GEORGE B. DANIELS, District Judge:
Plaintiff Keith Turner brought this action against his former employer NYU Hospital Center ("NYUHC"), as well as NYU Medical Center, NYU School of Medicine, and NYU Health System (collectively, "Defendants"), arising from the termination of his employment in June 2004. Plaintiff asserts claims against all Defendants for "unlawful discrimination based on race, color and national origin, unlawful harassment, unlawful retaliation, and unlawful employment practices, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; the Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981 et seq.; the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. L. § 290 et seq.; and the New York City Human Rights Law, ("NYCHRL"), N.Y.C. Admin. Code § 8-101 et seq." Complaint ¶ 1. Defendants moved pursuant to Fed.R.Civ.P. 15(a) for leave to amend their answer to the Complaint. Defendants subsequently moved pursuant to Fed.R.Civ.P. 56(c) for summary judgment. Defendants' motion for summary judgment is GRANTED.
Joseph Morelos, who is Filipino, was hired as the Director of the Building Services
In 2002, it was necessary for Morelos to fill a vacancy for Building Services Manager. Id., Ex. F, at 12.
Plaintiff, a white American, began as a Department Building Services Manager in September 2002. Id., Ex. B, at 17-18, 156. Plaintiff shared managerial responsibilities
Around March/April 2003, Pineda raised several concerns with Plaintiff about his performance, including: (a) his failure to complete the Department's holiday work schedule on time; (b) his failure to respond to pages in a timely manner; (c) complaints from supervisors who "were having a difficult time working under [his] leadership"; (d) his staff's failure to complete their full shifts; (e) his staff's poor execution of cleaning duties; and (f) his infrequent use of the disciplinary process to correct subordinates' performance problems.
In September 2003, Pineda conducted Plaintiff's annual performance review. DM Decl., Ex. 16. Plaintiff's overall performance was rated as "meets performance standards" or "[p]erformance regularly meets normal expectations and job requirements."
Each morning Plaintiff and Sutowski conducted check-in for the Department's staff. KG Decl., Ex. B, at 19-20. Plaintiff alleges that DeGazon attended these daily check-ins "to create a hostile environment," id., Ex. B, at 36-37, and that he felt harassed. Id., Ex. B, at 38-39. Plaintiff alleges that, during his attendance, DeGazon "show[ed] his support or his preferential treatment for Mr. Stephen in ... full view of the staff," and engaged in conduct that undermined Plaintiff's authority over the staff. Id., Ex. B, at 37. Specifically, Turner alleges that DeGazon socialized with Stephen, criticized Plaintiff's performance when speaking to Stephen, and stared at Plaintiff or had a stern look or look of disapproval. Id. at 37-39. DeGazon alleges that it was his practice for more than 20 years to attend daily checkins
Pineda's native language is Spanish. Pineda Declaration ¶ 2. She states that "[she] never conduct[ed] any business in the Department in Spanish," except with members of the cleaning staff who ... had difficulty understanding something in English. Id. She also states that "[she] do[es] not speak Spanish when talking to a group of employees that includes a non-Spanish speaker." Id.; KG Deck, Ex. G, at 28. Plaintiff alleges that Pineda was "favorable" to a certain female supervisor "because they spoke Spanish." KG Decl., Ex. B., at 57. Plaintiff also alleges that Pineda once told him that he should learn to speak Spanish. Id. at 57-58.
In 2004, Department Office Manager Corrie Fromkin informed Morelos that she went to Human Resources to complain about DeGazon.
Odom recalls Plaintiff telling him that the work environment was "okay" and that "others had more difficulty with the environment than him primarily because ... he was more custom [sic] to the style." KG Decl., Ex. H, at 57-58. Odom does not recall Plaintiff saying that he felt he was being discriminated against, or complaining that he was subject to unequal treatment because of his race or national origin. Odom Decl. ¶ 6. Plaintiff alleges that he complained to Odom about the "undermining of the department by Mr. DeGazon's actions" and his inability to do his job properly because DeGazon and Pineda were protecting Plaintiff's subordinates. KG Decl., Ex. B., at 49. Plaintiff further alleges that he described DeGazon's conduct as "favoritism," not "racism," because he was "looking at a black man trying to complain about another black man" and thus "trying to tread lightly." Id., Ex. B., at 49-50. Plaintiff also said "being from St. Lucia, describing that Mr. Stephen was of the same race and of the same national origin." Id., Ex. B., at 50. Plaintiff asserts that "the point was quite clear that [he] was being treated unfavorably." Id., Ex. B., at 50-51.
