950 F. Supp. 2d 704
S.D.N.Y.2013Background
- Calandra Institute was created in 1979 to foster Italian-American education within CUNY; Milione, an Italian American, joined Calandra in 1987.
- Plaintiff previously sought a promotion in 1990; settlement resolved in 1990 and again in 1994, integrating Calandra into Queens College.
- Milione became Director for Research and Education at Calandra in 1995, overseeing Italian-American affirmative action research.
- In 2006 Dean Tamburri appointed and began limiting Milione’s duties; in 2007 Milione’s title and description were changed, reducing staff and research scope.
- Milione alleged retaliation for earlier complaints and testimony; he filed an EEOC charge in 2008 and suit followed in 2010; various defendants moved to dismiss or for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Calandra Institute and Queens College can be sued separately from CUNY | Milione asserts distinct institutional defendants exist. | Calandra Institute and Queens College are not separate legal entities from CUNY. | Dismissed; Calandra Institute and Queens College not cognizable entities. |
| Whether the Individual Defendants can be sued under Title VI or Title VII | Individual defendants liable for national origin discrimination under Title VI and Title VII. | Individuals cannot be sued under Title VI or Title VII; only the employer entity is liable. | Dismissed; individuals not liable under Title VI/Title VII. |
| Whether Milione has viable Title VI claims against CUNY | CUNY and funds nexus alleged due to federally funded programs. | Calandra/Queens College funds were not primarily for employment; Title VI claims fail. | Dismissed Title VI claims. |
| Whether Milione's Title VII discrimination claims (disability and national origin) survive | Discrimination based on Italian origin and disability; prima facie shown for some elements. | Disability claim not cognizable under Title VII; no evidence of discriminatory intent for national origin. | Disability claim dismissed; no prima facie case for national origin discrimination; summary judgment granted on these claims. |
| Whether Milione has a viable Title VII retaliation claim | Challenged title change and duties changes were retaliatory for protected activity. | Proffered business reasons and lack of pretext undermine retaliation claim. | Summary judgment for Defendants; no retaliation; no causal link proven. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for pleading)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment movant can shift burden to nonmovant)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (material facts must be genuinely disputed)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishing the burden-shifting framework for discrimination claims)
- Patane v. Clark, 508 F.3d 106 (2d Cir. 2007) (preference for pleading specificity in Title VII context)
- Holcomb v. Iona Coll., 521 F.3d 130 (2d Cir. 2008) (elements of a prima facie Title VII discrimination claim)
- Sumner v. U.S. Postal Serv., 899 F.2d 203 (2d Cir. 1990) (protected activity includes informal protests of discrimination)