Emmons v. The City Univ. Of N.Y.

715 F.Supp.2d 394

Merlyn EMMONS, Plaintiff,

v.The CITY UNIVERSITY OF NEW YORK, The Research Foundation of the City University of New York, Medgar Evers College ¹ , Edison Jackson, Andre Lake, Sandra Smith, Hanna Guada, Paul Shorter, Evelyn Watson, Defendants.

No. 09-CV-537 (ENV)(JMA).

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

June 2, 2010.

Order Modifying Opinion July 2, 2010.

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Ugochukwu Uzoh, Ugochukwu Uzoh & Associates, Brooklyn, NY, for Plaintiff.

Roderick Leopold Arz, Office of the Attorney General of New York, New York, NY, Christopher G. Gegwich, James P. O'Brien, Jr., Forchelli Curto Deegan Schwartz Mineo Cohn & Terrana, LLP, Uniondale, NY, for Defendants.

MEMORANDUM AND ORDER

VITALIANO, District Judge.

Plaintiff Merlyn Emmons brings this action against defendants The City University of New York (“CUNY”), one of its four-year senior colleges, Medgar Evers College (“MEC”), Edison Jackson and Hannah Guada, as individual employees of MEC, The Research Foundation of the City University of New York (“RFCUNY”), and four individual employees of RFCUNY-Andre Lake, Sandra Smith, Paul Shorter and Evelyn Watson, pursuant to a plethora of federal and New York state statutes, as well as New York common law. ² Emmons's claims stem from alleged mistreatment and, ultimately, termination from her employment by “CUNY and its affiliated entities.” (Compl. ¶ 6.) Generally, she alleges that defendants unlawfully discriminated against her on the basis of her sex, disability, race, color, religion, and national origin, and retaliated against her for complaining about the discrimination.

Defendants now move to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). ³ For the reasons set forth below, the motion is granted in part.

Background

The following allegations are drawn from the text of the complaint and are considered true for the purposes of the current motion.

RFCUNY is a private, non-profit corporation that administers grant-funded programs at various educational institutions, including CUNY, a public university established by the City of New York. Emmons started working for RFCUNY in 2001 on a part-time basis at MEC. (Compl. ¶ 12.) In January 2005, she accepted a full-time position as an instructor in MEC's “Immersion” program at an annual salary of $38,000. Since plaintiff had a PhD, “her understanding at the time was that her salary would be increased,” but her requests for a pay raise were ignored “on numerous occasions.” ( Id.) Plaintiff alleges that she had an “at-will contract of employment with CUNY.” ⁴ ( Id. ¶ 93.)

In 2005, plaintiff attended MEC's annual retreat for employees and instructors. ( Id. ¶ 13.) At one event, Peter Williams, the Vice President of MEC, encouraged the instructors to explain to their students the importance of education and the potential rewards that it could yield. During his address, Williams handed out to the attendees a “scale” that indicated the amount of money that an individual could expect to earn upon attaining successive levels of education. But, after reading that a PhD recipient could expect a salary substantially higher than what she was receiving, plaintiff asked Williams how she should explain her lower salary to her students, inquired of him why her male colleagues were earning higher salaries, and indicated that defendants “were discriminating against her because of her sex.” ( Id.) In response, Williams “admonished” and “berated” her, insinuating that she should be content with the fact that she had a job. ( Id. ¶ 14.) Williams also threatened to terminate her, she claims, if she continued to insist on a higher salary. ( Id.)

Emmons alleges further that, following their confrontation, Williams began intensely monitoring and scrutinizing her actions, verbally “abus[ing]” and “harass[ing]” her in the presence of her colleagues, and telling some of her former colleagues that he didn't want her to work in his programs. ( Id. ¶ 15.) Plaintiff was also removed from a part-time teaching position.

In March 2006, Emmons fell ill and was “placed on disability” for one week by her physician. ( Id. ¶ 16.) While recovering at home, plaintiff received a phone call from her director, who informed her that she had been terminated from her full-time position because the position was no longer being funded. Following her termination, she was offered a part-time teaching position from Ella Russell, coordinator of the Adult and Continuing Education program (“ACE”) at MEC. ( Id. ¶ 17.) When plaintiff expressed interest, Russell promised to contact her with further details. However, Russell later told Emmons that Williams barred her from offering the position because he “did not want that woman to work in any of [his] programs.” ( Id.)

