JOANNA SEYBERT, District Judge.
Plaintiff Deshonda Goode ("Plaintiff"), a former letter carrier for the United States Postal Service (the "USPS"), originally commenced this action
Plaintiff is a forty-nine-year-old, African-American female. (Goode Decl., Docket Entry 65, ¶ 2.) This action arises out of her employment and subsequent termination as a letter carrier for the USPS. She was first hired on March 24, 2001 and worked at the post office in Hempstead, New York (the "Hempstead Post Office") until her termination in June 2009.
Between 2001 and 2006, Plaintiff worked at the Hempstead Post Office with no disciplinary history. However, according to USPS employment records, during this time, she was involved in a motor vehicle accident and three "industrial accidents" that resulted in injuries. (
Rynne became the postmaster of the Hempstead Post Office sometime in 2005. (Def.'s 56.1 Stmt. ¶ 5.) Prior to and after Rynne became postmaster, Tom McGuiness ("McGuines") was Plaintiff's direct supervisor and he reported directly to Rynne. (Def.'s 56.1 Stmt. ¶ 6.) On June 21, 2005, Plaintiff filed the first of two pre-complaints against Rynne with an Equal Opportunity Employment ("EEO") counselor.
Plaintiff filed the second pre-complaint against Rynne on November 7, 2006. (Cedeno Decl. Ex. B at 22-23.) During her deposition, Plaintiff testified that she filed this complaint because Rynne was again harassing her. Specifically, she stated that: "Mr. Rynne was harassing me that day. He was in my face calling me names, throwing my mail around. He was just in my face since the time I punched in at 8:00 in the morning until I was taken out in an ambulance." (Goode Dep. Tr. 61:17-21.) On December 21, 2006, Plaintiff's pre-complaint was settled after mediation. (
However, Plaintiff alleges that Rynne "became mad due to the EEO complaint," (Pl.'s 56.1 Counterstmt. ¶ 52), and continued "discriminating against [her] and harassing [her]" and "further retaliated against [her]" as a result of the complaint, (Goode Decl. ¶ 14). For example, during her deposition, Plaintiff testified that Rynne starting making "smart comments" to her "every other day," including calling her a "lazy black bitch" and saying that her hair was "nappy." (Goode Dep. Tr. 63:4-65:2.) In a court-ordered interrogatory response, Plaintiff alleged that on November 7, 2007, Rynne told her to "[g]et [her] black ass back to work" and "was saying [her] black [was] lazy, [that she] d[id] not come back on time, [and that she was a] stupid ass." (Schumacher Supp. Decl., Docket Entry 56 at 7.) Plaintiff also contends that after the 2006 EEO complaint was resolved, "Rynne started following [her] on [her] route every single day" in order to "form[ ] a paper trail," and that "[t]his was not something that [ ] happened to other carriers." (Goode Decl. ¶ 15.)
Then, between November 28, 2007 and February 26, 2009, Plaintiff received seven separate disciplinary notices and/or suspensions for alleged constant tardiness and violations of post office safety rules. (
On November 24, 2009, Plaintiff filed a formal EEO complaint alleging discrimination based on race and retaliation related to the June 24th NOR. (Def.'s 56.1 Stmt. ¶¶ 33-34.) On October 28, 2010, an EEOC Administrative Law Judge issued a decision without a hearing, finding for the USPS, and holding that Plaintiff could not meet her burden of showing that she was discriminated against. (Def.'s 56.1 Stmt. ¶ 35.) On August 9, 2012, Plaintiff filed this action against Defendant, asserting claims of racial discrimination and retaliation in violation of Title VII. Defendant now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Docket Entry 49.) This motion is fully briefed and currently pending before the Court.
Summary judgment is appropriate where "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R. CIV. P. 56(a);
"The burden of showing the absence of any genuine dispute as to a material fact rests on the party seeking summary judgment."
Claims for racial discrimination or retaliation under Title VII are analyzed using the burden-shifting framework articulated by the United States Supreme Court in
Defendant moves for summary judgment on Plaintiff's claims, arguing that Plaintiff can neither establish her prima facie case nor prove that Defendant's stated reason for terminating her employment was a pretext for unlawful discrimination or retaliation under the standards governing claims brought pursuant to Title VII.
"Title VII prohibits discrimination against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of,
(3) [s]he suffered an adverse employment action; and (4) the adverse action took place under circumstances giving rise to the inference of discrimination."
The first three elements of Plaintiff's prima facie case are not in dispute. Plaintiff clearly is a member of a protected class, she suffered an adverse employment action when she was terminated, and Defendant does not argue that she was not qualified to be a letter carrier. However, Defendant argues that summary judgment should be granted on Plaintiff's racial discrimination claim because she has not established the fourth element of her prima facie case—that is, that her termination took place under circumstances giving rise to an inference of discrimination. (Def.'s Br., Docket Entry 58, at 14-16.) The Court disagrees.
An inference of discrimination "can be established in a variety of ways depending on the specific facts of the case."
