Davies v. New York City Department of Education
563 F. App'x 818
2d Cir.2014Background
- Davies, a teacher at East Bronx Academy (EBA), took FMLA leave from December 1, 2007 to January 22, 2008.
- Upon return, Davies alleges retaliation by NYCDOE and Principal Scrogin, including reassignment, ignored complaints, and heightened scrutiny.
- The EBA issued several unsatisfactory classroom evaluations and annual performance ratings for Davies during 2007-2008 and 2008-2009.
- The district court granted summary judgment for the defendants, concluding the actions were not proven to be retaliatory.
- Davies appealed, challenging whether the actions constituted adverse employment actions and whether the reasons given were pretextual.
- The Second Circuit reviews a summary-judgment ruling de novo and applies the FMLA retaliation framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the actions were an adverse action under the FMLA | Davies contends reassignment and evaluations deter redress. | Defendants argue actions were not materially adverse to Davies' terms and conditions. | No material adverse action shown; some actions assumed adverse but not clearly. |
| Whether the non-discriminatory reason was pretext for retaliation | Davies argues timing and scrutiny imply pretext despite past performance. | Poor performance supported by repeated unsatisfactory evaluations. | Evidence insufficient to show pretext; timing alone not enough. |
| Whether temporal proximity to protected activity supports retaliation | Davies highlights close timing between FMLA leave and actions. | Temporal proximity is insufficient without other evidence of motive. | Temporal proximity alone fails to prove retaliatory intent. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. Supreme Court, 1973) (establishes burden-shifting framework for retaliation)
- Millea v. Metro-North R.R. Co., 658 F.3d 154 (2d Cir. 2011) (materially adverse action includes nontrivial changes)
- Galabya v. New York City Bd. of Educ., 202 F.3d 636 (2d Cir. 2000) (materially adverse change in terms and conditions of employment)
- Sista v. CDC Ixis N. Am., Inc., 445 F.3d 161 (2d Cir. 2006) (defines FMLA entitlement and right to return)
- El Sayed v. Hilton Hotels Corp., 627 F.3d 931 (2d Cir. 2010) (temporal proximity alone insufficient to prove pretext)
- Ben-Levy v. Bloomberg, L.P., 518 F. App’x 17 (2d Cir. 2013) (applies El Sayed rule to FMLA cases)
- Weeks v. New York State (Div. of Parole), 273 F.3d 76 (2d Cir. 2001) (indices of adverse action include reduction of responsibilities)
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir. 2010) (standard for reviewing summary-judgment rulings on retaliation)