MacChio v. Michaels Electrical Supply Corp.
149 A.D.3d 716
| N.Y. App. Div. | 2017Background
- Plaintiff Jeffrey Macchio worked for Michaels Electrical Supply Corp. (Michaels) from 2005 until termination in 2009; he also sometimes performed work for Redlyn Electric Corp. doing business as Louis Shiffman Electric (Shiffman).
- Macchio alleged discrimination based on Italian ancestry, association with African‑Americans, and religion (Catholic), and that he was denied raises/promotions and received discipline after complaining.
- He also claimed unpaid overtime (FLSA) and that his February 6, 2009 absence was FMLA‑protected and that termination constituted FMLA interference/retaliation.
- Defendants relied on disciplinary history and other legitimate, nondiscriminatory reasons for termination, and argued Michaels employed fewer than 50 employees for FMLA purposes (challenging coverage).
- Supreme Court granted summary judgment dismissing NYSHRL/NYCHRL claims (first through third causes) but denied summary judgment on FLSA and FMLA claims (fourth and fifth causes); parties appealed and cross‑appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NYSHRL/NYCHRL discrimination/retaliation claims survive summary judgment | Macchio: discipline and adverse actions began after complaints; shows pretext and inference of discrimination | Defendants: proffered legitimate nondiscriminatory reason (disciplinary record) for termination | Reversed in part — triable issues exist as to discrimination and retaliation under NYSHRL/NYCHRL (first–third causes), so summary judgment improperly granted for those claims (except hostile work environment) |
| Hostile work environment (NYSHRL/NYCHRL) based on ancestry/association | Macchio: alleged racial/ethnic epithets and a hostile environment | Defendants: challenged sufficiency of evidence to show severe or pervasive harassment | Affirmed for dismissal — plaintiff failed to raise triable issue of hostile work environment under NYSHRL/NYCHRL |
| FMLA coverage and merits (whether Michaels meets 50‑employee threshold via joint/single employer with Shiffman) | Macchio: Michaels and Shiffman should be considered together; absence was FMLA‑protected and termination retaliatory | Defendants: Michaels had fewer than 50 employees; prior venue order establishes relationship (law of the case) | Affirmed denial of summary judgment — triable issues exist on single/joint employer status and FMLA claims; law‑of‑the‑case not applicable |
| FLSA overtime claim | Macchio: worked through unpaid lunches and was not paid overtime | Defendants: disputed overtime entitlement and facts | Affirmed denial of summary judgment — triable issues of fact exist on FLSA claim |
Key Cases Cited
- Forrest v. Jewish Guild for the Blind, 3 N.Y.3d 295 (New York Court of Appeals) (framework for NYSHRL disparate treatment and pretext)
- Chiara v. Town of New Castle, 126 A.D.3d 111 (App. Div. 2d Dep't) (NY courts look to federal law; association claims cognizable)
- Holcomb v. Iona College, 521 F.3d 130 (2d Cir.) (association discrimination recognized)
- Harris v. Forklift Systems, Inc., 510 U.S. 17 (U.S. Supreme Court) (hostile work environment standard)
- Griffin v. Sirva Inc., 835 F.3d 283 (2d Cir.) (single/joint employer analysis in FMLA context)
- Furfero v. St. John's Univ., 94 A.D.3d 695 (App. Div. 2d Dep't) (summary judgment standards in employment discrimination contexts)