Williams-Lawson v. Subway Surface Supervisors Ass'n
| Decision Date | 21 June 2021 |
| Docket Number | Civil Action 20 Civ. 8544 (PGG) (SLC) |
| Parties | YVETTE WILLIAMS-LAWSON, Plaintiff, v. SUBWAY SURFACE SUPERVISORS ASSOCIATION, MICHAEL CARRUBE, and WILLIAM TORRES, Defendants. |
| Court | U.S. District Court — Southern District of New York |
REPORT AND RECOMMENDATION
I. INTRODUCTION
Pro se Plaintiff Yvette Williams-Lawson brings this employment discrimination action against Defendants Subway Surface Supervisors Association (“SSSA”), Michael Carrube, and William Torres (SSSA, Carrube, and Torres together, “Defendants”), asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C §§ 2000e et seq. (“Title VII”), 42 U.S.C. § 1981 (“§ 1981”), New York State Human Rights Law, N.Y. Exec. L §§ 290 et seq. (“NYSHRL”), and New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 et seq. (“NYCHRL”). (See ECF No. 2 (the “Complaint”)). Williams-Lawson alleges generally that Defendants terminated her employment, retaliated against her, and created a hostile work environment. (Id. at 10). She seeks to recover lost wages, compensation for vacation and sick time, and emotional distress. (Id. at 11).
Defendants now move for dismissal of Williams-Lawson's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 14 (the “Motion”)). For the reasons set forth below, I respectfully recommend that Defendants' Motion be converted to a motion for summary judgment under Federal Rule of Civil Procedure 56, and that the Motion be GRANTED.
II. BACKGROUND
The Court describes the following facts Williams-Lawson set forth in her Complaint, to which she attached her Equal Employment Opportunity Commission (“EEOC”) Charge of Discrimination dated August 26, 2019 (the “EEOC Charge”). (ECF No. 2 at 14-17).
Williams-Lawson, who is female, African-American, and Jewish, alleges that she was the only African-American female “to be elected to an executive position, ” that is, Executive Vice President (“EVP”), of the SSSA, a union for transit supervisors. (ECF No. 2 at 10, 14). As the EVP, Williams-Lawson was “[second] in command” of the SSSA behind Carrube, who was the President. (Id. at 14). During her tenure as EVP, Williams-Lawson alleges that she “was systematically harassed, treated differently, slandered publicly, and disrespected” by Carrube and Torres, who was the SSSA's Secretary/Treasurer. (Id. at 10, 14).
Although Williams-Lawson alleges generally that Defendants' discriminatory treatment began in January or February of 2017, the first date on which Defendants engaged in any allegedly discriminatory act was in 2018, when she was removed from her role as co-creator and editor of the SSSA's annual magazine, “SSSA Express.” (ECF No. 2 at 15). Carrube hired a white male, Michael Skelly, to replace her and act as a publicist. (Id.) Carrube did not respond to her requests for a reason why she was removed from her role on SSSA Express. (Id.) Williams-Lawson's role was not mentioned in the 2018 and 2019 issues of SSSA Express, while the white males were mentioned, thus making her “invisible to the membership.” (Id.)
In October 2018, Carrube told Williams-Lawson that he would “come after” her after she assisted “a member who wanted to bring charges against him.” (ECF No. 2 at 16).
On April 25, 2019, Carrube, during an Executive Board meeting held while she was on vacation for Passover, “changed the structure and hierarchy of the union, and greatly diminished the role of EVP.” (ECF No. 2 at 14-15). On July 30, 2019, Carrube held a second Executive Board meeting, which he deliberately scheduled while she was on vacation. (Id. at 15). On August 26, 2019, Williams-Lawson learned that Carrube scheduled a Nominations Meeting for October 9, 2019, which fell on Yom Kippur, such that she would be unable to attend. (Id. at 14). Carrube then refused Williams-Lawson's requests for minutes to these meetings. (Id. at 15).
On July 18, 2019, Williams-Lawson discovered the Executive Conference Room was locked, and when she asked Carrube why, he gave her “an unbelievable [sic] lame reason, ” although she does not indicate what that reason was. (ECF No. 2 at 15). Carrube also refused to give her access to locked areas of the union hall, while “the staff ha[d] full access to these areas.” (Id.) Also in July 2019, Williams-Lawson “was summoned” to a staff meeting already in progress, and had to stand while all of the white males were seated. (Id. at 16).
