Leftridge v. N.Y.C. Dep't of Educ.

JOHN K. LEFTRIDGE, Plaintiff, v. NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Defendants.

17cv7027

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

March 30, 2020

OPINION & ORDER

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

Pro se Plaintiff John K. Leftridge, a former New York City schoolteacher, brings this employment discrimination action against the New York City Department of Education (the "DOE"), Sandra Philip, and Janiece Bailey (together, "Defendants") claiming violations under Title VII of the Civil Rights Act of 1964 ("Title VII"), the Rehabilitation Act of 1973 ("Rehabilitation Act"), the Americans with Disabilities Act of 1990 ("ADA"), the Family and Medical Leave Act of 1993 ("FMLA"), the New York State Human Rights Law ("NYSHRL"), and the New York City Human Rights Law ("NYCHRL"). Leftridge claims, inter alia, that Defendants unlawfully terminated his employment on the basis of gender and disability, retaliated against him for his discrimination complaints, and failed to provide accommodations and medical leave benefits. Defendants move for summary judgment dismissing all claims. For the reasons that follow, Defendants' motion is granted and this action is dismissed.

BACKGROUND

I. Employment with the DOE

In 2002, the DOE employed Leftridge as a schoolteacher at P.S. 146 in Manhattan. (Pl.'s Resp. to Defs.' Local Rule 56.1 Statement of Undisputed Material Facts, ECF No. 85 ("Pl.'s 56.1"), ¶ 2.) Leftridge was certified to teach pre-kindergarten through sixth-grade. (Pl.'s 56.1 ¶ 3.) In 2003, Leftridge transferred to P.S. 93 in Brooklyn where he began teaching physical education. (Pl.'s 56.1 ¶¶ 4-5.) He continued as a physical education teacher until 2013. (Pl.'s 56.1 ¶ 5.)

In 2009, Sandra Philip became principal of P.S. 93, and in 2010, Janiece Bailey was named assistant principal. (Pl.'s 56.1 ¶¶ 7, 9.) At the end of the school year in 2013, Philip assigned Leftridge to teach a third-grade class the following year. (Pl.'s 56.1 ¶ 11.) In November 2013, following an incident in which one of Leftridge's students left the building during the school day, the DOE reassigned Leftridge to a non-teaching position at P.S. 3 in Brooklyn. (Pl.'s 56.1 ¶ 12.) In March 2014, the DOE served disciplinary charges pursuant to New York Education Law Section 3020-a ("§ 3020-a") on Leftridge stemming from the November 2013 incident. (Pl.'s 56.1 ¶¶ 13-14.) Following a hearing, Leftridge was found not guilty and the charges were dismissed in August 2014. (Pl.'s 56.1 ¶ 15.)

II. 2014-15 Classroom Observations and "Leftridge I" Lawsuit

The DOE assigned Leftridge to teach a fifth-grade class at P.S. 93 for the 2014-15 school year. (Pl.'s 56.1 ¶¶ 16-18.) During that school year, teachers were evaluated using the "Advance Guide for Educators" framework. (Pl.'s 56.1 ¶ 26; Decl. of Alana R. Mildner in Supp. of Defs.' Mot. for Summ. J., ECF No. 75 ("Mildner Decl."), Ex. F.) As part of the Annual Professional Performance Review ("APPR"), teachers were given a Measures of Teacher Practice ("MOTP") score generated by administrators following classroom observations. (Pl.'s 56.1 ¶ 27.)

Leftridge was evaluated six times during the 2014-15 school year and eachobservation and post-observation conference followed a similar pattern. For example, Philip observed Leftridge's classroom on October 31, 2014 and noted, among other things, that he "did not correct errors made by students," that his lesson lacked a "clearly defined structure," and that his "[f]eedback was of poor quality." (Pl.'s 56.1 ¶ 28; MildnerDecl., Ex. G, at D000395-97.) During the post-observation conference on November 3, 2014, Philip provided Leftridge with written recommendations for improvement. (Pl.'s 56.1 ¶ 28.) Subsequently, Philip observed Leftridge's classroom and made evaluations on March 12 and April 23, 2015.¹ (Pl.'s 56.1 ¶¶ 30, 34.) Bailey conducted observations and evaluations of Leftridge on January 9, March 31, and June 22, 2015. (Pl.'s 56.1 ¶¶ 29, 31, 37.) Leftridge argues that all of these evaluations were unfair because he was assigned a class with difficult students and spent a significant amount of time dealing with behavioral issues. (Pl.'s 56.1 ¶¶ 28-31, 34, 37.) Leftridge received an "Ineffective" APPR rating for the 2014-15 school year. (Pl.'s 56.1 ¶ 39.)

On April 24, 2015, following his receipt of a right to sue letter from the U.S. Equal Employment Opportunity Commission ("EEOC"), Leftridge filed a civil action against Defendants DOE and Philip pursuant to Title VII. (Pl.'s 56.1 ¶ 23; John Leftridge v. N.Y.C. Dep't. of Educ., 15-cv-03460 ("Leftridge I"). ECF No. 2).) In July 2015, he amended his complaint to include claims of race, gender, and disability discrimination, as well as failure to accommodate and retaliation claims, under Title VII and the NYCHRL. (Mildner Decl., Ex. D.)

