Dowdell v. University of Medicine and Dentistry

94 F.Supp.2d 527

Lloyd DOWDELL, Plaintiff, v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY, Defendant.

No. 98-5823 (JAG).

United States District Court, D. New Jersey.

April 20, 2000.

Matthew R. Grabell, Deutsch, Resnick, Green & Gramigna, Hackensack, NJ, for plaintiff.

Alex Moreau, Deputy Attorney General, Trenton, NJ, for defendant.

OPINION

GREENAWAY, District Judge.

INTRODUCTION

Defendant University of Medicine and Dentistry of New Jersey ("UMDNJ") has filed motions for dismissal and summary judgment, pursuant to Fed.R.Civ.P. 12(b)(6) and 56(c), respectively, before this Court. UMDNJ seeks dismissal of Dowdell's employment discrimination claims raised pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title VII"), and the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. ("NJLAD").¹ Title VII, as well as 28 U.S.C. §§ 1331 and 1338, confer jurisdiction upon this court. Based on the facts² and applicable law, as discussed herein, this Court grants UMDNJ's motion to dismiss.

FACTS

On May 15, 1995, defendant UMDNJ hired Dowdell, a 45 year-old African-American male, as a Federal Relations Coordinator in its Office of Government Relations ("DGR"). See Complaint at ¶ 6. ("Compl."); Compl., Ex. 1 (Equal Employment Opportunity Commission Charge of Discrimination of 11 April 1997 ("EEOC Charge")). Dowdell's tenure with UMDNJ continued through July 29, 1996. See Compl., Ex. 1.

Dowdell alleges that on numerous occasions during his period of employment his Caucasian supervisor, Russ Malloy ("Malloy"), made discriminatory comments and took discriminatory actions predicated on Dowdell's race. See id. at ¶ 6. Specifically, Dowdell asserts that "[he] was continually harassed on the basis of [his] race and treated differently for that reason alone." Dowdell Aff. at ¶ 4; See Compl. at ¶¶ 3, 6, 14, 15, 20, 21. In his complaint, Dowdell iterated detailed examples of the harassment and discrimination he suffered under Malloy. See Compl. at ¶ 6.

As one example of such harassment, "[Dowdell] was treated differently than other members of Malloy's staff.... [W]hen introducing his staff members to Congressional and political leaders, Malloy introduced Ms. Evelyn Moore, a white staff member as `[his] better half while [Dowdell] was not introduced at all." Compl. at ¶ 6(i). Dowdell alleges that Malloy warned him that African-Americans were "not worth their salt," and Dowdell should "not involve [himself] with them." Id. at ¶ 6(ii). Additionally, on those occasions when plaintiff arranged meetings between black leaders and DGR representatives, Malloy canceled the meetings, indicating that "[w]e have better things to do." Id. at ¶ 6(iii).

In September of 1995, soon after Dowdell began his employment in the DGR, he expressed an interest in attending the Million Man March in Washington, D.C. Malloy questioned Dowdell's intention and stated, "What possible benefit will come from that ... you are wasting your time. And, you should be careful. With all of you together in one place, if someone wanted to wipe you all out, it would be easy in one shot." Id. at ¶ 6(iv) (elision in original). Finally, in a later conversation regarding Dowdell's future with the DGR, Malloy advised him to apply to the Urban Planning Department, because the majority of its employees were African-American, and "[Dowdell] would be better off `with his kind.'" Id. at ¶ 6(vii).

In addition to these overt remarks, Malloy also "refused to send [Dowdell] to a mandatory supervisor's training session, until he was directed to do so by the Senior Vice President for Administration Finance." Id. at ¶ 6(v). However, on the day of the training session, Malloy summoned Dowdell into the DGR offices and forced him to miss the seminar. As a result, Malloy "delayed [Dowdell's] advancement opportunities." Id. Additionally, Malloy canceled Dowdell's annual trip to the Congressional Black Caucus Meeting. See id. at ¶ 6(vi).

"On various occasions" throughout the one year period of his employ, Dowdell complained verbally to Stanley S. Bergen ("Bergen"), President of UMDNJ, regarding Malloy's comments. Id. at ¶ 9. Dowdell notified other executives within UMDNJ as well, "including, but not limited to, Mr. Walter Pino." Id. at ¶ 10. When the circumstances became untenable, Dowdell filed a complaint with Catherine Bolder, the Affirmative Action Officer in UMDNJ's internal Equal Employment Opportunity office. See id. at ¶ 7. This July 15, 1996, internal complaint addressed "some, if not all, of Malloy's ... remarks" to plaintiff. Id. Ten days later, Dowdell sent another written complaint addressing Malloy's comments and conduct to Karen Kavanagh, UMDNJ's Vice-President of Human Resources. See id. at ¶ 8. Neither President Bergen, Pino, Bolder, nor Kavanagh "[took] any effective remedial action[, and] they did not investigate plaintiff's claims" at any time subsequent to plaintiff communicating his concerns to them. Id. at ¶ 11.

