Woodell v. United Way of Dutchess County

• Decision Date: 02 March 2005
• Docket Number: No. 04CIV.0256WCC.,04CIV.0256WCC.
• Citation: 357 F.Supp.2d 761
• Parties: Sandra WOODELL, Plaintiff, v. UNITED WAY OF DUTCHESS COUNTY, United Way of America and James G. Williamson, Defendants.
• Court: U.S. District Court — Southern District of New York

Page 761

357 F.Supp.2d 761

Sandra WOODELL, Plaintiff, v. UNITED WAY OF DUTCHESS COUNTY, United Way of America and James G. Williamson, Defendants.

No. 04CIV.0256WCC.

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

March 2, 2005.

Thompson Wigdor & Gilly, LLP, Attorneys for Plaintiff, New York, NY, Douglas H. Wigdor, Esq., Of Counsel.

Wilson, Elser, Moskowitz, Edelman & Dickler, LLP, Attorneys for Defendants, New York, NY, Ricki E. Roer, Esq., Mary T. Hart, Esq., Of Counsel.

Seyfarth Shaw, LLP, Attorneys for Defendant, United Way of America, New York, NY, Lorie Almon, Esq., Devjani Mishra, Esq., Of Counsel.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Sandra Woodell brings this action against the United Way of Dutchess County (the "UWDC"), James G. Williamson (collectively, the "UWDC defendants"), and the United Way of America (the "UWA") alleging discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII") under the Pregnancy Discrimination Act amendment (the "PDA") and the New York State Human Rights Law, new York Executive Law §§ 290 et seq. (the "NYSHRL"). Plaintiff also alleges violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (the "FCRA").¹ The UWA and the UWDC defendants each move pursuant to FED. R. CIV. P. 56 for summary judgment. For the reasons stated hereinafter, the UWA's motion for summary judgment is granted and the UWDC defendants' motion for summary judgment is granted in part and denied in part.

BACKGROUND

The following factual information is uncontroverted unless otherwise noted. The UWDC is a non-profit corporation located in Dutchess County, New York. (UWDC Defs. Rule 56.1 Stmt. ¶ 1.) The UWA is a non-profit corporation located in Virginia. (UWA Rule 56.1 Stmt. ¶ 2.) The UWDC is one of the UWA's many member organizations. As a member organization, the UWDC is licensed by the UWA to use the United Way logo and trade name and is obligated to pay annual dues and to comply with certain ethical and fiscal standards. (Id. ¶¶ 7-8.) The UWDC is independently governed by its own Board of Governors and is operated according to its own bylaws and procedures. (Id. ¶¶ 9-11.) Williamson was the President and CEO of the UWDC for approximately eight years and held that position at all times relevant to this action. (UWDC Defs. Rule 56.1 Stmt. ¶ 2.) Gretchen Moore Simmons, a non-party, was the UWDC's Vice President of Resource Development at all times relevant to this action. (Id. ¶ 3.) Mary Kennett, also a non-party, was an employee at the UWDC at all times relevant to this action. (Id. ¶ 16.)

Plaintiff was employed at the UWDC as an executive assistant from April 1, 2003 through May 9, 2003. (Id. ¶ 4.) Plaintiff applied for the position in March of 2003 by sending a resume and letter of inquiry to the UWDC. (Woodell Dep. at 58.) Plaintiff was interviewed twice by Williamson and Simmons. (Id. at 59-61.) The first interview took place over the telephone and the second interview took place in person at the UWDC office. (Id.)

The parties dispute the substance of what was discussed during plaintiff's interviews. According to the UWDC defendants, plaintiff indicated on her resume and during her interviews that she was presently employed by a company called Ayco, but that she had been on leave to care for her ill mother since December 6, 2002. (UWDC Defs. Rule 56.1 Stmt. ¶ 6.) However, plaintiff maintains that during her first interview she was asked about her job responsibilities at Ayco but not her current employment status. (Woodell Dep. at 59-60.) Plaintiff also maintains that during her second interview, when Williams asked about her employment status at Ayco, she explained that she had taken a leave of absence to care for her mother. (Id. at 62.) According to plaintiff, she explained that she was unsure of her current employment status with Ayco because she had resigned via e-mail on January 24, 2003, but did not know whether Ayco had received her resignation because they had assured her that when she returned from her leave of absence her job would be available to her. (Id. at 71; Pl. Rule 56.1 Stmt., UWDC Defs. Stmts. Denied ¶ 5.)

According to plaintiff, she told Williamson that he could not contact her supervisor at Ayco for a reference because he was upset with her for not contacting him before she spoke to the office manager about taking a leave of absence. (Woodell Dep. at 73.) Plaintiff maintains that Williamson indicated that he understood plaintiff's predicament with Ayco and that he was not bothered by the lack of reference because he had already received her performance summaries from plaintiff's supervisor at Ayco and was very pleased with what they showed. (Id.; Williamson Dep. at 214-15.) Williamson then told plaintiff that they would waive the reference requirement as a condition to her employment. (Williamson Dep. at 215.) The UWDC defendants claim that during the interview process plaintiff was emphatic that the UWDC not contact her supervisor at Ayco because they had a policy of summarily terminating employees who were seeking other employment. (UWDC Defs. Rule 56.1 Stmt. ¶ 9.)

