621 F. App'x 91
2d Cir.2015Background
- Plaintiff Marian Inguanzo sued her employer, Housing & Services, Inc., alleging Title VII claims including failure to promote, denial of training, discriminatory termination (race and sex), and retaliation; district court granted summary judgment for defendants.
- For the Scatter Site promotion, a licensed master social worker (LMSW) was contractually required; Inguanzo lacked that license.
- Inguanzo conceded her claim regarding the Narragansett position was time-barred.
- Employer relied on documented performance issues (late submission of care plans, progressive discipline) as nondiscriminatory reasons for adverse actions, including termination.
- Plaintiff pointed to a small set of alleged discriminatory remarks and temporal proximity to her complaints as evidence of discrimination and retaliation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to promote (Scatter Site & Narragansett) | Inguanzo argues she was unlawfully passed over for promotion | Scatter Site required LMSW license; Narragansett claim untimely | Summary judgment for defendant: Scatter Site applicant unqualified; Narragansett time-barred |
| Denial of training opportunities | Denied training was an adverse employment action supporting discrimination claim | Denial caused no materially adverse change in terms/conditions of employment | Summary judgment for defendant: no adverse consequence shown |
| Discriminatory termination (race & sex) | Termination was motivated by discriminatory animus; points to remarks and replacement | Employer proffered nondiscriminatory reasons (lateness, insubordination); remarks are stray or unsupported; same-hire-fire actor and replacement was Hispanic woman | Summary judgment for defendant: plaintiff failed to show pretext or sufficient evidence of discriminatory intent |
| Retaliation for complaining | Termination followed her discrimination complaints, showing causal nexus | Adverse actions were culmination of progressive discipline predating complaint; temporal proximity insufficient | Summary judgment for defendant: lack of causation due to prior discipline/history |
Key Cases Cited
- Allianz Ins. Co. v. Lerner, 416 F.3d 109 (2d Cir. 2005) (standard of review for summary judgment)
- Galabya v. N.Y. City Bd. of Educ., 202 F.3d 636 (2d Cir. 2000) (definition of materially adverse employment action)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden-shifting framework for discrimination claims)
- James v. N.Y. Racing Ass’n, 233 F.3d 149 (2d Cir. 2000) (when plaintiff must produce evidence of discrimination after employer proffers nondiscriminatory reasons)
- Danzer v. Norden Sys’s, Inc., 151 F.3d 50 (2d Cir. 1998) (stray remarks insufficient to create inference of discrimination)
- Carlton v. Mystic Transp., Inc., 202 F.3d 129 (2d Cir. 2000) (same-actor inference undermining discrimination claim)
- Univ. of Texas S.W. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (U.S. 2013) (but-for causation standard for retaliation)
- Slattery v. Swiss Reinsurance America Corp., 248 F.3d 87 (2d Cir. 2001) (temporal proximity insufficient where progressive discipline predates complaint)