567 F. App'x 38
2d Cir.2014Background
- Calandra Institute within CUNY created in 1979 to further Italian-American education; Milione, Italian American, began as a research associate in 1987 and sought promotion at City College in 1990 with a settlement in 1990.
- Milione testified for a codefendant in a separate dispute, leading to a 1994 settlement integrating the Calandra Institute into Queens College.
- In 1995 Milione became Director for Research and Education at the Calandra Institute; in 2006 Tamburri became Dean and initiated personnel changes including Milione’s title.
- Milione alleges in 2007 Tamburri changed his title to Director of Demographic Studies, claimed loss of staff and research ability, and argues this was retaliation for earlier complaints and advocacy for Italian-American affirmative action.
- Milione filed an EEOC charge in 2008; district court granted summary judgment to Defendants on federal claims in 2013 and declined supplemental jurisdiction over state claims; this Court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discrimination under Title VII (McDonnell Douglas framework) | Milione alleged adverse action tied to association with Italian Americans | CUNY's actions were legitimate, non-discriminatory and not based on national origin or association | No genuine pretext; dismissal affirmed for discrimination claim |
| Retaliation under Title VII (McDonnell Douglas) | Actions against Milione were retaliatory for protected activity | Defendants had legitimate reasons unrelated to retaliation | No pretext; retaliation claim failed; affirmed |
| Protective order restricting deposition of Chancellor Goldstein | Goldstein had relevant knowledge; deposition needed | Goldstein had no relevant knowledge; protective order appropriate | Protective order affirmed; no abuse of discretion |
Key Cases Cited
- Demoret v. Zegarelli, 451 F.3d 140 (2d Cir. 2006) (McDonnell Douglas framework applies to retaliation)
- Slattery v. Swiss Reinsurance Am. Corp., 248 F.3d 87 (2d Cir. 2001) (retaliation prima facie burden and pretext framework)
- Richardson v. Comm’n on Human Rights & Opportunities, 532 F.3d 114 (2d Cir. 2008) (causal connection required for retaliation)
- Dister v. Continental Group, Inc., 859 F.2d 1108 (2d Cir. 1988) (employer must articulate legitimate non-discriminatory reason)
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir. 2010) (retaliation via association; pretext analysis)
- Lederman v. N.Y.C. Dep’t of Parks & Recreation, 731 F.3d 199 (2d Cir. 2013) (standard for review of protective orders; abuse of discretion)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden-shifting framework)
- Purgess v. Sharrock, 33 F.3d 134 (2d Cir. 1994) (discretion in dismissing state claims after federal dismissal)