Tatas v. Ali Baba's Terrace, Inc.

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MEHMET EMIN TATAS, Plaintiff, v. ALI BABA'S TERRACE, INC., ALI RIZA DOGAN, SENOL BAKIR, and TOLGAHAN SUBAKAN, Defendants.

No. 19 Civ. 10595 (ER)

United States District Court, S.D. New York

March 31, 2022

OPINION & ORDER

Edgardo Ramos, U.S.D.J.

Mehmet Emin Tatas, proceeding pro se, brings this action against his former employer, the restaurant Ali Baba's Terrace, Inc. (“Ali Baba's”), the owner Ali Riza Dogan, and two former coworkers Senol Bakir and Tolgahan Subakan alleging, in part, discrimination and hostile work environment claims on the basis of race, national origin, and disability pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. (“Title VII”), 42 U.S.C. § 1981, the New York State Human Rights Law, NY Exec. Law § 296, et seq. (“NYSHRL”), and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107, et seq. (“NYCHRL”). The defendants now move for partial summary judgment pursuant to Federal Rule of Civil Procedure 56. Doc. 86.^[1]Specifically, the defendants move for summary judgment on (1) the Title VII claims; (2) all claims against Bakir and Subakan; (3) the discrimination claims based on Tatas' race and national origin under 42 U.S.C § 1981, the NYSHRL, and the NYCHRL; (4) the discrimination claims based on Tatas' disability under the NYSHRL and the NYCHRL; (5) the hostile work environment claims under 42 U.S.C. § 1981, the NYSHRL, and the NYCHRL; and (6) the claim for back pay damages.

For the reasons set forth below, the defendants' motion for partial summary judgment is GRANTED in part and DENIED in part.

I. FACTUAL AND PROCEDURAL BACKGROUND^[2]

A. Factual Background^[3]

i. The Parties

Tatas was born in Diyarbakir, Turkey. Doc. 93 at ¶ 25; Doc. 97 at ¶ 25. He is Kurdish. He emigrated to the United States in November 2010, and became a United States citizen on December 30, 2015. Doc. 93 at ¶¶ 26-27; Doc. 97 at ¶¶ 26-27.

Ali Baba's is a Turkish restaurant located in Manhattan. Doc. 93 at ¶ 1; Doc. 97 at ¶ 1. Dogan is the owner and President of Ali Baba's. Doc. 93 at ¶ 7; Doc. 97 at ¶ 7. The parties dispute whether Dogan, who was born in Turkey, is also Kurdish. Doc. 93 at ¶ 9; Doc. 97 at ¶ 9.^[4] Dogan asserts that he is Kurdish.

From January 2016 to May 2017, Bakir worked for Ali Baba's as the kitchen manager, and was responsible for organizing the kitchen, managing kitchen employees, and preparing orders for the customers. Doc. 93 at ¶¶ 16-17; Doc. 97 at ¶¶ 16-17; Doc. 118 at 4 n.8. Subakan worked for Ali Baba's as a chef. Doc. 93 at ¶¶ 20, 22; Doc. 97 at ¶ 20. As kitchen personnel, Bakir and Subakan did not have authority over the waiters, such as setting hours, overseeing job responsibilities, directing their daily work activities, providing discipline, hiring, firing, or other terms and conditions of employment or employment-related decisions. Doc. 93 at ¶¶ 18, 23; Doc. 97 at ¶ 13.

ii. Subakan and Tatas

Prior to Tatas' employment at Ali Baba's, Subakan and Tatas were roommates for approximately eight months. Doc. 93 at ¶ 33; Doc. 97 at ¶ 33. At some point prior to or during their time as roommates, Subakan learned that Tatas was Kurdish. The parties dispute when Subakan became aware of Tatas' Kurdish heritage and whether Subakan was bothered by the fact that Tatas was Kurdish. Doc. 93 at ¶ 34; Doc. 97 at ¶ 34.^[5]

iii. Inception of Tatas' Employment at Ali Baba's

Tatas began working at Ali Baba's as a waiter on November 15, 2011. Doc. 93 at ¶¶ 40, 50; Doc. 97 at ¶¶ 40, 50.

The parties dispute whether Dogan was aware that Tatas was Kurdish when Tatas first began working at Ali Baba's.^[6] In October 2015, Dogan lent Tatas $1, 000, so that Tatas could rent a house. Doc. 93 at ¶ 55; Doc. 97 at ¶ 55. The parties further dispute the quality of Tatas' work performance, including poor customer service skills and conflict with coworkers and managers. Doc. 93 at ¶ 56; Doc. 97 at ¶ 56. Nonetheless, Tatas got along well with Dogan until 2016. Doc. 93 at ¶ 58; Doc. 97 at ¶ 58.

iv. February 2016 Incidents

The allegedly discriminatory conduct that forms the basis of Tatas' complaint did not begin until February 2016, approximately four-and-a-half years after he began working at Ali Baba's, when Tatas alleges that the defendants became aware that he is Kurdish. Tatas alleges that in February 2016, when Subakan first began working at Ali Baba's, Subakan told Bakir that Tatas was Kurdish and a supporter of the Partiya Karkerên Kurdistanê (“PKK”).^[7] However, Subakan denies telling Bakir that Tatas was Kurdish, and Bakir denies knowing about Tatas' Kurdish descent until after Tatas was terminated.^[8] Tatas further alleges that Bakir, Subakan, and Dogan began verbally and physically assaulting him, including calling him a terrorist, when they became aware of his Kurdish heritage. Doc. 93 at ¶¶ 59-60; Doc. 97 at ¶¶ 59-60. The defendants deny that this alleged misconduct occurred.^[9]

