Harrison v. Port Auth.

THERESA HARRISON, Plaintiff, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant.

17cv6281

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

March 13, 2020

MEMORANDUM & ORDER

WILLIAM H. PAULEY III, Senior United States District Judge:

Plaintiff Theresa Harrison brings this employment discrimination action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII") against Defendant the Port Authority of New York and New Jersey (the "Port Authority"). Harrison contends the Port Authority subjected her to a hostile work environment, denied her training opportunities, and wrongfully terminated her employment on account of her race, gender, and national origin. The Port Authority moves for summary judgment dismissing all claims. For the following reasons, the Port Authority's motion is granted in part and denied in part.

BACKGROUND

I. The Hiring Process

Harrison is a black woman of Jamaican descent. (Def.'s Reply Statement to Pl.'s Counter-Statement of Facts Pursuant to Rule 56.1, ECF No. 61 ("Def.'s Reply 56.1"), ¶ 141.) In August 2016, Harrison started working as a temporary operations services supervisor ("FS-3") in the Aeronautical Operations Unit of Newark Liberty International Airport ("EWR"). (Pl.'s Statement of Material Facts, ECF No. 57 ("Pl.'s 56.1"), ¶ 5.)

At some point between August 19 and August 22, 2016, Harrison reported for work and met with EWR's Deputy Chief of Operations, Cameron Boyer, and its Chief of Operations, George Martinez. According to Harrison, Boyer and Martinez asked for her resume because they believed a male candidate had been selected to fill the FS-3 vacancy. (Pl.'s 56.1 ¶ 159.) The Port Authority denies that either Boyer or Martinez stated they were expecting a male candidate. (Def.'s Reply 56.1 ¶¶ 159, 164.)

II. Harrison's FS-3 Training

FS-3s are responsible for maintaining airport safety by operating motor vehicles on or near active runways. (Pl.'s 56.1 ¶ 12.) The Port Authority mandates that all FS-3s undergo training to ensure compliance with Part 139 of the Code of Federal Regulations ("C.F.R."), which sets operational and safety standards for airports. (Pl.'s 56.1 ¶¶ 24-27.) The Port Authority's C.F.R. Part 139 training begins with "kiosk training" and "DR1 training." (Pl.'s 56.1 ¶¶ 29-30.) Once completed, FS-3 trainees enter "DR2 training," where they learn to safely operate a motor vehicle around the airport over a four-to-six-week period. (Pl.'s 56.1 ¶¶ 31-33.) DR2 training is comprised of: classroom training; an airfield tour; on-the-job training for a minimum of four weeks, during which the trainee is accompanied by a DR2-certified employee when driving on the airfield; a written test; an airfield map evaluation; and two "check rides" (one during the day and another at night). (Pl.'s 56.1 ¶ 33.) FS-3 trainees must also complete wildlife hazard management training, which includes firearms and pyrotechnics training. (Pl.'s 56.1 ¶ 40.) On completion of the required training, an FS-3 is qualified to operate a vehicle on the airfield. (Pl.'s 56.1 ¶ 41.) The Port Authority offers qualified FS-3s additional education opportunities based on seniority, including an "AAAE class" that provides case studies onmanaging airfields in accord with Federal Aviation Administration regulations. (Pl.'s 56.1 ¶ 42.) FS-3s are not required to take the AAAE class. (Pl.'s 56.1 ¶ 42.)

By August 29, 2016, Harrison completed kiosk training, DR1 training, and the DR2 classroom training and airfield tour. She then commenced her on-the-job DR2 training. (Pl.'s 56.1 ¶¶ 72-74.) Over the next several weeks, however, the certified employees who conducted Harrison's on-the-job training observed and reported deficiencies in her progress. On September 9, 2016, one of Harrison's trainers informed Boyer and Martinez that Harrison was "unaware of surrounding aircraft[]," "unable to identify various taxiways," and "often fail[ed] to . . . recognize the location of aircraft[]." (Pl.'s 56.1 ¶ 76.) One week later, that same trainer observed that Harrison's "radio transmissions ha[d] improved but [she] still show[ed] some nervousness" and "ha[d] some difficulty traveling in the taxiway system and paying attention to the radio and recognizing location of aircraft[]." (Pl.'s 56.1 ¶ 77.) On September 22, 2016, a different trainer emailed Boyer and Martinez stating, in part, that Harrison struggled with her situational awareness. (Pl.'s 56.1 ¶ 78.) And two days later, a third trainer informed Martinez that Harrison needed to improve her situational awareness, especially at night. (Pl.'s 56.1 ¶ 79.)