Odom concluded that the divide in the Department was too deep and unbridgeable for a training solution. Odom Decl. ¶ 11. The Department was divided into two camps. KG Decl., Ex. H, at 67. Plaintiff, as well as Fromkin and Sutowski, belonged to the Morelos Camp. Id., Ex. H, at 68. Pineda belonged to the DeGazon Camp. Id., Ex. H, at 70. There was "a lot of tension between them." Id., Ex. H, at 71.
Odom reported his assessment to Vice President of Operations John Harney that Morelos and DeGazon could not effectively
On June 8, 2004, DeGazon held a meeting for supervisors. KG Decl., Ex. B, at 140; id., Ex. C, at 113-15; DeGazon Decl. ¶ 12. Plaintiff alleges that the meeting was a response to Sutowski and him complaining to Human Resources. KG Decl., Ex. B, at 140-42. Plaintiff considered the meeting as "another form of harassment." Id., Ex. B, at 140-41. DeGazon contends that he did not single out any particular person at the meeting for criticism or name anyone as showing more or less commitment to the job. DeGazon Decl. ¶ 12; KG Decl., Ex. C, at 113-117. A handout was available for attendees, indicating "commitment" as the topic of the meeting. DeGazon Decl., Ex. 1; KG Decl., Ex. C, at 114. Plaintiff alleges that he received a handout with his name (i.e."Mr. Turner") written at the top. KG Decl., Ex. J, at Ex. 84. DeGazon contends that he did not write Plaintiff's name at the top of the copy Plaintiff received. KG Decl., Ex. C, at 113.
On June 2, 2004, the President of NYUHC sent an urgent memo mandating that all departments decrease their personal budgets by 2% because the hospital was already over budget for the year. Odom Decl., Ex. 3. The memo directed all departments to submit staffing reduction plans by the following week. Id.
The Department at the time was budgeted for two manager positions on the dayshift. DeGazon Decl. ¶ 15. Sutowski's position managed 4 supervisors and approximately 60 unionized employees who worked on eleven patient floors, at a salary of $58,299.80. Id.; KG Decl., Ex. J, Plaintiff's Deposition Exhibits, Ex. 15. Plaintiff's position managed 2 supervisors and approximately 40 unionized employees who worked in the sterile areas of three facilities, at a salary of $60,465.08. DeGazon Decl. ¶ 15; KG Decl., Ex. J, Exs. 105, 107. DeGazon contends that he eliminated Plaintiff's position and created a sole manager position that performed all of the duties of Sutowski's position and absorbed some of the duties of Plaintiff's position. KG Deck, Ex. C, at 42; DeGazon Decl. ¶¶ 16-17.
DeGazon decided to eliminate eight positions and to layoff twenty-eight employees, two-thirds of which were people of color. Odom Declaration ¶ 18; id., Ex. 4. DeGazon alleges that he eliminated Plaintiff's position because "[he] could save more money, due to his higher salary, and because his smaller span of control and staff made it easier to distribute the duties of that position to other managers."
On June 17, 2004, DeGazon promoted Stephen from Supervisor to the sole Building Services Manager. KG Decl., Ex. C, at 30; DeGazon Decl. ¶ 20. Stephen was responsible for all of Sutowski's prior responsibilities, in addition to some of Plaintiff's responsibilities. Pineda Decl. ¶ 21; DeGazon Decl. ¶ 21. DeGazon alleges that his selection was based upon several considerations: (a) Stephen's seven years of experience and successful job performance at NYUHC, as well as his prior management experience; (b) Stephen had a good working relationship with Pineda, which was important to the smooth operation of the Department; and (c) Stephen's salary was lower than either Plaintiff's or Sutowski's, allowing the Department to save additional personnel costs.
On June 18, 2004, DeGazon sent an email to the Department announcing Stephen's promotion. DM Del., Ex. 23. Plaintiff was a recipient of that email. Id. DeGazon also admits that he had a vendetta against Plaintiff:
KG Decl., Ex. C., at 157.
