Butler v. St. Stanislaus Kostka Catholic Academy

609 F.Supp.3d 184

Cody BUTLER, Plaintiff,

v.ST. STANISLAUS KOSTKA CATHOLIC ACADEMY and the Diocese of Brooklyn, Defendants.

19-CV-3574(EK)(ST)

United States District Court, E.D. New York.

Signed June 27, 2022

Aliaksandra Ramanenka, Amy Biegelsen, Eliana Theodorou, Kathleen Willert Peratis, Outten & Golden LLP, New York, NY, for Plaintiff.

Marissa Parker, Stradley Ronon Stevens & Young, Philadelphia, PA, Mark E. Chopko, Stradley Ronon Stevens & Young, Washington, DC, Richard John Cea, Wingate, Kearney & Cullen, LLP, New York, NY, for Defendants.

MEMORANDUM & ORDER

ERIC KOMITEE, United States District Judge:

This employment dispute arises from the termination of a teacher by a Catholic school — the St. Stanislaus Kostka Catholic Academy in Queens, which Plaintiff and Defendants’ employees refer to as "St. Stans." Plaintiff Cody Butler claims that St. Stans fired him on account of his sexual orientation. He brings suit against the school and the Diocese that oversees it pursuant to Title VII and analogous New York State and City laws, and also seeks unpaid wages under the New York Labor Law. Both parties move for summary judgment: Butler with respect to certain of St. Stans’ affirmative defenses, and St. Stans on all of Butler's claims. For the reasons set out below, I grant St. Stans’ motion for summary judgment and deny Butler's motion.

I. Background

The following facts are drawn from the parties’ Local Rule 56.1 statements, along with the deposition transcripts and other documentary materials they submitted. Because I grant St. Stans’ motion for summary judgment (and deny Butler's), I construe the evidence in the light most favorable to Butler, the non-movant in the prevailing motion.

St. Stans’ stated mission is to, among other things, provide a "nurturing environment that emphasizes Catholic values" as well as "the beauty of diversity and love of God, others and life-long learning." Pl.’s Responses to Defs.’ Local Rule 56.1 Statement of Undisputed Material Facts in Supp. of Their Mot. for Summ. J. ("Pl.’s Rule 56.1 Responses") ¶ 6, ECF No. 58-1. The school is managed by a "Board of Members," all of whom are appointed by the Bishop of the Diocese; most of them are religious clergy. Id. ¶¶ 8-9.

In August 2015, Butler applied to teach two subjects at St. Stans: English Language Arts and Social Studies. Pl.’s Rule 56.1 Responses ¶ 68. Butler's resume showed fourteen years of Catholic education, including at Catholic elementary and high schools. Defs.’ Mot. for Summ. J. ("Defs.’ Mot.") Ex. 24, ECF No. 57-7. Butler submitted his application under a cover letter stating that the position would be "a way of enacting my faith, to teach in a Catholic setting." Id. ; see also id. (Butler explains his desire to "teach in a place where I can integrate contemporary pedagogical methods with the universal and eternal values we are raised with in the Catholic faith"). St. Stans treated Butler's experience in the Catholic school system as important in the hiring process. Pl.’s Rule 56.1 Responses ¶ 75.

St. Stans interviewed Butler that month; the school subsequently offered him the position for the 2015-2016 school year. Id. ¶¶ 77–78. Butler signed a Contract of Employment requiring him to, among other things, "exemplify by [his] public conduct Catholic Doctrine and Morality," serve as "a role model of the Catholic Faith," and "includ[e] the Church's teachings within" the subject matter of his lessons. Defs.’ Mot. Ex. 15, at 2, ECF No. 57-5. And he received the Academy Teacher Personnel Handbook (the "Handbook"), sent to all new hires, which stated that teachers must "embrac[e] the ministry" and could be terminated if they violated "the tenets of Catholic morality or teaching contrary to Catholic doctrine." Defs.’ Mot. Ex. 16, at 10, 62, ECF No. 57-6.¹

Deposition testimony also made clear that St. Stans expected its teachers to fulfill several religious obligations. This testimony primarily came from Dr. Thomas Chadzutko, the Superintendent of Catholic School Support Services at the Brooklyn Diocese, and Christina Cieloszczyk, St. Stans’ principal. Among other things, Superintendent Chadzutko testified that teachers may not publicly challenge church doctrine and must "defend[ ] [its] values and virtues." Defs.’ Mot. Ex. 2 ("Chadzutko Dep. Tr."), at 163:14-25, 175:8-13, ECF No. 57-4. And Principal Cieloszczyk testified that teachers were expected to "incorporate" Catholic values into their classroom lessons, even in non-religious classes (Butler disputes this statement). Defs.’ Mot. Ex. 1 ("Cieloszczyk Dep. Tr."), at 26:9-19, 29:18-31:7, ECF No. 69-1.²

On September 1, Butler attended a "New Teacher Orientation Program" at St. Stans along with the other first-year teachers. Pl.’s Rule 56.1 Responses ¶ 258. The orientation emphasized the importance of the gospel and catechism, among other things. Id. ¶ 96; Defs.’ Mot. Ex. 20, at 120, 122–23, 132, ECF No. 57-6 (slides entitled "What is Catechesis?", "Who is a Catechist?", "Why Catechesis?", and "Every Teacher is a Religion Teacher").³ Butler does not allege that any explicit discussion of homosexuality transpired during the orientation.

