Kantrowitz v. Uniondale Union Free Sch. Dist.

278 Ed. Law Rep. 167

822 F.Supp.2d 196

Greta KANTROWITZ, Plaintiff,

v.UNIONDALE UNION FREE SCHOOL DISTRICT, et al., Defendants.

No. 08–CV–3592 (JFB)(ETB).

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

Sept. 30, 2011.

Steven A. Morelli, Elaine R. Sammon, and Lorraine M. Ferrigno of the Law Offices of Steven A. Morelli, P.C., Garden City, NY, for Plaintiff.

Lewis R. Silverman, Rutherford & Christie, LLP, New York, NY, for Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge.

Plaintiff Greta Kantrowitz (“plaintiff” or “Kantrowitz”) commenced this action against defendants Uniondale Union Free School District (“the District”), the Board of Education of the Uniondale Union Free School District (“the Board”), Terri Mangum (“Dr. Mangum”), and William K. Lloyd (“Dr. Lloyd”) (collectively, “defendants”), alleging that defendants discriminated against her in violation of 42 U.S.C. § 1981 and § 1983, Title VII of the Civil Rights Acts of 1964 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), and the New York State Human Rights Law (“NYSHRL”) when they abolished her position as Administrative Assistant for Early Childhood and failed to re-hire her to a comparable position in the District. Defendants have moved for summary judgment on the ground that: (1) plaintiff cannot establish that defendants violated her rights under the above-cited statutes and provisions; (2) plaintiff cannot establish a Monell claim against the District; and (3) plaintiff cannot establish the requisite level of personal involvement to assert claims against Dr. Mangum and Dr. Lloyd as the individual defendants. For the reasons set forth herein, the Court denies defendants' motion for summary judgment with respect to plaintiff's race and age discrimination claims, but grants defendants' motion with respect to plaintiff's disability discrimination claim. The Court also denies defendants' motion for summary judgment on the Monell claim and on the claims against the individual defendants.

I. Background

A. Facts

The following facts are taken from the parties' depositions, declarations, exhibits and respective Local 56.1 statements of facts.¹ Upon consideration of a motion for summary judgment, the Court construes the facts in the light most favorable to the nonmoving party. See Capobianco v. City of New York, 422 F.3d 47, 50 n. 1 (2d Cir.2005).

Plaintiff is a sixty-three year old Caucasian woman who began her teaching career in 1969, when she was hired as a teacher at a private nursery school after earning her undergraduate degree in early childhood education. (Defs.' 56.1 ¶ 10, 18; Pl.'s 56.1 ¶ 4.1.) Several decades later, in 1993, plaintiff was hired as Head Teacher at the Hewlett Jewish Center, where she planned the curriculum for all three and four year olds, and the following year, in 1994, she was hired as a kindergarten teacher in the Lawrence Public School District. (Pl.'s 56.1 ¶ 4.2.) Plaintiff continued to teach kindergarten in the Lawrence Public School District from 1993 to 2000, and also served as the Principal of the summer school in that district in 1999. (Defs.' 56.1 ¶ 20.) Plaintiff holds a Bachelor of Science and a Masters Degree in early childhood education and has received a Certificate in School Administration and Supervision. (Pl.'s 56.1 ¶¶ 4.1, 4.3) Plaintiff is also certified by New York State to teach nursery school through sixth grade. (Defs.' 56.1 ¶ 17.)

In February 2000, plaintiff was appointed to a probationary position of halftime Assistant Principal and half-time Kindergarten Coordinator within the Uniondale Union Free School District. ( Id. ¶ 21.) In her position as Assistant Principal, plaintiff was responsible only for discipline at the Grand Avenue Elementary School. ( Id. ¶ 22.) In her position as Kindergarten Coordinator, plaintiff was responsible for creating and implementing the District's full-day kindergarten program, which involved transitioning nine half-day programs into twenty-four full-day kindergarten classes by September 2000. ( Id. ¶ 23; Pl.'s 56.1 ¶ 23.) Specifically, as to her responsibilities, plaintiff testified:

I did the curriculum, I planned the days, I did some ordering of equipment, I sat in on interview committees to hire teachers, I did visits to full day kindergartens with groups of teachers so they could get a model of what we were doing. I did some in-service training with those teachers.

(Kantrowitz Depo. at 25:24–26:5.) Several months later, in June 2000, plaintiff was appointed to a full-time position of Kindergarten Coordinator. (Defs.' 56.1 ¶ 24.) In this full-time position, plaintiff was tasked with “mak[ing] sure that the curriculum was being delivered properly in the 23 kindergartens that were established.” (Kantrowitz Depo. at 26:16–19.) In particular, plaintiff testified that she:

Mostly observed teachers, met with teachers. I ran in-service after school in my offices. I brought in some consultant to work with people that I felt needed some extra service and instruction in some of the things that we wanted to do. That was basically what I did. Planned staff development for that particular staff.