The Human Resources Policies and Procedure Manual is "an aid and guide in personnel matters" and "not a contract of any kind." Odom Declaration ¶ 19; id., Ex. 5. The policies "may be changed, rescinded or modified where desirable." Odom Declaration ¶ 19; id., Ex. 5. Section 10-1.B.4 describes a process for placing employees who have been selected for layoff in other vacant Hospital positions before the completion of the laid off employee's termination notice:
Odom Declaration ¶ 19; id., Ex. 6. Odom explains that a recall list was not kept for non-union employees at that time and that a non-union employee, like Plaintiff, had to contact the Recruiting Department to be considered for other vacant positions. Odom Declaration ¶¶ 20, 22. Odom reports that Plaintiff neither contacted the Recruiting Department for placement nor applied for another position. Id. ¶ 22.
Pineda and DeGazon completed Plaintiffs Confidential Personnel Profile two months after Plaintiff's discharge. KG Decl., Ex. C., at 50-52; Marshall Declaration, Ex. 21. Pineda rated Plaintiff's performance as follows: (a) Fair Quality; (b) Poor Quantity; (c) Good Attendance; and (d) Fair Cooperation.
Summary judgment is appropriate where the evidence, viewed in the light most favorable to the non-moving party, shows "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Vacold L.L.C. v. Cerami, 545 F.3d 114, 121 (2d Cir.2008). The burden of proof rests upon the moving party to show that no genuine issue of material fact exists. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A "material" fact is one that will affect the outcome of the suit under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). For there to be a "genuine" issue of material fact, the evidence must be such "that a reasonable jury could return a verdict for the non-moving party." Id. In determining whether there is a genuine issue of material fact, the court is required to resolve all ambiguities and draw all inferences in favor of the non-moving party. See Sec. Ins. Co. of Hartford v. Old Dominion Freight Line, Inc., 391 F.3d 77, 83 (2d Cir.2004).
In employment discrimination cases, courts are particularly cautious about granting summary judgment where intent is at issue. See Gallo v. Prudential Residential Servs., Ltd. Pshp., 22 F.3d 1219, 1224 (2d Cir.1994); Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.1985). "[B]ecause writings directly supporting a claim of intentional discrimination are rarely, if ever, found among an employer's corporate papers, affidavits and depositions must be carefully scrutinized for circumstantial proof which, if believed, would show discrimination." Id. However, even in such cases, a "plaintiff must provide more than conclusory allegations of discrimination
As a preliminary matter, "[t]he substantive standards applicable to claims of employment discrimination under Title VII ... are also generally applicable to claims of employment discrimination brought under § 1981."[
Under the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), a plaintiff must first make out a prima facie case of discrimination by showing: "1) that he belonged to a protected class; 2) that he was qualified for the position he held; 3) that he suffered an adverse employment action; and 4) that the adverse employment action occurred under circumstances giving rise to an inference of discriminatory intent." Feingold v. New York, 366 F.3d 138, 152 (2d Cir.2004); see also McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. "If a plaintiff establishes a prima facie case, a presumption of discrimination is created and the burden of production shifts to the [employer] to articulate some legitimate, nondiscriminatory reason for the adverse employment action or termination." Farias v. Instructional Sys., 259 F.3d 91, 98 (2d Cir.2001) (citations omitted); see also McDonnell Douglas, 411 U.S. at 802-03, 93 S.Ct. 1817. If the employer does so, then a plaintiff "is given an opportunity to adduce admissible evidence that would be sufficient to permit a rational finder of fact to infer that the employer's proffered reason is pretext for an impermissible motivation." Howley v. Town of Stratford, 217 F.3d 141, 150 (2d Cir.2000) (citations omitted); see also McDonnell Douglas, 411 U.S. at 804-05, 93 S.Ct. 1817.
Defendants do not argue that Plaintiff has not established a prima facie case. See Defs.' Mem., at 12. Rather, Defendants argue that they are entitled to summary judgment on the unlawful termination claims because Plaintiff has not produced sufficient evidence to prove that their stated reasons for Plaintiffs termination were false and that the real reason was discrimination against whites (race) and/or individuals not from St. Lucia (national origin).
Plaintiff has failed to raise a material issue of fact as to whether Defendants' stated reasons for his termination are false or unworthy of credence. Plaintiff has not produced any evidence demonstrating that Defendants have offered inconsistent reasons for Plaintiff's termination. Plaintiff argues that Defendants' references to a "consolidated position" in their motion paper contradicts DeGazon's testimony and NYUHC's EEOC statement.