Here, Plaintiff contends that an inference of discrimination may be drawn because (1) Rynne made remarks to her that could be viewed as reflecting a discriminatory animus, and (2) several Caucasian mail carriers violated post office rules or had motor vehicle accidents, but were not disciplined as Plaintiff was. (
"A showing of disparate treatment—that is, a showing that an employer treated plaintiff `less favorably than a similarly situated employee outside [her] protected group'—is a recognized method of raising an inference of discrimination for the purposes of making out a prima facie case."
Nonetheless, Plaintiff has established a prima facie case of discrimination based on her testimony that Rynne made remarks to her that could be viewed as reflecting a discriminatory animus. Specifically, during her deposition, Plaintiff testified that after she and Rynne settled her 2006 EEO pre-complaint against him, he starting making "smart comments" to her "every other day," including calling her a "lazy black bitch" and saying that her hair was "nappy." (Goode Dep. Tr. 63:4-65:2.) In a court-ordered interrogatory response, Plaintiff alleged that on November 7, 2007, Rynne told her to "[g]et [her] black ass back to work" and "was saying [her] black ass [was] lazy, [that she] d[id] not come back on time, [and that she was a] stupid ass." (Schumacher Supp. Decl., Ex. A. at 7.) Defendant has not submitted any evidence rebutting Plaintiff's testimony. Rather, Defendant argues that because Plaintiff's prior interrogatory response indicated only one occasion of an alleged discriminatory remark, she should be bound to this one instance, which would be insufficient standing alone to establish a prima facie case of discrimination. (Def.'s Reply Br., Docket Entry 67, at 4.) Defendant contends that the declaration she has submitted in opposition to Defendants' summary judgment motion is only "an effort to manufacture issues of fact to survive summary judgment" by including new allegations that Rynne called her "derogatory names due to [her] race." (Def.'s Reply Br. at 4 (alteration in original).) The Court disagrees. As noted, Plaintiff testified during her deposition that Rynne repeatedly made derogatory comments to her, including calling her a "lazy black bitch," and it is well settled that "`[a]n inference of discrimination may be drawn by a showing that the employer criticized the plaintiff's performance in ethnically degrading terms. . . .'"
In sum, Plaintiff has establish a prima facie case of discrimination based on Rynne's allege derogatory remarks, but she has failed to produce sufficient evidence that she was treated differently than similarly situated employees. The Court will now turn to Plaintiff's prima facie case of retaliation under Title VII.
Title VII prohibits an employer from retaliating against an employee because she has engaged in protected activity, namely, "oppos[ing] any practice made an unlawful employment practice [under Title VII], or because [she] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]." 42 U.S.C. § 2000e-3(a). To meet the initial burden of establishing a prima facie case of retaliation under Title VII, Plaintiff must show that: "(1) [she] was engaged in protected activity; (2) the employer was aware of that activity; (3) [she] suffered an adverse employment action; and (4) there was a causal connection between the protected activity and the adverse employment action."
Plaintiff has met her initial burden of establishing a prima facie case of retaliation. The first three elements are not in dispute. Defendant argues that Plaintiff has failed to set forth evidence establishing the fourth element of her prima facie case—namely, that there was a causal connection between the protected activity and her termination. (Def.'s Br. at 16-18.) Defendant specifically argues that an inference of retaliation cannot arise because there is no temporal proximity between the EEO pre-complaint Plaintiff filed in 2006 and her termination in 2009. (Def.'s Br. at 17-18.) The Court disagrees.
It is true that "[i]n order for a court to `accept mere temporal proximity between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence of causality to establish a prima facie case,' the temporal proximity must be `very close.'"
Here, according to Plaintiff, after she filed her 2006 pre-complaint against Rynne, he began following her on her route every day in order to the lay the foundation for her termination in retaliation for the 2006 complaint. (Goode Decl. ¶ 15.) Defendant dismisses this allegation as uncorroborated by supporting evidence. However, there is evidence that Plaintiff's disciplinary changed drastically after she filed the 2006 complaint. Between 2001 and 2006, Plaintiff worked at the Hempstead Post Office with virtually no disciplinary history. Although she was involved in a motor vehicle accident on February 24, 2006 (prior to the 2006 complaint), for which she received additional driving training, Plaintiff maintains that she was rear ended while sitting at a red light. (Pl.'s 56.1 Counterstmt. ¶ 11.) Reviewing the evidence in the light most favorable to Plaintiff, the Court finds that there are triable issues of fact with respect to the presence of a causal link between her 2006 complaint and her subsequent termination in 2009.
Defendant next asserts that it is entitled to summary judgment on Plaintiff's Title VII claims of discrimination and retaliation because it has come forward with legitimate, non-discriminatory reasons for its actions that Plaintiff cannot show are pretextual. The Court disagrees. Specifically, Defendant asserts that it had a legitimate, non-discriminatory reason for terminating Plaintiff because she was constantly late to work and violated numerous post office rules regarding safety. After careful analysis of the record, however, the Court finds that a rational factfinder could conclude that Plaintiff's termination arose from intentional discrimination based on her allegations that Rynne made racially insensitive remarks regarding Plaintiff's job performance and the sharp increase in disciplinary actions following Plaintiff's EEO precomplaint against Rynne. Accordingly, Defendant's motion for summary judgment is DENIED.
For the foregoing reasons, Defendant's motion for summary judgment (Docket Entry 50) is DENIED.
SO ORDERED.