Despite these difficulties, on September 27, 2016, Martinez added Harrison's name to a list of employees eligible for the AAAE class being offered in mid-October. (Pl.'s 56.1 ¶ 80.) But Harrison's training woes continued. On October 3, 2016, one of Harrison's trainers informed Boyer and Martinez that she "still ha[d] some difficulty traveling in the taxiway system and paying attention to the radio, and recognizing the location of aircraft[]." (Pl.'s 56.1 ¶ 81.) Two days later, Boyer administered a "pre-check" ride to Harrison, during which she allegedly struggled to identify taxiways and types of aircraft. (Pl.'s 56.1 ¶ 84; Decl. of Cheryl Alterman in Supp. of Mot. for Summ. J., ECF No. 49 ("Alterman Decl."), Exs. WW,XX.) That same day, Boyer also administered a practice map test on which Harrison allegedly failed to identify at least three taxiways. (Alterman Decl., Ex. NN ¶ 36.) Boyer graded the map test using a game of "hangman." That is, he drew different pieces of the hangman to denote incorrect answers on the map. (Pl.'s 56.1 ¶ 101; Alterman Decl., Ex. III.) The Port Authority used the game to grade its employees' map tests at EWR both before and during Harrison's employment. (Pl.'s 56.1 ¶ 101.)

On October 14, 2016, the Port Authority initiated internal discussions about terminating Harrison's employment. (Pl.'s 56.1 ¶ 88.) And on October 17, 2016, EWR's Operations Manager, James Munday, directed EWR's Senior Business Manager, Lorraine Monetti, to remove Harrison's name from the list of AAAE class attendees. (Pl.'s 56.1 ¶ 90; Alterman Decl., Ex. AAA.) Munday also directed Monetti to add Andrew Sewell—a black male FS-3 hired only three days earlier—to the AAAE list. (Pl.'s 56.1 ¶ 90; Alterman Decl., Ex. AAA.; Def.'s Reply 56.1 ¶ 256.) According to the Port Authority, these decisions flowed from Harrison's insufficient progress after nearly seven weeks of on-the-job DR2 training. (See Def.'s Statement of Undisputed Facts Pursuant to Rule 56.1, ECF No. 48 ("Def.'s 56.1"), ¶ 89.) Harrison, however, claims that emails exchanged between Munday and other Port Authority employees in mid-October 2016 evince discriminatory animus. (See Pl.'s 56.1 ¶¶ 258-64.) These emails indicate that some Port Authority employees felt uncomfortable removing Harrison from the AAAE class and terminating her employment. One employee suggested that the Port Authority "should be showing that [it] did EVERYTHING to help [its] employees['] success" and that "[w]ashing some one [sic] out this early without providing 139 training as we are to others with less time is problematic." (Decl. of Lisa Alexis Jones, ECF No. 58 ("Jones Decl."), Ex. 13). Another employee wondered whether "it ever occurred where [the Port Authority]extended the training period for a new hire beyond the typical[] 4 to 6 weeks." (Jones Decl., Ex. 14). In light of these concerns, the Port Authority did not terminate Harrison in October 2016. But the Port Authority adhered to its decision to not allow Harrison to attend the AAAE class. (Pl.'s 56.1 ¶¶ 90-91.)

Harrison continued her training, and on November 2 and 3, 2016, she passed her DR2 check rides. (Pl.'s 56.1 ¶¶ 93, 95.) Thus, as of November 3, 2016, Harrison was a DR2-certified driver and qualified to complete all of her responsibilities as an FS-3 at EWR.¹ (Pl.'s 56.1 ¶ 96.)

III. The Camera Incident

After receiving her DR2 certification, Harrison brought her camera to work to assist in preparing required reports. (Def.'s Reply 56.1 ¶ 288.) Harrison's supervisor, Marcus Stanford, reprimanded Harrison for using her camera instead of a Port Authority-issued camera. (Def.'s Reply 56.1 ¶ 289.) According to Harrison, Stanford asked Harrison whether she felt harassed by his rebuke and noted that women are "notorious" for complaining about harassment. (Pl.'s 56.1 ¶ 292.) The Port Authority admits that Stanford instructed Harrison to use a Port Authority-issued camera, but it denies that Stanford made any statements about harassment. (Def.'s Reply, ¶¶ 289, 292-94.)

IV. The Runway Incursion, Harrison's Termination, and Sewell's Incursion

On the morning of December 22, 2016, Harrison drove EWR's wildlife patrol truck onto the airfield to conduct routine wildlife patrol. (Pl.'s 56.1 ¶ 114.) At roughly 7:07 a.m., an alarm sounded indicating an unauthorized incursion on an active runway. (Pl.'s 56.1 ¶ 120.) Because of the incursion, an aircraft aborted its landing to avoid a collision with theincurring vehicle. (Pl.'s 56.1 ¶ 124.) The Port Authority investigated and—based on radar, video footage, and eyewitness accounts—concluded that Harrison committed the incursion while driving the wildlife patrol truck. (Pl.'s 56.1 ¶¶ 132, 138.) The Port Authority terminated Harrison's employment the following day. (Pl.'s 56.1 ¶ 138.) Although the Port Authority contends it terminated Harrison because of the incursion and her earlier training deficiencies, she maintains the Port Authority's investigation was rushed and that the true reason for her termination was unlawful discrimination. (Pl.'s 56.1 ¶¶ 138-39.) Indeed, Harrison claims it is unclear whether she committed the runway incursion given the presence of other vehicles on the airfield that morning. (Pl.'s 56.1 ¶ 132.)

Notably, in February 2017, Sewell committed a runway incursion when escorting a team of snow removal vehicles across the airfield...