Dowdell asserts that these failures to investigate and cure "caused [him] to endure ... an increasingly hostile working environment." Id. Additionally, Dowdell contends that "[he] would have complained [on other occasions] had it not reasonably appeared to him that doing so would be ineffective because Defendant-principals condoned or were wilfully indifferent to [Malloy's] conduct." Id. at ¶ 12.

In a remarkable coincidence, Malloy happened to complete what appears to be a rather exhaustive audit of the DGR within four days of Dowdell's written complaint to Kavanagh. See Certification of Matthew R. Grabell in Support of Plaintiffs Brief in Opposition to Defendant's Motions for Dismissal and Summary Judgment ("Pl's. Cert."), Ex. A, Letter of 29 July 1996 from Russell Malloy to Lloyd Dowdell ("Malloy Letter"); Certification of Alex Moreau in Support of Defendant's Motions for Dismissal and Summary Judgment ("Def's.Cert."), Ex. 2. Malloy's comprehensive appraisal, addressing not only DGR finances but also governmental funding, led him to state:

UMDNJ has come under increasing pressure from a variety of sources to achieve significant cost reductions and maximize operating efficiencies. Reductions in State funding levels, federal cuts in Medicare, the continuing evolution of managed care in the marketplace, as well as numerous other factors have all combined to place the institution in a position where the need for reduction in staff is an unavoidable reality.

Pl's. Cert., Ex. A. The Malloy Letter concluded:

Accordingly, I regret to inform you that your current position as an Program Coordinator is being eliminated effective August 12, 1996. In lieu of the normal two (2) weeks notice provided employees in layoff situations you will be provided ten (10) days pay. Consequently, your last day of work will be Monday, July 29, 1996. This action in no way reflects upon your performance, nor upon the institution's appreciation for the contributions you have made to the development of UMDNJ as a leader in its field.

Id. (errors in original). Dowdell maintains that Malloy dismissed him in direct retaliation for his complaints regarding Malloy's discriminatory behavior and comments. See Compl. at ¶¶ 3, 12.

Following Malloy's July 29th termination of plaintiff, President "Bergen encouraged [Dowdell] to apply for various open positions [within] UMDNJ, ... assur[ing] plaintiff that he would be considered for any positions to which he applied." Id. at ¶ 19; see Dowdell Aff. at ¶ 8. Based upon President Bergen's guarantees, Dowdell subsequently applied for at least five positions within UMDNJ, including "Program Coordinator, Grant Administrator, Information Technical Specialist, Continuing Education Coordinator[,] and Program Development Specialist." Compl. at ¶ 20.

Despite President Bergen's pledges to the contrary, from Dowdell's date of termination through April 1997, UMDNJ never responded to any of these applications, nor did UMDNJ give any indication that they had been considered. See id. Plaintiff alleges that "these, and other positions remained open and ... UMDNJ continued to seek applications from non-African-American persons [having] plaintiffs qualifications," id., and "that these positions were [eventually] awarded to white individuals." Dowdell Aff. at ¶ 9.

Having never received a response to any of his numerous applications, Dowdell sent a letter to Malloy on April 7, 1997, in which he stated that "[o]n or about July 29, 1996, [Malloy and UMDNJ] advised [him] that [he] was being laid off due to financial reasons." Def's Cert., Ex. 3, Letter of 7 April 1997 from Lloyd Dowdell to Russell Malloy ("Dowdell Letter"). Dowdell informed Malloy that "it [was his] understanding that [UMDNJ] and [DGR were] no longer under the financial constraints [they were] encountering during the time [he] was laid off," that he had "been informed that many individuals laid off during the time [he] was let go [were] being called back to work," and that he had "yet to hear from [Malloy or UMDNJ] regarding an offer for [him] to come back to work." Id. Dowdell stated further that "[he] believe[d] that [his] layoff had more to do with discrimination," and he requested "a reasonable explanation" as to why UMDNJ and/or DGR could not rehire him. Id.

Following this letter, Dowdell sought redress with the Equal Employment Opportunity commission ("EEOC") and the New Jersey Division on Civil Rights ("NJDCR"), and, on April 11, 1997, he filed a formal charge of discrimination. See Compl., Ex. 1; Pl's Cert., Ex. B; Def's Cert., Ex. 4. Dowdell's EEOC Charge alleged discrimination based on race as well as retaliation. See Compl., Ex. 1; Pl's Cert., Ex. B; Def's Cert., Ex. 4. In addition, the EEOC Charge contained a space for indicating the "Latest Date Discrimination Took Place," in which Dowdell typed "07/29/96." Compl., Ex. 1. In relating the particulars of his claims, Dowdell stated:

On July 15, 1996, I filed an internal EEO complaint with ...