Garvin v. Potter

367 F.Supp.2d 548

Marshall GARVIN, Plaintiff, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant.

No. 00 Civ. 6789(JGK).

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

April 22, 2005.

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OPINION & ORDER

KOELTL, District Judge.

The plaintiff, Marshall Garvin ("Garvin"), a former postal worker, brings this action against the defendant, John E. Potter ("Potter"), Postmaster General of the United States Postal Service (the "USPS"). The amended complaint alleges sixteen causes of action against the defendant. The first, third, and fifth causes of action allege discrimination based on disability under the New York State Human Rights Law, Executive Law §§ 290 et seq. ("NYHRL"); the New York City Human Rights Law, Administrative Code of the City of New York §§ 8-101 et seq. (the "NYCHRL"), and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. (the "ADA"), respectively. The second, fourth, and sixth causes of action allege that the defendant retaliated against the plaintiff for reporting the alleged discrimination based on disability, in violation of the NYHRL, the NYCHRL, and the ADA, respectively. The seventh, ninth, and eleventh causes of action allege religious discrimination under the NYHRL, the NYCHRL, and Title VII of Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII"), respectively. The eighth, tenth, and twelfth causes of action allege that the defendant retaliated against the plaintiff for reporting the alleged religious discrimination, in violation of the NYHRL, the NYCHRL, and Title VII, respectively. The thirteenth, fourteenth, and fifteenth causes of action allege that the defendant created a hostile work environment for the plaintiff, in violation of the NYHRL, the NYCHRL, and Title VII, respectively. The sixteenth cause of action alleges breach of contract. The plaintiff also appears to allege a claim for constructive discharge as a result of alleged retaliatory harassment. (Amd.Compl., ¶ 11.)

The defendant now moves pursuant to Federal Rule of Civil Procedure 56 for summary judgment dismissing all claims against him.

I.

The standard for granting summary judgment is well established. Summary judgment may not be granted unless "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Gallo v. Prudential Residential Servs. Ltd. P'ship, 22 F.3d 1219, 1223 (2d Cir.1994). "[T]he trial court's task at the summary judgment motion stage of the litigation is carefully limited to discerning whether there are genuine issues of material fact to be tried, not to deciding them. Its duty, in short, is confined at this point to issue-finding; it does not extend to issue-resolution." Gallo, 22 F.3d at 1224. The moving party bears the initial burden of informing the district court of the basis for its motion and identifying the matter that it believes demonstrates the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The substantive law governing the case will identify those facts that are material and "only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Consol. Edison, Inc. v. Northeast Utilities, 332 F.Supp.2d 639, 642 (S.D.N.Y.2004).

Summary judgment is appropriate if it appears that the non-moving party cannot prove an element that is essential to the non-moving party's case and on which it will bear the burden of proof at trial. See Cleveland v. Policy Mgt. Sys. Corp., 526 U.S. 795, 805-06, 119 S.Ct. 1597, 143 L.Ed.2d 966 (1999); Celotex, 477 U.S at 322, 106 S.Ct. 2548; Powell v. Nat. Bd. of Med. Exam'rs, 364 F.3d 79, 84 (2d Cir.2004). In determining whether summary judgment is appropriate, a court must resolve all ambiguities and draw all reasonable inferences against the moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)); see also Gallo, 22 F.3d at 1223. Summary judgment is improper if there is any evidence in the record from any source from which a reasonable inference could be drawn in favor of the nonmoving party. See Chambers v. T.R.M. Copy Ctrs. Corp., 43 F.3d 29, 37 (2d Cir.1994). If the moving party meets its initial burden of showing a lack of a material issue of fact, the burden shifts to the nonmoving party to come forward with "specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). The nonmoving party must produce evidence in the record and "may not rely simply on conclusory statements or on contentions that the affidavits supporting the motion are not credible." Ying Jing Gan v. City of New York, 996 F.2d 522, 532 (2d Cir.1993); see also Scotto v. Almenas, 143 F.3d 105, 114-15 (2d Cir.1998); Consol. Edison, 332 F.Supp.2d at 643.

II.

The following facts are undisputed unless otherwise noted.

