Rotger v. Montefiore Medical Center
1:15-cv-07783
| S.D.N.Y. | Mar 29, 2019Background
- Nelson Rotger, a Hispanic X-ray technologist at Montefiore, worked there from 2008 until his termination on September 20, 2013; he died in October 2015 and his wife (administrator of his estate) pursued the action.
- Plaintiff alleges McLean (Rotger’s supervisor) made repeated racial and disability‑related derogatory remarks and targeted Rotger, leading to discipline and ultimately termination.
- Montefiore contends discipline and termination were for non‑discriminatory reasons (workplace infractions) and that some complaints were never received or were ordinary workplace disputes.
- Termination followed McLean’s report of an incident on Sept. 17, 2013; timeline evidence supports an inference the decision relied heavily on McLean’s report before independent corroboration.
- Plaintiff asserts claims under Title VII, ADA, FMLA, NYSHRL, NYCHRL, and a wrongful‑death theory linking workplace stress to Rotger’s fatal seizure; court evaluates summary judgment motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Race/color discrimination (Title VII, NYSHRL) — termination | McLean’s repeated racial remarks and his report caused termination; shows discriminatory animus and cat’s‑paw liability | Termination was based on independent investigation and legitimate non‑discriminatory reasons; other incidents are time‑barred | Denied summary judgment as to termination claims; triable issues exist under cat’s‑paw theory; other pre‑termination acts mostly fail as adverse actions or are time‑barred |
| Disability discrimination (ADA, NYSHRL) — disparate treatment & accommodation | McLean mocked Rotger’s seizure disorder and targeted him; denial of accommodation claim asserted | No proof Rotger provided medical documentation for accommodation; discipline/termination were non‑discriminatory | Denied summary judgment on disparate treatment (triable facts); failure‑to‑accommodate claim survives defendant’s narrow documentary challenge (not dismissed on that ground) |
| Retaliation (Title VII, ADA, NYSHRL, NYCHRL) | Rotger made complaints about McLean; McLean threatened techs and intended to get complainers fired, creating causal link to termination | No evidence decision‑makers knew of some specific late complaints; prior discipline justified termination | Title VII and NYSHRL retaliation claims survive summary judgment (triable issues); ADA retaliation claim dismissed for lack of evidence decision‑makers knew about disability‑related complaints; NYCHRL retaliation survives |
| FMLA retaliation | Request to renew FMLA occurred shortly before termination; temporal proximity and managerial comments show retaliatory motive | Decision‑makers were not aware of the renewal request; emails cited do not show retaliatory intent | Summary judgment granted for defendant — plaintiff failed to establish prima facie FMLA retaliation (no knowledge or causal link) |
| Wrongful death | Termination/stress aggravated seizure disorder and caused death | Medical evidence insufficient to connect employer conduct to death; competing medical history exists | Summary judgment granted for defendant — plaintiff’s expert and testimony are conclusory and do not create triable issue on causation |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden‑shifting framework for discrimination claims)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (factfinder may infer discrimination from falsity of employer’s explanation)
- Staub v. Proctor Hosp., 562 U.S. 411 (cat’s‑paw liability where biased subordinate proximately causes adverse action)
- Vasquez v. Empress Ambulance Serv., Inc., 835 F.3d 267 (discussion of cat’s‑paw and supervisor/subordinate roles)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (NYCHRL construed broadly; "treated less well" standard)
- Ya‑Chen Chen v. City Univ. of N.Y., 805 F.3d 59 (NYCHRL claims survive where federal/state claims survive)