Plaintiff has not produced any evidence demonstrating that Defendants' stated reasons conveyed false information or were otherwise false. Plaintiff's argument that his position was not eliminated is not supported by the record. See Pl.'s Mem., at 14. It is undisputed that, during Plaintiff's term of employment, the Department had two Building Services Manager positions, each being responsible for different duties. It is also undisputed that, after the Department's restructuring and Plaintiffs termination, the Department had one Building Services Manager. Plaintiff has not produced any evidence contradicting Defendants' evidence that the restructured position was responsible for all of the duties from Sutowski's position and some of the duties from Turner's position. Contrary to Plaintiff's assertion, whether a position entitled Building Services Manager existed immediately after Plaintiff's termination is a separate issue from whether a position comprised of substantially the same duties performed by Plaintiff existed immediately after Plaintiff's termination. Only the latter issue,
Plaintiff's argument that his termination did not "save money" is also not supported by the record. See Pl.'s Mem., at 11-12, 15-16. Although Plaintiff's argument is technically a misstatement of the reason articulated by Defendants,
Finally, Plaintiff's argument that he was more qualified for the sole manager position than Stephen and that DeGazon and Pineda were aware of his superior qualification does not raise a material issue as to the falsity or credence of Defendants' stated reason to the contrary. "Courts have recognized that an employer's disregard or misjudgment of a plaintiff's job qualifications may undermine the credibility of an employer's stated justification for an employment decision." Byrnie v. Town of Cromwell Bd. of Educ., 243 F.3d 93, 103 (2d Cir.2001) (collecting cases). However, for a material issue of fact regarding plaintiffs qualifications to exist, "the plaintiff's credentials would have to be so superior to the credentials of the person selected for the job that no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the plaintiff for the job in question." Id. (internal quotation marks and citation omitted). This is because "the court must respect the employer's unfettered discretion to choose among qualified candidates." Id. (same).
Plaintiff has failed to produce any evidence demonstrating that his qualifications were so superior that an unreasonable disparity existed between Plaintiff and Stephen.
Plaintiff has failed to raise a material issue of fact as to whether Plaintiff's Race or National Origin was a real reason for his termination.
Plaintiff alleges that pretext is shown by the following: (a) DeGazon violating Plaintiff's recall rights; (b) DeGazon directing Pineda to complete an evaluation "falsely stating that [Plaintiff] was unqualified for the position and ineligible for the rehire"; and (c) a pattern of discrimination and retaliation in the Department by DeGazon. However, none of these circumstances raise the inference that Plaintiff was laid off for an unstated reason related to his race or national origin.
Plaintiff contends that "pretext is shown by the fact that Mr. DeGazon's actions violated Mr. Turner's recall rights under NYU's written policies." Pl.'s Mem., at 12. Although it is undisputed that Plaintiff was eligible for recall, Plaintiff has not produced any evidence that the written policy was violated. Section 10-1.B.4 provides that "the Human Resources/Employment and Recruitment Department should be contacted by the Supervisor and the terminating employee, in order that the employee may be considered for available positions." There is no evidence that Plaintiff ever contacted anyone at NYUHC for a placement, nor does Plaintiff allege that he did so. There is also no evidence that Plaintiff was a union employee, the implication being that he was not eligible to be automatically placed on a recall list.
Plaintiff offers merely conclusory assertions that "[he] was entitled to be recalled for the Manger position" and that "DeGazon refused to place [him] in the position." Pl.'s Mem., at 12. Plaintiff has not identified any language in the Manual that guaranteed him the restructured manager position or required that he be considered, notwithstanding his failure to contact the Recruiting Department for a placement. Plaintiff has also not produced any evidence that DeGazon could have, or even did, engage in conduct that prevented him from being recalled.
Plaintiff also contends that "pretext is shown by the fact that in August 2004, Mr. DeGazon, to cover up his tracks, had Ms. Pineda (his agent who had discriminated against [Plaintiff] as well) complete an `evaluation' section on a personnel record falsely stating the [Plaintiff] was unqualified for the position and ineligible for rehire." Pl.'s Mem., at 12-13. However, Plaintiff's contention is contradicted by the actual content of the Confidential Personnel Profile. See MD, Ex. 21. The Profile requires the evaluator to rate a terminated employee's performance in four categories: quality, quantity, attendance, and cooperation. The Profile also required the evaluator to make a recommendation regarding rehire eligibility. Pineda marked "no" for rehire eligibility on Plaintiff's Profile and wrote "unacceptable level of performance" as an explanation. The Profile contained no statements, implied or expressed, regarding whether Plaintiff was qualified for either his former position or the new Building Service Manager position. Thus, there is no evidence from which a reasonable jury could conclude that Pineda stated that Plaintiff was unqualified to be a Building Services Manager.