Plaintiff filed “numerous” complaints with Edwin Jackson, President of MEC, expressing her belief that she was subjected to discriminatory treatment and wrongfully terminated. ( Id. ¶ 18.) On June 19, 2006, Jackson directed Andre Lake to investigate plaintiff's termination. ( Id. ¶ 19.) Lake informed plaintiff that she was wrongfully terminated by Williams, and he promised to “right the wrong” by reinstating her in a new position with a higher salary. ( Id. ¶ 20.)

On August 3, 2006, Lake encouraged plaintiff to apply for a position as an education director at the Young Adult Borough Program (“YABC”). ( Id. ¶ 21.) Sandra Smith, director of YABC, offered the position to Emmons with a starting salary of $50,000, and promised to increase the salary up to $52,000 following her initial performance evaluation. ( Id.) Plaintiff accepted the position, and, on September 6, 2006, started working at YABC. ( Id. ¶ 22.) However, she claims that due to her Trinidadian “ethnicity and/or nationality,” Smith “treated [her] differently” and “discriminated against” her by poking fun at her accent, making hurtful comments, and meeting behind closed doors with some of her former colleagues to “disparage” her. ( Id.) Smith also frequently berated her, Emmons contends, over trivial issues. ( Id. ¶ 23.) For example, when plaintiff requested supplies or to adjust her schedule she was admonished, but such requests were “routinely granted” for other employees. Further, when plaintiff was hired to work at YABC, she informed defendants that she could not work on Friday nights and Saturdays due to her religious practices, but Smith required her to work during those times. ( Id. ¶ 26.) When plaintiff reminded Smith of their agreement, she was placed under heightened scrutiny, “disparaged,” and “asked ... to choose between her job and religion.” ( Id. ¶¶ 24-26.)

Despite receiving positive evaluations, and in contravention of Smith's prior promise, plaintiff's salary was later reduced. ( Id. ¶ 21.) At the same time, plaintiff's male colleague LeHendro Gadson, the employment coordinator at YABC, who allegedly had less experience and credentials than she, earned a higher salary and was twice promoted. ( Id. ¶ 25.)

On February 12, 2008, Emmons sustained serious injuries in a car accident and was granted medical leave under the FMLA. ( Id. ¶ 27.) While recovering, she received harassing and disparaging phone calls from Smith, who “mocked” plaintiff's injuries and insisted that she “get her ass back to work” or lose her job. ( Id. ¶ 28.) Emmons contacted the Client Services office at RFCUNY to complain about “Ms. Smith's incessant threats and harassment.” (Id.) On April 10, Emmons informed Smith that she was cleared to work, and planned to return on April 14. ( Id. ¶ 29.) However, on April 11, Evelyn Watson, an employee in RFCUNY Human Resources, instructed plaintiff to report to ACE instead of YABC. When plaintiff threatened legal action for discrimination, Watson promised to have Lake's chief of staff, Hannah Guada, contact her and provide her with further details. Emmons was subsequently directed by Guada to contact Smith, who informed her that she had been “loaned” to ACE. (Id.) When plaintiff reported to ACE, the director was surprised to see her and had very short notice concerning the transfer. As a result, Emmons was not provided with office space until “several days later.” ( Id. ¶ 30.)

On May 15, 2008, Watson told plaintiff to go to the New York City Department of Health and Mental Hygiene and inform them that she required fingerprinting for a new job at the Progressive Youth Empowerment program at Beacon Center ( Id. at ¶ 31.) Plaintiff also received a letter from Beacon Center's director, Paul Shorter, dated May 13, 2008, stating that she “will be employed” as education director. In a change, on May 27, Smith informed plaintiff that the position had been eliminated. ( Id. ¶ 32.)

On June 4, 2008, plaintiff received a letter from Lake stating that her employment would be terminated as of June 30, 2008 due to lack of funds. ( Id. ¶ 33.) Plaintiff filed numerous complaints seeking an answer as to why she was being “singled out,” but June 13 and June 16 emails from Guada and Smith, respectively, explained that the decision was not personal and based solely on a “job roles redesign.” ( Id. ¶¶ 34-35.) On June 30, Lake informed plaintiff that defendants were investigating her termination and that she would be contacted after the investigation. ( Id. ¶ 36.) However, Emmons claims that she was never contacted. ( Id.)

On July 22, 2008, Emmons filed a discrimination charge with the United States Equal Employment Opportunity Commission (“EEOC”), which subsequently issued a Dismissal and Notice of Rights. Plaintiff filed the instant action on February 10, 2009.

Discussion

The Court's analysis is complicated by the complaint's overbreadth and lack of clarity. Plaintiff sets forth 20 causes of action pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”); the ...