McGill v. The University of Rochester
6:10-cv-06697
W.D.N.Y.Nov 6, 2013Background
- Plaintiff Katherine McGill, an African-American long-time University of Rochester employee, sues the University of Rochester and Karen Macdonald alleging employment discrimination.
- Defendants move for summary judgment and to seal certain plaintiff exhibits; both motions are granted.
- Plaintiff began as an operations coordinator in 2009, with initial duties including minutes and reporting, but claims training was delayed and she performed lower-level billing tasks.
- Plaintiff alleges a pattern of performance issues, coaching, and a December 2009–January 2010 performance improvement plan (PIP) culminating in termination in March 2010.
- Defendants contend McGill was not performing to job requirements, the new coordinator position was created with approval, and her termination was for legitimate performance reasons rather than race.
- Watkins referred resumes and Macdonald interviewed McGill; a new coordinator position was created and later filled by others; McGill’s eventual replacement and termination are documented in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McGill’s hiring was properly established as non-pretextual | McGill contends she was hired after a short interview and Watkins' deposition leaves questions. | McGill was hired by Macdonald after a qualifying interview; no material fact disputing the hiring. | No genuine issue; Macdonald hired McGill. |
| Whether termination was racially motivated or a result of performance issues | McGill argues race influenced termination despite performance concerns. | Termination based on documented performance deficiencies and PIP assessment. | Termination was for performance reasons, not race. |
| Whether the creation of a new Operations Coordinator position and replacement affected McGill’s claims | McGill asserts the new position was created to replace her with a friend. | Watkins approved the new position; Bridge hired to fill it; not a race-driven act. | New position created with approval; not racially motivated. |
| Whether plaintiff’s training, duties, and role misclassification support a discrimination claim | Training delay and misassignment to billing tasks show discriminatory treatment. | Plaintiff was not meeting job requirements; duties evolved and training completed. | No evidence of prohibited discrimination; claim rejected. |
Key Cases Cited
- Back v. Hastings on Hudson Union Free Sch. Dist., 365 F.3d 107 (2d Cir. 2004) (burden-shifting framework for discrimination claims)
- Raytheon Co. v. Hernandez, 540 U.S. 44 (U.S. 2003) (pretext framework in discrimination cases)
- Garcia v. Hartford Police Dept., 706 F.3d 120 (2d Cir. 2013) (pretext evidence and McDonnell Douglas framework)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment evidence standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (burden on movant to show absence of evidence)
- Gallagher v. Delaney, 139 F.3d 338 (2d Cir. 1998) (analysis of Title VII and NY Executive Law claims)
- Vance v. Ball State Univ., 133 S. Ct. 2434 (2013) (purpose limits of civility code in Title VII)
- Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (judicial documents assumed accessible in court filings)