On August 13, 2019, after Carrube “came to the hall and [she] wasn't there, ” Carrube sent Williams-Lawson a “threatening email, ” although she does not relay what the threats were. (ECF No. 2 at 15). Carrube also told her to “stay at the hall and help run the union[, a]s opposed to being out dealing with members face to face, ” which she alleges “is a tactic to prevent [her] from being in the field[] interacting with members[, ]” while other “[white] males on staff are free to come and go to interact with their colleagues.” (Id.)
On November 26, 2019, Williams-Lawson “was wrongfully terminated from the union, ” and Carrube terminated her “leave of absence from MTA-NYCT, ” such that she “had to return to [her] civil service title at MTA.” (ECF No. 2 at 10). Thereafter, Carrube refused to pay her for vacation and sick leave she accrued in 2019, and for sick leave she accrued in 2015-2018. (Id.) Carrube also refused to sign her time cards, which delayed the accurate calculation of her pension. (Id.)
Williams-Lawson's Complaint includes several undated incidents of alleged discrimination. Carrube and Torres made reservations for an annual union convention without notifying her, despite her past attendance at the convention. (ECF No. 2 at 15). Carrube refused Williams-Lawson's request to take Fridays off to prepare for the Sabbath, telling her that “most managers are off on Sundays.” (Id.) Carrube instructed Williams-Lawson to remove Bible quotes from her email signature. (Id.) After Williams-Lawson sent Carrube an email informing him that his staff, “comprised of predominantly white males, refused to follow [her] specific instructions on procedural matters, ” she “was retaliated against with a 2-week suspension without pay, and without due process.” (Id. at 16). When Williams-Lawson sought to reestablish a Women's Committee, she “was told” she could not do so. (Id.) When Williams-Lawson sought to arrange a meeting with all station supervisors, Carrube precluded the meeting, telling her “he wanted to concentrate on contract negotiations.” (Id.) At the same time, white male members held meetings in the hall. (Id.) Carrube instructed the SSSA's Executive Administrator not to give her access to updated membership information, while Skelly, a white male, was allowed access. (Id.) Williams-Lawson also alleges that Torres was in charge of ordering customized shirts for the SSSA, but refused her request to order female shirts, stating that “the place didn't sell female shirts.” (ECF No. 2 at 16). Williams-Lawson then purchased female shirts herself, but Torres refused her request to arrange for them to be customized, instead giving her the address of the customizer he used. (Id. at 16-17). Williams-Lawson took the female shirts to the customizer, but “the job was botched” and “the shirts were ruined.” (Id. at 17). Torres was also in charge of ordering business cards, but the ones he ordered for Williams-Lawson had “the wrong look and information on them.” (Id.) Williams-Lawson re-ordered her own cards, but when she went to pick them up, the employee told her that “Torres told him not to give [her] the cards.” (Id.)
The SSSA's Constitution[1] states that the organization's objectives “are to organize supervisors engaged in the transportation and allied industries in the City of New York” for the purpose of, inter alia, improving supervisors' conditions of employment, “provide mutual aid and protection, ” and “establish and maintain harmonious relations between employees and employers.” ). The Executive Board is the governing body of the SSSA “[b]etween meetings” of members, and consists of the President, EVP, Secretary/Treasurer, Executive Administrator, Field Representatives, Section Vice-Presidents, and Section Representatives. (Id. at 3 art. III § 3; 10-11 art. VIII § 7). Between meetings of the Executive Board, the Executive Officers - President, EVP, Secretary/Treasurer, and the Vice-Presidents for sections established by the Executive Board - have governing authority. (Id. at 3 art. III § 4; 11 art. VIII § 8). The Executive Officers are elected to four-year terms by the SSSA's members. ). The process by which members are nominated and elected for Executive Officer positions is detailed in the Constitution. ).
If any member holding an elected position fails to discharge his or her duties for three consecutive SSSA meetings, absent sufficient excuse, the Executive Board may declare that position vacant. ). An Executive Officer can be removed from office “after due trial by the Trial Committee upon charges preferred [sic] against him/her in writing and sustained by a two-thirds (2/3) vote of both the Executive Board and the membership” of the SSSA present and voting at the special meeting called for the purpose of considering the charges. ).
The duties of the EVP include, inter alia, assisting the President, serving as the SSSA's chief grievance officer co-signing checks, acting as trustee of SSSA funds, and performing duties assigned by the President. ...
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