( Id. at 26:25–27:7.) This position was probationary, and plaintiff testified that it would take three years for her to receive tenure. ( Id. at 27:8–16.) One year later, in June 2001, plaintiff was appointed to the position of Administrative Assistant for Early Childhood for kindergarten through first grade, with a probationary period to run through February 28, 2003. (Defs.' 56.1 ¶ 25.) ² In June 2002, plaintiffs' position was expanded to also cover second grade. ( Id. ¶ 26.)

Plaintiff began having medical difficulties in the fall of 2002. Specifically, in October 2002, plaintiff was diagnosed with lung cancer, and in December 2002, plaintiff suffered a stroke. ( Id. ¶¶ 27–28.) As to her stroke, plaintiff does not have any symptoms or complications therefrom, and there is nothing she is unable to do or has difficulty doing as a result of the stroke. ( Id. ¶ 29.) As to her lung cancer, however, plaintiff had to have her lung surgically removed in January 2003, and she took disability leave in connection with this surgery from December 2002 until July 2003. ( Id. ¶ 31; Pl.'s 56.1 ¶ 33.) Nevertheless, besides running, there is nothing that plaintiff is unable to do as a result of her lung cancer, and she has never requested any accommodations from the District as a result of her lung cancer or her stroke. (Defs.' 56.1 ¶¶ 32–33.) However, plaintiff testified that a Principal from the California Avenue school, Jennifer Bumford, and an Assistant Principal from Northern Parkway, Sheila Jefferson, made comments to plaintiff the effect of “oh, you will have to go to the second floor” or “I am sorry, you are going to have to walk up stairs.” (Kantrowitz Depo. at 107:22–108:7.) Plaintiff noted that it “didn't bother [her] to walk up stairs,” and she interpreted these comments—which, according to plaintiff, were made “constantly”—to mean that others perceived her to be disabled. ( Id.)

In any event, during the time period that she was out on disability leave, plaintiff was granted tenure for her position as Administrative Assistant for Early Childhood. In fact, although the probationary period for plaintiff's position was not set to expire until February 28, 2003, plaintiff was granted tenure early for this position in December 2002. (Defs.' 56.1 ¶ 30; Defs.' Supp. 56.1 ¶ 30.1.) Plaintiff testified that she received notice of her tenure in January 2003, when she was in the hospital for her lung removal surgery. (Kantrowitz Depo. at 29:11–16.) Subsequently, according to the job description that was in effect from June 2004 until plaintiff's position was abolished, plaintiff was responsible for two dozen different tasks, including, inter alia: supervising the kindergarten, first grade, and second grade staffs; providing enrichment activities and recommending the supplies for Early Childhood grades; meeting with the five elementary school principals to discuss teacher observations, mid-year and end- of-year evaluations, and curriculum monitoring issues; attending elementary faculty meetings; and visiting the five elementary schools on a regular basis to model strategies of instruction, present new materials, and informally assess the delivery of instruction. (Defs.' 56.1 ¶ 34; Pl.'s 56.1 ¶ 34 (both citing Defs.' Ex. N).) As this description indicates, plaintiff was required to work with the Principals and Assistant Principals of the elementary schools in the District as part of her job responsibilities. (Defs.' 56.1 ¶ 35.) Plaintiff felt that she had good relationships with these Principals, but there is evidence that she sometimes had disagreements with them regarding how to approach the job and supervise teachers. ( Id. ¶ 36.)

In July 2004, Dr. William Lloyd, an African American man, became Superintendent of the District, after serving as Interim Superintendent from November 2003 until July 2004. (Defs.' 56.1 ¶ 11; Pl.'s 56.1 ¶ 11.) After his appointment as Superintendent, Dr. Lloyd, who was not familiar with plaintiff's position, met with plaintiff and asked her to describe her job to him, which plaintiff did both orally and in writing. (Defs.' 56.1 ¶ 38.) In addition, in or about 2004, Dr. Lloyd met with the principals of the elementary schools in the District, along with Maryann Llewellyn—who at the time was Assistant Superintendent for Curriculum and Instruction ³ and plaintiff's supervisor (Defs.' 56.1 ¶ 40; Kantrowitz Depo. at 35:3–36:10)—to discuss the “overall need” for plaintiff's position. (Lloyd Depo. at 38:17–40:3; 64:8–64:23.) At that time, the principals with whom Dr. Lloyd met informed him that the position was necessary. ( Id. at 64:22–23; Mangum Depo. at 32:7–9.) There is evidence in the record that some of the principals felt “uncomfortable” discussing plaintiff's position at the meeting,...