With respect to rehire eligibility, Pineda designated Plaintiff as ineligible and stated that Plaintiff had an unacceptable level of performance. Plaintiff has not produced any evidence contradicting Odom's testimony that managerial employees were not guaranteed eligibility for rehire simply because they were laid off, and that, in such circumstances, the supervising manager had the discretion to make the eligibility designation based on [her] assessment of the employees's performance. Furthermore, Plaintiff has not produced any evidence that Pineda or DeGazon considered impermissible factors such as Plaintiff's
Finally, Plaintiff contends that a pattern of discrimination in the Department establishes pretext. Plaintiff alleges that DeGazon made "discriminatory and harassing comments ... based on sex and religion" to Fromkin.
Plaintiff also alleges that Fromkin was the victim of a similar hiring-and-firing scenario: (a) DeGazon wanted Morelos to promote Ms. Richards within the Department for the Office Manager position "because of her race and color" but Morelos hired Fromkin; and (b) once DeGazon became the Interim Director, he terminated Fromkin's employment based upon a "false accusation of theft of time" and promoted Ms. Richards. Pl.'s Mem., at 13. Plaintiff's evidence demonstrates that Fromkin and Morelos may have had an arrangement for compensating her for overtime. Plaintiff, however, has not produced any evidence demonstrating that Fromkin's time sheets accurately stated when she was in the office or that Odom's recommendation for termination to DeGazon was unreasonable based on the information available. Plaintiff's evidence also does not demonstrate or even raise the inference that DeGazon recommended Ms. Richards because of her race and/or fired Fromkin because of her race or color.
The evidence indicates that Plaintiff likely had a contentious relationship with DeGazon and Pineda, both of whom were his superiors. Pineda had ongoing concerns with Plaintiff's job performance and lack of improvement, and Plaintiff seems to think that his performance was fine. Both DeGazon and Pineda had close or friendly relationships with employees under Plaintiff's supervision, and Plaintiff felt that their relationships threatened his authority. There was a deep division within the Department and Plaintiff belonged to the Morelos Camp rather than the DeGazon Camp. Most of all, DeGazon admits that he had a vendetta against Plaintiff
However, the record lacks any evidence indicating that the unstated reason was related to Plaintiff's race or national origin.
Plaintiff has failed to produce any evidence that similarly situated employees outside his protected class were treated more favorably than him on account of race or national origin. See International Bhd. of Teamsters v. United States, 431 U.S. 324, 335 n. 15, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977); Norville v. Staten Island Univ. Hosp., 196 F.3d 89, 95 (2d Cir.1999).
Even if Plaintiff could demonstrate that Stephen was similarly situated, no reasonable jury could find that Plaintiff experienced differential treatment based upon his race or national origin. The record lacks any evidence of differential treatment. Plaintiff does not identify instances of comparable conduct by Stephen, whether social or professional, to which DeGazon had different reactions. Rather Plaintiff's allegations and evidence focus solely on the interactions between DeGazon and Stephen in Plaintiff's presence. To the extent that any favoritism DeGazon showed to Stephen constituted differential treatment towards Plaintiff, the record also lacks any evidence that DeGazon's conduct was motivated by discriminatory animus against whites or non-St. Lucians. Absent such evidence, the differences in national origin and race are simply insufficient to themselves demonstrate intentional unlawful discrimination. "Title VII does not insulate an individual from criticism that is not based on an impermissible reason." Bickerstaff v. Vassar Coll., 196 F.3d 435, 451 (2d Cir.1999). "Title VII does not outlaw cronyism." Foster v. Dalton, 71 F.3d 52, 56 (1st Cir.1995)
Plaintiff has also failed to produce any other circumstantial evidence from which a jury could infer that DeGazon or anyone else intentionally discriminated against him on the basis of his race or national origin. The evidence regarding the June 2004 reduction in force and other employees' interactions with DeGazon do not support an inference of a discriminatory
Having failed to produce any evidence that could demonstrate pretext for race or national origin discrimination, Plaintiff cannot, as a matter of law, prevail on his unlawful termination claim. Defendants are thus entitled to summary judgment on the unlawful termination claim.
