Ukeje v. New York City Health & Hosps. Corp.
| Decision Date | 04 November 2011 |
| Docket Number | No. 10 Civ. 8389 (AJP).,10 Civ. 8389 (AJP). |
| Parties | Martin UKEJE, Plaintiff, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant. |
| Court | U.S. District Court — Southern District of New York |
OPINION TEXT STARTS HERE
David Christopher Wims, David Wims, Law Offices, Brooklyn, NY, for Plaintiff.
Shakera Khandakar, New York City Office of Corporation Counsel, New York, NY, for Defendant.
Plaintiff Martin Ukeje, a fifty-three year old African American man, brings this action against defendant New York City Health and Hospitals Corporation (“HHC”) alleging violations of 42 U.S.C. § 1983, the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”). (Dkt. No. 1: Compl. ¶¶ 1, 20–49.) Ukeje asserts that HHC unlawfully fired him in retaliation for his complaints of discrimination. (Compl. ¶¶ 25–29, 35–39, 45–49.) 1
Presently before the Court is HHC's summary judgment motion. (Dkt. No. 13: Notice of Motion.) The parties have consented to decision of this case by a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 11.) For the reasons set forth below, HHC's summary judgment motion is GRANTED as to Ukeje's Section 1983 claim and his discrimination claims, and Ukeje's state-law retaliation claims are DISMISSED without prejudice under the United Mine Workers v. Gibbs doctrine.
On May 19, 2008, Ukeje started working for HHC at Gouverneur Hospital as a probationary Associate Respiratory Therapist, Level II. .) Ukeje was a recent graduate of Molloy College, with four months experience as a Respiratory Therapist at Beth Israel Medical Center, where his annual salary was $58,000. Bruce Higgins, HHC's Associate Director of Specialty Services at Gouverneur Hospital, interviewed and selected Ukeje for the position. Higgins recommended Ukeje's starting salary based on the Collective Bargaining Agreement (“CBA”) between HHC and Ukeje's union, DC37. The CBA contained a salary range for Associate Respiratory Therapists, with differences in salary based on several factors including years of experience and employment with HHC and whether the employee has a registered license. (HHC & Ukeje Rule 56.1 Stmts. ¶ 7; Higgins Aff. ¶ 8.) Ukeje's starting annual salary was $68,000 plus a pro-rated annual amount of $2,347 for having a registered license in Respiratory Therapy.
In March or April 2009, Ukeje discovered that a co-worker in the same position, who he believed had less seniority, was being paid $14,000 more per year. Ukeje alleges that he discovered his coworker's pay stub in open view in a folder to which he and others had access. (Ukeje Dep. at 40–41; Ukeje Rule 56.1 Stmt.¶ 38.) On April 29, 2009, Ukeje emailed HHC Equal Employment Opportunity Officer Lois Penn stating his “EEO concerns” and “suspicion that [his] colleague, who has the same title, the same level, the same qualification and the same certification and state registration and doing the same job and 4 years city service, is earning about $12000 or more higher than [him] annually.” Penn's response email asked Ukeje to call her to discuss the matter. Ukeje called Penn and scheduled a meeting. (HHC & Ukeje Rule 56.1 Stmts. ¶ 12; Penn Aff. ¶ 6.) Penn informed Ukeje to bring any relevant documentation to their meeting.
On May 5, 2009, Ukeje met with Penn and expressed his concerns that a white coworker with the same title was being paid a higher salary. (HHC & Ukeje Rule 56.1 Stmts. ¶ 13; Penn Aff. ¶ 7; Ukeje Dep. at 44–45.) Ukeje presented a copy of his co-worker's pay stub dated March 20, 2009. (HHC & Ukeje Rule 56.1 Stmts. ¶ 14; Penn Aff. ¶ 8; Ukeje Dep. at 45–46.) The parties dispute the facts surrounding the remainder of this meeting. (Ukeje Rule 56.1 Stmt. ¶¶ 14–17.)
Penn alleges that she asked Ukeje where he had obtained the pay stub, and he said that he “took it from a ‘folder’ in his department and made a copy.” (HHC Rule 56.1 Stmt. ¶ 14; Penn Aff. ¶ 8.) According to Penn, Ukeje “admitted that he did not” have his co-worker's permission to make the copy. (HHC Rule 56.1 Stmt. ¶ 15; Penn Aff. ¶ 8.) Penn asked Ukeje to wait in her office while she went to speak with Labor Relations Specialist Arthur B. Simmons regarding Ukeje's actions and to discuss what action should be taken. According to HHC, when Simmons and Penn returned to Penn's office and questioned Ukeje, he stated he had taken his co-worker's pay stub and made a copy without permission. (HHC Rule 56.1 Stmt. ¶ 17; Penn Aff. ¶ 10; Simmons Aff. ¶ 7; Ukeje Dep. at 46.) Simmons determined that disciplinary action should be taken and informed Ukeje that he was suspended without pay, effective May 6, 2009. Simmons informed Ukeje that he would be served with a Notice of Statement and Charges and that his union representative would be notified.
Ukeje alleges that he discovered the pay stub while completing his time sheet, which was in the same folder as the pay stub. (Compl. ¶ 9; Ukeje Dep. at 39–41.) Ukeje alleges that Penn never asked him where he obtained the pay stub and whether he had permission to make the copy, thus also denying that he admitted that he did not have permission to make the copy. (Ukeje Dep. at 46; Ukeje Rule 56.1 Stmt. ¶¶ 14–15, 41.) Furthermore, Ukeje alleges that Simmons never questioned him, and he did not admit to Simmons that he took the pay stub and made a copy without permission. (Ukeje Dep. at 46; Ukeje Rule 56.1 Stmt. ¶¶ 17, 41–42.)
On May 8, 2009, Ukeje was served disciplinary charges for Gross Misconduct and Misconduct.
Specification 1. That on or about March 19, 2009, you made a copy of your coworkers confidential information without authorization.
Specification 2. That on or about May 5, 2009, you presented a copy of the above document to Human Resources regarding a salary inquiry.
Specification 3. That on or about May 5, 2009, your actions were a serious violation of another employees confidentiality and interest for your personal gain.
Specification: That an Employee shall not remove without proper authorization any property belonging to any patient or employee.
Simmons subsequently determined that Ukeje was a probationary employee and amended Ukeje's disciplinary charges to add that the misconduct occurred during Ukeje's probationary period.
On May 19, 2009, Ukeje and his union representative attended an informal disciplinary conference presided over by Simmons. Ukeje's supervisor Bruce Higgins also attended the conference and recommended that Ukeje be terminated. (HHC & Ukeje Rule 56.1 Stmts. ¶ 26; Higgins Aff. ¶¶ 22–23; Ukeje Dep. at 47.) After the conference, Simmons determined that Ukeje was not entitled to disciplinary rights and could be terminated at any time during his probationary term under the HHC Personnel Rules and Regulations. (HHC & Ukeje Rule 56.1 Stmts. ¶ 27; Simmons Aff. ¶ 17.) Simmons sent Ukeje a memorandum informing him that the Notice of Statement and Charges and conference were done in error and that he was terminated effective May 26, 2009.
At the time of Ukeje's termination, his salary was $73,549 plus an additional $2,347 for licensure.
Michael Leibowitz was hired by Gouverneur Hospital in February 2005 with an annual salary of $68,862. .) Previously, Leibowitz was employed at several HHC facilities, including King County Hospital Center as Director of the Department of Respiratory Care and Queens Hospital Center as Staff Therapist. Prior to his employment at Gouverneur Hospital in 2005...
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