White v. Town of Huntington
Decision Date | 30 October 2018 |
Docket Number | CV 14-7370 (GRB) |
Parties | ANDREW B. WHITE, Plaintiff, v. TOWN OF HUNTINGTON, THOMAS BOCCARD, in his official and individual capacity, JERRY RICKERT, in his official and individual capacity, MARK J. TYREE, in his official and individual capacity, NEAL SHEEHAN, in his official and individual capacity, and PATRICIA IRVING, in her official and individual capacity. Defendants. |
Court | U.S. District Court — Eastern District of New York |
Pending before the Court in this matter, which, upon consent of the parties is before the undersigned for all purposes, is a summary judgment motion filed by defendants. For the reasons that follow, the motion is granted in part and denied in part.
Upon an examination of the parties 56.1 statements, it appears the following facts are undisputed:
From 2008-2011, plaintiff Andrew White, who is African-American, worked in several temporary positions with the Town of Huntington ("Town"). He was a member of Local 342 of the Long Island Public Service Workers ("Local 342") while employed by the Town. Docket Entry # ("DE") 66 at ¶ 4. As a member of Local 342, plaintiff's terms and conditions of employment were governed by a collective bargaining agreement, which entitled him to certain wage increases and provided that non-permanent, seasonal employees may not work for more than six months at a time. Id. at ¶¶ 4-6. White did, in fact, receive certain pay increases. Id. at ¶¶ 7, 18. Throughout his time working as a temporary employee for the Town, Thomas Boccard, then-Director of the Department of General Services for the Town, encouraged plaintiff to obtain a Commercial Driver's License ("CDL"), telling him that having one would give him a better chance to get a full-time job with the Town. Id. at ¶¶ 9, 25. Plaintiff obtained his CDL in or about 2009. Id. at ¶ 26.
Plaintiff's last temporary assignment with the Town ended in October 2011, after which Thomas Boccard offered plaintiff a regular part-time position in the Department of General Services as a laborer at the Dix Hills Ice Rink ("Ice Rink") for 16 hours per week, weekends only. Id. at ¶¶ 8-10. William Foley, who is Caucasian, was also hired to work as a 16 hour per week, part-time laborer at the Ice Rink in 2011. Id. at ¶¶ 13-14.
Defendant Gerald Riekert was the foreman in charge of the employees working at the Ice Rink, while Mark Tyree, an African-American man, was the Deputy Director of the Department of General Services in 2011. Id. at ¶¶ 15-17. After a year of part-time work, plaintiff received a pay increase. Id. at ¶ 18. In or about April 2013, after two full-time employees had been hired to work at the Ice Rink, Boccard reduced the hours of both part-time employees, plaintiff and Mr. Foley, from 16 hours per week to 8 hours per week. Id. at ¶¶ 20-21. Plaintiff notified Mr. Riekert that he was going to quit his job upon learning that he was being reduced to one day per week. Id. at ¶¶ 22, 24.
Plaintiff applied unsuccessfully for a number of full-time positions with the Town, as follows:
Plaintiff never (1) filed a complaint of discrimination with the Town regarding any of his job applications, (2) went to the Personnel office or the Town Equal Employment Opportunity officer to complain about not receiving any full-time positions, nor (3) filed a grievance with the union regarding his failure to be hired for a full-time position. Id. at ¶¶ 89-97. He had discussions about the situation with a union representative. DE 69 at ¶ 209. In December 2013, plaintiff filed a charge of discrimination with the New York State Division of Human Rights and the EEOC. DE 66 at ¶¶ 90-91. Plaintiff's charge of discrimination does not allege a claim of retaliation under the New York Human Rights Law or Title VII. Id. at ¶ 92.
As the Court has previously observed, an employment discrimination claims is governed by the following analytical framework:
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