The burden-shifting framework set forth by McDonnell Douglas also applies to unlawful retaliation claims. See Stratton v. Dep't for the Aging for the City of New York, 132 F.3d 869, 879 (2d Cir. 1997). "[T]he plaintiff must first present sufficient evidence to make out a prima facie case, that is, evidence sufficient to permit a rational trier of fact to find": "[1] that she `engaged in protected participation or opposition under Title VII, [2] that the employer was aware of this activity, [3] that the employer took adverse action against the plaintiff, and [4] that a causal connection exists between the protected activity and the adverse action, i.e., that a retaliatory motive played a part in the adverse employment action.'" Cifra v. GE, 252 F.3d 205, 216 (2d Cir.2001) (quoting Sumner v. United States Postal Service, 899 F.2d 203, 208-09 (2d Cir.1990)). "[T]he burden of production shifts to the defendant to proffer a legitimate non-retaliatory reason for the adverse employment action." Kaytor v. Elec. Boat Corp., 609 F.3d 537, 552-53 (2d Cir.2010) (citation omitted). "If the employer produces such evidence, the employee must, in order to avoid summary judgment, point to evidence sufficient to permit an inference that the employer's proffered non-retaliatory reason is pretextual and that retaliation was a substantial reason for the adverse employment action." Id. at 553 (internal quotation marks omitted).
Plaintiff has failed to produce sufficient evidence to demonstrate that he engaged in a protected activity and that NYUHC had knowledge of the protected activity. A "protected activity" includes "the filing of formal charges of discrimination" as well as "informal protests of discriminatory employment practices, including making complaints to management, writing critical letters to customers, protesting against discrimination by industry or by society in general, and expressing support of co-workers who have filed formal charges." Sumner v. United States Postal Service, 899 F.2d 203, 209 (2d Cir. 1990). "Complaints about conduct clearly prohibited by the statute need not mention discrimination or use particular language." Int'l Healthcare Exch., Inc. v. Global Healthcare Exch., LLC, 470 F.Supp.2d 345, 357 (S.D.N.Y.2007) (citing Ramos v. City of New York, 1997 WL 410493, at *3, 1997 U.S. Dist. LEXIS 10538, at *7 (S.D.N.Y. July 22, 1997) (no "magic words" must be used)). "However, ambiguous complaints that do not make the employer aware of alleged discriminatory misconduct do not constitute protected activity." Id. (citing Ramos, 1997 WL 410493, at *3, 1997 U.S. Dist. LEXIS 10538, at *7 ("[T]he complaint must put the employer on notice that ... discrimination is occurring."); citation omitted).
Plaintiff claims that "in April 2004, [he] complained to NYU's Human
Courts in the Second Circuit "review discrimination claims brought under the NYSHRL [] according to the same standards that ... apply to Title VII discrimination claims." Pucino v. Verizon Communs., Inc., 618 F.3d 112, 117 (2d Cir.N.Y.2010) (citing Cruz v. Coach Stores, Inc., 202 F.3d 560, 565 n. 1 (2d Cir.2000)). Thus, for the reasons stated for granting summary judgment of the Title VII and § 1981 claims for discrimination based on race and national origin, Plaintiff's claims under the NYSHRL are dismissed.
NYCHRL claims must be given an independent liberal construction from Title VII and section 1981 claims. See Kolenovic v. ABM Industries Inc., 361 Fed.Appx. 246 (2d Cir.2010) (citing Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268, 278 (2d Cir.2009); other citations omitted); Williams v. New York City Housing Authority, 61 A.D.3d 62, 872 N.Y.S.2d 27 (2009) (trial court's "decision dismissing the action failed, however, to properly construe plaintiff's claims under the local Restoration Act, which mandates that courts be sensitive to the distinctive language, purposes, and method of analysis required by the City HRL, requiring an analysis more stringent than that called for under either Title VII or the State HRL"). Yet, even under the NYCHRL's more liberal standard, Plaintiff has still failed to frame any genuine issue of fact as to race or national origin discrimination. Defendants have "prove[n] that the alleged discriminatory conduct in question does not represent a `borderline' situation but one that could only be reasonably interpreted by a trier of fact as representing no more than petty slights or trivial inconveniences." Williams, 872 N.Y.S.2d at 41. Therefore, Plaintiff's claims under the NYCHRL are dismissed.
Defendants' motion for summary judgment is GRANTED. Defendants' motion for leave to amend the answer is denied as moot.
SO ORDERED.
