783 F. Supp. 2d 656
S.D.N.Y.2011Background
- Costello, a 58-year-old Hispanic woman, sues NYSNA and two supervisors (Drucker, Calvello) alleging Title VII, NYSHRL, NYCHRL discrimination, hostile environment, and retaliation.
- CBA governed staff discipline, workloads, leaves, and work-at-home rules; NYSNA voluntarily followed similar policies post-expiration.
- Costello previously transferred to Organizing, then to Nursing Representative, reporting to Drucker or Calvello; conflict with Drucker began in 2008.
- 2008 grievances: denial of overnight hotel stay, Final Written Warning for insubordination, and separate Warning for rude treatment; multiple grievances filed by Costello.
- May–July 2008: additional workload and alleged retaliation; June 2009: reassigned to Drucker after Cooper’s termination; June 2010: Costello terminated after 12-month FMLA leave.
- Court grants summary judgment to Defendants on all claims, dismissing NYCHRL for lack of subject matter jurisdiction; plaintiff’s removal of termination as an actionable discrete act is deemed untimely or unalleged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie discrimination under Title VII | Costello is older, Hispanic, and female; adverse actions and discriminatory intent shown. | No material adverse action, no linking evidence of discrimination. | No genuine issue of material fact on adverse action or inference of discrimination. |
| Hostile work environment | Harassment based on race/national origin and abusive discipline. | Harassment not sufficiently severe or pervasive to alter conditions; not proven linked to protected class. | Insufficient evidence of severe/pervasive hostility. |
| Retaliation claim viability | Protected activity preceded alleged adverse actions; causation shown. | Most acts predate EEOC/NYSDHR charge; post-charge acts not clearly linked; some related acts timely. | Retaliation claims partially barred by exhaustion and timing; remaining claims unpersuasive. |
| Individual liability under Title VII | Drucker/Calvello liable in their personal capacities. | Title VII does not permit individual liability. | Dismissed as to individual capacities. |
| NYCHRL jurisdiction | Claims arising in NYC; should be considered. | Restoration Act requires independent construction; subject to state court; not properly in federal court. | Court declines supplemental jurisdiction; NYCHRL claims dismissed without prejudice. |
Key Cases Cited
- McPherson v. New York City Dep't of Educ., 457 F.3d 211 (2d Cir. 2006) (McDonnell Douglas framework and summary judgment in discrimination cases)
- Ruiz v. County of Rockland, 609 F.3d 486 (2d Cir. 2010) (three-step burden-shifting; timing and inference of discrimination)
- Alfano v. Costello, 294 F.3d 365 (2d Cir. 2002) (reasoning on relatedness of claims and retaliation standard)
- National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (continuing violation doctrine; timely filing for hostile environment claims)
- Burlington Northern & Santa Fe Ry. v. White, 548 U.S. 53 (U.S. 2006) (adverse-action standard for retaliation)