III. 2015-16 Classroom Observations, Injury, and Disability Benefits

While his lawsuit was pending, Philip assigned Leftridge to teach a third-gradeclass for the 2015-16 school year.² (Pl.'s 56.1 ¶ 41.) On October 7, 2015, Bailey observed Leftridge and noted that his students were not intellectually engaged in the lesson. (Pl.'s 56.1 ¶ 43.) Bailey provided a lesson planning template to Leftridge and gave him additional advice. (Pl.'s 56.1 ¶ 43.) Leftridge claims that administrators, like Bailey, observe teachers early in the year to "retaliate and control" them. (Pl.'s 56.1 ¶ 43.) In mid-October 2015, a DOE peer evaluator, Patricia Hanley, observed Leftridge's classroom and noted that he was uneven in responding to student misbehavior. (Pl.'s 56.1 ¶ 44.) On November 17, 2015, Bailey observed Leftridge again and noted that he did little to wake a sleeping student, and students commented Leftridge was re-teaching the same lesson from earlier in the day and using a worksheet in class that was meant to be homework. (Pl.'s 56.1 ¶ 45.)

On November 20, 2015, Leftridge tripped in the classroom and was transported via emergency medical services to Kings County Hospital. (Pl.'s 56.1 ¶¶ 46-47.) Leftridge did not return to work until February 2017. (Pl's 56.1 ¶ 48.) While on leave, he used a combination of line of duty injury ("LODI") leave, FMLA leave, time from his leave balance, and restoration of health leave. (Pl.'s 56.1 ¶ 49.) The DOE only granted Leftridge LODI leave from November 20 through December 21, 2015. (Pl.'s 56.1 ¶ 58.) In 2016, Leftridge challenged that determination. (Pl.'s 56.1 ¶ 59.) DOE offered to settle by paying LODI benefits to Leftridge through April 2016. (Pl.'s 56.1 ¶ 60.) Leftridge declined that offer and a medical arbitration was scheduled for the autumn of 2018. (Pl.'s 56.1 ¶ 61.) Ultimately, Leftridge failed to appear for that arbitration. (Pl.'s 56.1 ¶ 62.)

Leftridge also applied for disability benefits from his union, the United Federation of Teachers Welfare Fund ("UFT"). (Pl.'s 56.1 ¶ 63.) In August 2016, Leftridge met withPhilip, and when she declined to sign the UFT paperwork, he filed a grievance. (Pl.'s 56.1 ¶¶ 64-65.) In October 2016, Philip signed the paperwork, thereby mooting the issue. (Pl.'s 56.1 ¶65.)

IV. Leftridge I Settles

Meanwhile, in April 2016, Leftridge, the DOE, and Philip settled Leftridge I. (Pl.'s 56.1 ¶ 24; Leftridge I, ECF No. 37.) The Agreement of Settlement and Dismissal ("Settlement Agreement") included a Stipulation of Dismissal with Prejudice and a General Release and Waiver ("General Release"). (Mildner Decl., Ex. E.) The City of New York (the "City"), among other things, agreed to pay Leftridge $5,000. (Settlement Agreement, at 2, 10.)³ In the General Release, Leftridge waived and released the DOE, Philip, and:

all past and present officials, employees, representatives, trustees and agents of the City of New York and DOE . . . (collectively, "Released Parties"), from any and all claims, liabilities or causes of action which were or could have been asserted by [Leftridge] against any of the Released Parties based upon anything that has happened up to now and including the date of the execution of this General Release, including, but not limited to (i) any and all liability, claims or rights of action which were or could have been alleged by [Leftridge] in the above-referenced action arising out of these events alleged in the complaint in this action, including, but not limited to, all claims for attorneys' fees and costs; and (ii) any and all other liability, claims or rights of action that may exist or arise up to any including the date that this General Release is signed, with the exception of the two potential claims specified immediately below.

(Settlement Agreement, at 10.) The "two potential claims" excluded from the release claims pending before the New York State Public Employment Relations Board (Case No. U-34579) and any notices of claim filed with the Comptroller of the City of New York as of March 2, 2016 (except Claim No. 2015PI005589). (Settlement Agreement, at 10.)

Additionally, in accord with the Older Workers Benefit Protection Act ("OWBPA"), 29 U.S.C. § 626, Leftridge acknowledged that:

(i) he has carefully read this [Settlement] Agreement and associated documents, including the General Release, and that he enters this [Settlement] Agreement voluntarily and with full understanding and knowledge of its consequences; (ii) he has been advised to consult with an attorney before executing this [Settlement] Agreement and has done so; (iii) the payment and action described constitutes good and valuable consideration and is in addition to anything of value to which he was already entitled had he not signed this settlement agreement; (iv) he has been provided with at least a twenty-one (21) day period to review and consider whether to sign this [Settlement] Agreement; and (v) he has been advised that he has seven (7) days following his execution to revoke it (the "Revocation Period").

(Settlement Agreement, at 4.) Leftridge executed the Settlement Agreement on March 30, 2016 and an ...