915 F. Supp. 2d 498
S.D.N.Y.2013Background
- Plaintiff is an African American contract attorney at Quinn Emanuel from Nov 2006 to Aug 5, 2010; she alleges race discrimination and retaliation under Title VII and NY state/city laws.
- Contract attorneys were hourly workers; hours were not guaranteed and could be switched between projects.
- Riegler became Senior Discovery Attorney Sep 1, 2009, overseeing contract staffing though direct contact among attorneys persisted.
- Plaintiff initially worked on Ambac; she agreed to switch to Morgan Stanley project with overtime approval; African American attorney comparison exists.
- December 2009: Morgan Stanley dropped first-level review, leaving Plaintiff and others without work; January 2010 had mixed assignments with Caucasian attorneys on other projects.
- February 2010 meeting with Calamari (NY office managing partner) regarding distribution of contract work; Calamari found no race-based irregularities based on data from Riegler; Plaintiff did not provide follow-up information.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discrimination: prima facie case and adverse action | Plaintiff argues less hours and discriminatory assignments show adverse action | Defendant contends no admissible adverse action based on discrete transfers; statistics insufficient | Discrimination claim dismissed; no actionable adverse action proven. |
| Retaliation: prima facie case and constructive discharge | Plaintiff claims constructive discharge and fear of harassment due to reporting discrimination | No objectively intolerable conditions; scheduling measures offered; resignation precludes constructive discharge | Retaliation claim dismissed; no prima facie case established. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes the burden-shifting framework for Title VII discrimination)
- St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (U.S. 1993) (ultimate burden of persuasion remains with plaintiff)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (retaliation standard; material adverse action for retaliation)
- National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (discrete acts vs. hostile work environment in discrimination claims)
- Galabya v. New York City Bd. of Educ., 202 F.3d 636 (2d Cir. 2000) (definition of adverse employment action; material change in terms)
- Feingold v. New York, 366 F.3d 138 (2d Cir. 2004) (examples of adverse employment actions beyond monetary loss)
- Brown v. Snow, 2006 WL 623594 (S.D.N.Y. 2006) (subjective dissatisfaction with assignments not adverse action)
- Chin v. Port Authority of N.Y. & N.J., 685 F.3d 135 (2d Cir. 2012) (pattern-or-practice proof not available to private individual plaintiffs)
- Tex. Dept. of Cmty. Affairs v. Burdine, 450 U.S. 248 (U.S. 1981) (burden-shifting framework and ultimate persuasion remains with plaintiff)