Davis v. NYS Dept. of Corrections, 6:10-cv-06641

Plaintiff Stefanie A. Davis, an African American woman, was employed as an ASAT program assistant at Attica, a NYS Corrections facility.
Plaintiff alleges race- and gender-based discrimination and retaliation under Title VII and NYSHRL based on her assignment of inmates.
Plaintiff claims supervisors Post and Whiteford manipulated caseloads to overbalance toward minority or disruptive inmates after she complained.
Plaintiff contends March 2009 meeting included disparaging conduct and false memoranda; Post and Whiteford allegedly limited her communications and scrutinized her more.
Plaintiff transferred voluntarily to Orleans in 2010 seeking new experience; EEOC dismissed her charges in 2010; discovery closed in 2012.
The court denied some relief and denied Plaintiff’s cross-motion; Defendant’s summary judgment motion was granted on most claims but denied as to retaliation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Retaliation under Title VII/NYSHRL	Davis alleges retaliation for EEOC/HR complaint.	Defendant contends no retaliation evidence; not properly briefed.	Retaliation claim survives summary judgment.
Disparate treatment based on race/gender	Disproportionate assignment of minority inmates shows discriminatory impact.	No adverse action and no evidence of discriminatory intent.	Summary judgment granted for Defendant on disparate treatment.
Adverse employment action standard	Various incidents (sampling of conduct) altered terms and conditions.	Incidents do not constitute material adverse actions.	No adverse action found; insufficient to support discrimination claim.
Use of EEOC findings as evidence	EEOC findings support plaintiff’s position.	EEOC findings are not dispositive evidence of liability.	EEOC findings considered as relevant, but not controlling; court weighed them.
Pro se cross-motion and discovery requests	Plaintiff seeks subpoena and counsel; cross-motion for summary judgment.	Requests improper or unsupported; discovery late.	Cross-motion treated as opposition; subpoena denied; counsel denied without prejudice.

Smalls v. Allstate Ins. Co., 396 F. Supp. 2d 364 (S.D.N.Y. 2005) (unfavorable schedules or work assignments do not constitute adverse actions)
Sanders v. Abstract N.Y.C. Human Res. Admin., 361 F.3d 749 (2d Cir. 2004) (adverse-action standard defined; scope of discriminatory conduct)
Adeniji v. Admin. for Children Serv., 43 F. Supp. 2d 407 (S.D.N.Y. 1999) (mere transfer or change in responsibilities not automatically adverse action)
Cooper v. N.Y. State Dep't of Human Rights, 986 F. Supp. 825 (S.D.N.Y. 1997) (mere transfer or changes do not show adverse employment action)
Green v. Harris Publ'ns, Inc., 331 F. Supp. 2d 180 (S.D.N.Y. 2004) (EEOC findings and related evidence considerations)