During plaintiff's second interview, Williamson advised her that the UWDC would need to obtain a report on her personal credit as part of the interview process. (Pl. Rule 56.1 Stmt. ¶ 23.) Plaintiff maintains that she requested a copy of the report at that time. (Id.) Plaintiff received an offer of employment at the UWDC from Williamson via telephone. (Id. ¶ 29.) According to plaintiff, during their phone conversation she warned Williamson that her credit report would not be good because of her divorce, but Williamson told her not to worry so long as she had never been convicted of a felony or misdemeanor. (Id. ¶ 30.) Plaintiff states that during their phone conversation she requested a copy of her credit report for a second time. (Id. ¶ 31.) According to the UWDC defendants, Williamson "has no specific recollection" of plaintiff's request for a copy of her credit report. (Williamson Dep. at 219.)

On March 28, 2003, Williamson sent plaintiff an offer letter which stated that her offer of employment at the UWDC was "contingent upon the conduct of a formal pre-employment screening report by Fidelifacts/Metropolitan New York, Inc., and the successful completion of our calls to your references, including those at your present employer, AYCO." (UWDC Defs. Rule 56.1 Stmt. ¶ 10.) Plaintiff countersigned the offer letter attesting, "I have reviewed the terms and find them acceptable." (Id.) However, as noted above, despite the language contained in the letter, plaintiff maintains that the reference requirement had been waived. (Williamson Dep. at 215.) Plaintiff signed the releases required for the credit screening report on March 31, 2003. (UWDC Defs. Rule 56.1 Stmt. ¶ 12.) With respect to her employment at Ayco, plaintiff listed January 2003 as her termination date on the Fidelifacts form.² (Pl. Rule 56.1 Stmt., UWDC Defs. Stmts. Denied ¶ 13.)

Plaintiff began working at the UWDC on April 1, 2003. (UWDC Defs. Rule 56.1 Stmt. ¶ 14.) On her first day of work, plaintiff signed the UWDC's ethics statement, which directs employees to conduct themselves with the highest level of moral and ethical professionalism and specifically forbids "[f]ossifying reports or organizational records." (Id. ¶ 8; UWDC Defs. Mem. Supp. Summ. J., Ex. K.) Plaintiff performed her job duties well and received compliments from Williamson, Simmons and others at the UWDC. (Pl. Rule 56.1 Stmt. ¶ 40.) Plaintiff did not receive any negative feedback regarding her job performance while she was employed at the UWDC. (Id. ¶ 43.)³

On or about April 8, 2003, plaintiff advised the UWDC that she was pregnant. (UWDC Defs. Rule 56.1 Stmt. ¶ 32.) In late April she advised the UWDC defendants that she would need to take some time off for tests and doctor's visits because she had been diagnosed with a high-risk pregnancy-related condition known as toxoplasmosis. (Id.) According to plaintiff, after she informed Williamson and Kennett that she was pregnant she felt tension from them and noticed that they were "curt with her and short with her." (Pl. Rule 56.1 Stmt. ¶ 46.) Plaintiff claims that neither Williamson nor Kennett displayed sympathy or concern for her following her toxoplasmosis diagnosis. (Id.) Plaintiff also claims that Williamson was particularly cold to her and that he was not as responsive or as available for meetings as he had been in the past. (Id.) The UWDC defendants maintain that they were continually supportive and considerate regarding plaintiff's pregnancy, that all of her requests for time off due to her pregnancy, including doctor's visits, were granted without exception and that Williamson told her to take whatever time she needed. (UWDC Defs. Rule 56.1 Stmt. ¶ 34.) Plaintiff denies that the UWDC defendants were supportive regarding her pregnancy, but admits that she was able to take time off for her doctor's appointments. (Pl. Rule 56.1 Stmt., UWDC Defs. Stmts. Denied ¶ 34.) The UWDC defendants note that on or about April 23, 2003, after plaintiff announced that she was pregnant, Williamson and Simmons gave her a greeting card for Administrative Assistants Day indicating that she was doing a good job and that they were pleased to have her working at the UWDC. (Id. ¶ 35.) However, Kennett wrote Williamson an e-mail dated April 25, 2003, wherein she stated that she felt plaintiff had been "less than forthcoming when hired about her pregnancy." (Pl. Rule 56.1 Stmt. ¶¶ 48-49; Williamson Dep. at 226-27.) Williamson admits receiving Kennett's e-mail and also that shortly thereafter they had a conversation about its contents. (Williamson Dep. at 226-27.)

In the meantime, after plaintiff had announced her pregnancy, Kennett undertook to verify plaintiff's employment history. (UWDC Defs. Rule 56.1 Stmt. ¶ 16.) On May 7, 2003, Kennett...