Times v. Success Academy Charter Schools, Inc.
1:23-cv-03229
S.D.N.Y.Dec 6, 2024Background
- Jerald Times, an African American male, was hired by Success Academy Charter Schools as Director of Chess in January 2019 and later demoted to Chess Manager in October 2020, with a salary reduction.
- Times received negative performance reviews and was placed on a development plan for missing deadlines, inconsistent attendance, and management issues, although his accomplishments, such as curriculum development and nationwide hiring, were recognized.
- Times was terminated in November 2020 after refusing to accept his demotion and not committing to return to work under the new title.
- He sued for race discrimination, retaliation, and hostile work environment under Title VII, § 1983, the NYSHRL, and the NYCHRL, alleging differential treatment, unfair evaluations, and firing based on race and protected activity.
- Discovery concluded, with significant submissions from Times, now pro se, and defendants moved for summary judgment on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Race Discrimination (Title VII, etc.) | Negative reviews, demotion, and firing were due to race; cited comparators, general bias. | Actions taken for documented performance issues and organization-wide restructuring. | No direct or sufficient circumstantial evidence of race motive; summary judgment granted. |
| Retaliation (Title VII/NYSHRL) | Negative actions were in retaliation for supporting EEOC claims and opposing discrimination. | Plaintiff’s actions not clearly protected; no causal link between protected acts & adverse actions, except possibly Oct 22 email. | Retaliation claim for Oct 22, 2020 email survives; all other retaliation claims dismissed. |
| Hostile Work Environment | Workplace was permeated with discriminatory conduct, adverse treatment of Black staff. | No severe or pervasive conduct targeting plaintiff personally; necessary threshold not met. | Insufficient evidence for a hostile work environment; summary judgment granted. |
| Discovery/Additional Evidence | Defendants obstructed discovery; requests for more documents needed for fair claim. | All reasonable discovery provided; reopening would unfairly burden defendants. | Request to reopen discovery denied. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for employment discrimination claims)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (standard for hostile work environment claims)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (standard for retaliation claims under Title VII)
- Chin v. Port Auth. of N.Y. and N.J., 685 F.3d 135 (pattern-or-practice evidence limited to class actions)
- Littlejohn v. City of New York, 795 F.3d 297 (establishing an inference of discrimination)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standards under Rule 56)