonymous calls complaining about Smith's unprofessional behavior. (DiSomma Cert., Exhs. J & K, Exh. I, Reavis Tr. 35-36). The first anonymous caller complained that Smith used profane language and acted unprofessionally because Smith believed the caller was not performing his job properly. (DiSomma Aff., Exh. J). The caller, who was later learned to be Plaintiff, did not mention race or racial discrimination. (DiSomma Aff., Ex. B, Smalls Tr. 151). The second anonymous caller, later identified as Allstate employee Liz Glidden, complained that Smith "belittled" Plaintiff "in the presence of other employees." (DiSomma Aff., Exh. K, Glidden Tr. 16). Glidden later testified that she called the Hotline after she had witnessed an incident in January 1999 between Plaintiff and Smith where they were "yelling loudly at each other." (Glidden Tr. 11-12).

In February 1999, Frontline Performance Expert ("FPE") Vinnie Friscia sent a five-page letter to Human Resources Manager Susie Reavis describing several incidents in which Smith used profanity and subjected him to verbal abuse and humiliation. (DiSomma Aff., Exh. H). As a result of these complaints, Allstate's Human Resources Department opened an investigation into Smith's workplace behavior. (DiSomma Aff., Exh. I, Reavis Tr. 42). All of the FPLs from the claims units in the Hicksville office were interviewed and an Investigation Summary Report dated March 16, 1999 summarized the investigation. (DiSomma Aff., Exh. M). According to Reavis, the complaints of the Hicksville FPLs included the following: (1) Smith regularly engaged in disparaging and insensitive conduct toward his managers, using profane and abusive language; (2) three managers from Roslyn stated that they had a difficult time adjusting to Smith's tough and demanding behavior; (3) one minority manager was treated particularly harshly and was belittled, yelled at, and cursed at by Smith in front of other employees.

Reavis recommended the immediate termination of Smith's employment based on the findings of the investigation that his treatment of the managers in the Hicksville office was unprofessional. Smith submitted a letter of resignation upon learning the results of the investigation, and ceased working at Allstate on or about March 19, 1999. (DiSomma Aff., Exh. D, Smith Tr. 34).

During the investigation of Smith, Robert Bond, an FPE in the Elmhurst office, requested that Plaintiff be transferred to Elmhurst to fill a vacant FPL position in their office. Smith's supervisor, Joel McDonald, approved the transfer, subject to confirmation that Plaintiff wanted to be transferred to Elmhurst. Allstate never confirmed Plaintiff's desire for a transfer to Elmhurst. Upon being transferred, Plaintiff complained that he was unhappy because the transfer increased his commute to work, and four weeks after his transfer, Plaintiff was returned to his position in Hicksville. (DiSomma Aff., Exh. C, Smalls Tr. 324, McDonald Tr. 37, Bond Aff. ¶ 6).

On March 15, 1999, also during the investigation of Smith, Plaintiff filed a complaint with the New York State Division of Human Rights (the "NYSDHR") alleging that Allstate unlawfully discriminated against him based on his race in violation of New York Human Rights Law, Section 296 as evidenced by his transfer to the Elmhurst office, his verbal harassment by Smith, and racially derogatory statements made to other employees ("NYSDHR Complaint I"). (DiSomma Aff., Exh. O).

After Smith ceased working at Allstate, Plaintiff continued to work in the Hicksville office as an FPL. In April 1999, Debbie Fiske was appointed MCM at the Hicksville office. In October 1999, Allstate underwent a nationwide Personnel Reorganization, reducing the overall number of managerial positions, including FPLs, and redeploying them to service-oriented positions. Fiske's evaluation of the leadership skills of the FPLs on her staff resulted in Plaintiff and two other FPLs being redeployed to senior claim adjuster positions. The redeployment did not impact Plaintiff's salary or his ability to receive a salary increase. As a result of the redeployment, Plaintiff promptly filed another complaint with the NYSDHR ("NYSDHR Complaint II"), alleging retaliation for filing his NYSDHR Complaint I. (DiSomma Aff., Exh. X). The NYSDHR dismissed both complaints. (DiSomma Aff., Exh. Y).

On June 15, 2001, Plaintiff filed a five-count Complaint in the District Court for the Southern District of New York against Allstate alleging discrimination, a hostile work environment, intentional infliction of emotional distress, and retaliation based on race ("Complaint").

Discussion

I. Standard for Summary Judgment

Federal Rule of Civil Procedure 56(c) provides that summary judgment should "be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." To prevail, the party moving for summary judgment must "demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party does so successfully, the non-moving party must "set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). The court must draw all reasonable inferences and resolve all ambiguities in favor of the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). However, the non-movant cannot rely on "conclusory statements or on contentions that the affidavits supporting the motion are not credible." Ying Jing Gan v. City of New York, 996 F.2d 522, 535 (2d Cir.1993).

The Second Circuit has warned that district courts should be "particularly cautious about granting summary judgment to an employer in a discrimination case when the employer's intent is in question. Because direct evidence of an employer's discriminatory intent will rarely be found, `affidavits and depositions must be carefully scrutinized for circumstantial proof which, if believed, would show discrimination.'" Schwapp v. Town of Avon, 118 F.3d 106, 110 (2d Cir.1997) (quoting Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1224 (2d Cir.1994)). That said, a court may grant a defendant's motion for summary judgment in an employment discrimination case where the plaintiff relies "on conclusory allegations of discrimination and the employer provides a legitimate rationale for its conduct." Tojzan v. New York Presbyterian Hosp., No. 00 Civ. 6105(WHP), 2003 WL 1738993, at *4 (S.D.N.Y. March 31, 2003).

II. Discrimination Claims

Plaintiff first alleges race discrimination under both Title VII and New York Executive Law ("NYEL") Section 290. Discrimination suits brought under Title VII follow the familiar burden-shifting regime established by McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). First, the plaintiff must make out a prima facie case of discrimination by showing that (1) he belongs to a protected class; (2) he suffered an adverse employment action; and (3) the circumstances surrounding the adverse employment action give rise to an inference of discrimination. Brown v. Coach Stores, Inc., 163 F.3d 706, 709 (2d Cir.1998) (citing McDonnell Douglas). The burden then shifts to the employer to show a legitimate, nondiscriminatory reason for the adverse employment action. If the employer does so, the final burden remains with the plaintiff to show that the nondiscriminatory reason asserted by the employer was pretextual and that the employer discriminated against him. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 143-44, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

Although Title VII does not define adverse employment actions "solely in terms of job termination or reduced wages and benefits," Wanamaker v. Columbian Rope Co., 108 F.3d 462, 466 (2d Cir.1997), it "must be more disruptive than a mere inconvenience or an alteration of job responsibilities." Galabya v. New...