The plaintiff was employed by the USPS from February 18, 1967, until his retirement on February 22, 2002. (Affidavit of Marshall Garvin, sworn to Sept. 13, 2004 ("Garvin Aff."), ¶ 5.) The plaintiff was a full time route carrier for the USPS from July 1968 until retirement. (Id.) During this period, the plaintiff was stationed at the Kingsbridge Post Office in the Bronx. (Transcript of Feb. 20, 2003 deposition of Marshall Garvin ("Garvin Feb. Dep."), attached as Ex. A to the Declaration of Megan L. Brackney dated July 16, 2004 ("Brackney Decl."), at 14-15.)

The plaintiff is a Modern Orthodox Jew. (Id. at 198.) The plaintiff observes the Sabbath from Friday evening until Saturday evening in accordance with Modern Orthodox Judaism, meaning that, during this period, the plaintiff does not work or use his car, telephone, or television. (Id.; Garvin Aff., ¶ 3.) The plaintiff also observes the Jewish holidays and follows the Jewish dietary laws, which allow him to buy and eat only Kosher foods and to patronize only Kosher establishments. (Id.) Because of his religious observance, the plaintiff was not required to work on Saturdays or Jewish holidays during his employment at the USPS from February 1967 until his retirement. (Transcript of Aug. 20, 2003 deposition of Marshall Garvin ("Garvin Aug. Dep."), attached as Ex. B to Brackney Decl., at 223, 249.)

The plaintiff suffers from stacis dermatitis, or leg and ankle ulcerations, and varicose veins. (Garvin Aff., ¶ 4.) The plaintiff was first diagnosed as suffering from these conditions in July 1984. (Garvin Feb. Dep., at 78.) The plaintiff alleges that these conditions cause him severe pain and swelling, particularly during the summer, when he cannot wear support hose and a dressing wrap known as an "unna boot." (Garvin Aff., ¶ 4.) The plaintiff alleges that, during the summer, the constant walking required on his mail route, combined with the warm temperature, aggravated the swelling of his legs and caused occasional bleeding and severe pain, which slowed his work pace. (Id.) As a result of these conditions, the plaintiff's doctors instructed him to wear soft shoes or slippers and not to work over eight hours per day. (Id., ¶ 7; Transcript of Mar. 22, 2004 deposition of Marshall Garvin, ("Garvin Mar. Dep.") attached as Ex. C to Brackney Decl., at 46-47.) The plaintiff submitted doctors' notes to this effect to his supervisors and managers at the USPS, including but not limited to Sandy Simon ("Simon"), Tosha Dennis ("Dennis"), Walter Molia ("Molia"), and John Raciti ("Raciti"), requesting that he not be required to work any overtime. (Garvin Aff., ¶ 7, 8.) The plaintiff did not work any overtime hours from 1984 until his retirement. (Garvin Aug. Dep. at 374-75.)

As a mail carrier, the plaintiff generally had two direct supervisors who were supervised by the station manager. (Garvin Feb. Dep. at 19-20.) From 1997 until 2001, the plaintiff's direct supervisors included Sloane Williams ("Williams"), who supervised the plaintiff from mid-1997 through 1998, Kendra Barrett ("Barrett") and Dennis, who supervised the plaintiff from October 1998 until January 2000, Simon, who supervised the plaintiff from June 1998 until November 2001, and Molia, who supervised the plaintiff from October 1998 until December 2001. (Transcript of Mar. 18, 2004 deposition of John Raciti ("Raciti Dep."), attached as Ex. E to Brackney Decl., at 17-20; Garvin Feb. Dep. at 79-80, 85, 105-06, 116, 137, 147). Henry Reyes ("Reyes") was the Station Manager at Kingsbridge from June 1996 until June 1998. (Garvin Feb. Dep. at 20.) Raciti replaced Reyes, and served as the Station Manager from June 1998 until November 2001. (Garvin Feb. Dep. at 97.) The station manager is supervised by an area manager, who in turn is supervised by the Bronx Postmaster. (Transcript of Mar. 15, 2004 deposition of Tony Rosario ("Rosario Dep."), attached as Ex. D to Brackney Decl., at 6, 24-25.) Tony Rosario ("Rosario") has been the Bronx Postmaster since 1996. (Rosario Dep. at 6.)

The plaintiff alleges that he suffered religious discrimination and was subjected to a hostile work environment because of his religious beliefs while he was employed by the USPS. The plaintiff alleges that his supervisors and managers failed to instruct the sub-carriers who delivered mail to his route on Saturdays to deliver the full volume of mail, purposefully ensuring that the plaintiff would have to deliver an inordinately large volume of mail on Mondays as a punishment...