The day after orientation, and just days before the school year was set to begin, Butler sent Principal Cieloszczyk an email expressing reservations about his new role. Butler wrote:

After attending the first day of orientation, I am concerned about my position within the diocese and school. The tones of the speakers were strident at times and I cannot tell if I would be accepted. I am homosexual and plan on marrying my boyfriend eventually, and after being told all day that I have to live church doctrine I feel wounded and unwanted.

I want to teach the kids at St. Stan's [sic] more than anything, but I put the decision in your hands now rather than at some point down the line. Would I still be a welcome member of the St. Stan's community?

Defs.’ Mot. Ex. 27, at 44, ECF No. 57-7.

Principal Cieloszczyk forwarded Butler's email to Dr. Chadzutko and asked for advice. Pl.’s Rule 56.1 Responses ¶ 106. She testified later that she escalated the email because Butler's stated intent to marry his boyfriend "does not coincide with our Catholic morals and values." Id. ¶ 107; Defs.’ Mot. Ex. 1, at 68:17-23, ECF No. 57-1. At the time, and to this day, Catholic doctrine held that marriage is only between a man and a woman, and the Church lacks "the power to give the blessing to unions of persons of the same sex." Pl.’s Rule 56.1 Responses ¶ 108 ("The Catholic Church teaches that marriage is only between a man and a woman."); see also Offices of the Congregation for the Doctrine of the Faith, Responsum of the Congregation for the Doctrine of the Faith to a Dubium Regarding the Blessing of the Unions of Persons of the Same Sex (March 15, 2021).⁴

The next day, Principal Cieloszczyk sent Butler a termination letter (which was returned as undeliverable). Pl.’s Rule 56.1 Responses ¶¶ 119-20. When Butler arrived at the school on September 8, Principal Cieloszczyk gave Butler a copy of the letter, which was dated September 3. Id. ¶¶ 124-25. The letter stated that "we cannot enter into a contract for employment with you as a teacher in this Catholic institution due to the violation of the Catholic faith and morals of our school." Id. ¶ 119.

Given that the school year was to start shortly thereafter, St. Stans embarked on a rapid interview process to replace Butler. Id. ¶ 130; Cieloszczyk Dep. Tr. 32:17-19. The school wound up hiring a new teacher, Amanda Puglionisi, who served for only one year. Pl.’s Rule 56.1 Responses ¶ 130; Pl.’s Mot. Ex. N. ("Puglionisi Dep. Tr.") 11:21, ECF No. 60-17. Butler deposed Ms. Puglionisi in this case and relies heavily on her testimony that during this period, she did not include religious material in her classroom teaching. See Mem. of Law in Supp. of Pl.’s Mot. for Partial Summ. J. ("Pl.’s Mot.") 4–8, 11–12, ECF No. 60-1. As discussed below, however, Ms. Puglionisi did acknowledge that, among other things, she accompanied her students to and from morning prayer every day, attended Mass with them "around the major holidays," and attended confirmation ceremonies. See Pl.’s Rule 56.1 Responses ¶¶ 14-15, 133, 136, 198; see also Cieloszczyk Dep. Tr. 27:9-12 (noting that teachers and students "pray together as a school down in the auditorium" each morning and that "[t]eachers are then expected to lead prayer before lunch and lead prayer before the end of the day.").

In April 2016, Butler filed a discrimination claim with the New York City Commission on Human Rights ("NYCCHR"). Verified Complaint to the NYCCHR, ECF No. 60-40. In its position statement before the NYCCHR, St. Stans took the position (as it does here) that the termination was predicated on Butler's statement of intended conduct, rather than his sexuality itself. The school asserted that Butler's "choice to marry another man is a clear and obvious violation of Church teachings," and that "[i]f [Butler] was living a celibate life[,] his sexual orientation would be meaningless absent more actions on his part." Pl.’s Mot. Ex. E ¶¶ 40-41, ECF No. 60-8. Butler commenced this action in June 2019.

II. Legal Standards

Summary judgment is appropriate when the record demonstrates that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed R. Civ. P. 56(a). "A fact is material for these purposes if it might affect the outcome of the suit under the governing law. An issue of fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Lovejoy–Wilson v. NOCO Motor Fuel, Inc. , 263 F.3d 208, 212 (2d Cir. 2001).⁵

The moving party has the burden of demonstrating the absence of a dispute of material fact. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If the movant carries its burden, "the nonmoving party must come forward with admissible evidence...