Similarly, the parties dispute whether the following three incidents in February 2016 occurred.^[10] First, Tatas asserts that on February 16, 2016, when he went into the kitchen to get ready for evening service, Bakir called him a “Kurdo terrorist” and said that Tatas and his son Emin Tatas (“Emin”), who also worked at Ali Baba's at the time, were members of the PKK and a disgrace to Turkey. Doc. 93 at ¶ 72; Doc. 97 at ¶ 72. When Tatas told Bakir not to speak to him like that, Bakir picked up a butcher knife, repeating that Tatas was a disgrace to Turkey and a terrorist. Doc. 93 at ¶ 72; Doc. 97 at ¶ 72. Bakir also said that Tatas needed to be killed. Doc. 93 at ¶ 72; Doc. 97 at ¶ 72. Other employees intervened and stopped Bakir. Doc. 93 at ¶ 72; Doc. 97 at ¶ 72. At his deposition, Tatas acknowledged that while Bakir picked up a knife, there was a partition between the two at all times.

Second, Tatas alleges that on the same day, he reported the incident with Bakir to Dogan. Doc. 93 at ¶ 74; Doc. 97 at ¶ 74. However, Dogan did not give him an opportunity to explain, and instead told him to find another job. Doc. 93 at ¶ 75; Doc. 97 at ¶ 75. In addition, Dogan accused Tatas of insulting customers and other employees. Id. Tatas complained that Dogan was protecting the people who were racially harassing and discriminating against Tatas and his son. Id. Dogan then allegedly kicked Tatas in the groin, punched him, and spit on him. Id. Dogan also called Tatas a terrorist. Doc. 97 at ¶ 75. The co-manager Mursel Yalbuzdag and Emin intervened to separate Dogan and Tatas. Doc. 93 at ¶ 76; Doc. 97 at ¶ 76.

Third, Tatas alleges that the next day, on February 17, 2016, Dogan informed Tatas that Turkish intelligence agents were investigating whether Tatas and his son were PKK members. Doc. 93 at ¶ 82; Doc. 97 at ¶ 82. This conversation became an argument, with Dogan stopping Tatas from leaving the office and pushing him. Doc. 93 at ¶ 85; Doc. 97 at ¶ 85. Dogan then spit in Tatas' face, slapped him, and hit his back and arms with a wine bottle. Doc. 93 at ¶ 85; Doc. 97 at ¶ 85. Tatas expressed that Dogan was making life “miserable” for him. Doc. 93 at ¶ 87; Doc. 97 at ¶ 87.^[11]

v. April 14, 2016 Visit to the CCHR

Tatas went to the New York City Commission on Human Rights (“CCHR”) on April 14, 2016, to make an appointment to speak with an attorney there. Doc. 93 at ¶ 99. He received an appointment for June 2, 2016. Id. The parties dispute whether Tatas informed Dogan that he planned to go to the CCHR. Doc. 93 at ¶ 100; Doc. 97 at ¶ 100.

vi. April 21, 2016 Incident

On April 21, 2016, Tatas sent an order to the kitchen. Doc. 93 at ¶ 91; Doc. 97 at ¶ 91. The kitchen sent a runner out to Tatas twice to ask about the order. Doc. 93 at ¶ 92; Doc. 97 at ¶ 92. Tatas then went to the kitchen twice to explain the order. Id. Afterward, the kitchen sent a runner two more times. Id. Tatas reported this “harassment” to Dogan. Doc. 93 at ¶ 94; Doc. 97 at ¶ 94. Tatas explained that he could not take this conduct anymore, and that this type of behavior was happening all the time. Id.

vii. May 17, 2016 Surgical Procedure

Tatas learned that he had a basal cell carcinoma on his nose on May 2016. Doc. 93 at ¶ 104; Doc. 97 at ¶ 104. Tatas was not concerned about the diagnosis because he had spoken to his doctor and his daughter, who was studying nursing, and understood that spots like his healed at a rate of 97%. Doc. 93 at ¶ 106; Doc. 97 at ¶ 106. Tatas asserts that a week prior to his surgery, he notified Dogan of his surgical procedure and requested a week off following the surgery, a request which was denied. Doc. 93 at ¶¶ 109-10; Doc. 97 at ¶¶ 109-10.

Tatas had the surgery to remove the carcinoma on May 17, 2016. Doc 93 at ¶ 108; Doc. 97 at ¶ 108. The day after the surgery, on May 18, Tatas went to work. Doc. 93 at ¶ 112; Doc. 97 at ¶ 112. That day, Tatas had difficulty concentrating at work due to the pain, and took painkillers. Doc. 93 at ¶ 111; Doc. 97 at ¶ 111. Dogan told him that he was not happy with “the situation in [Tatas'] nose” and that Tatas should go home and return when he felt better. Doc. 93 at ¶ 112; Doc. 97 at ¶ 112. The following day, on May 19, Dogan informed Tatas that his face did not look good for the customers and that the band-aid on his face would scare people. Doc. 93 at ¶ 113; Doc. 97 at ¶ 113. Dogan again advised him to go home and come back when he felt better. Id. Tatas chose to continue to work on both days. Doc. 93 at ¶ 114; Doc. 97 at ¶ 114. On the second or third day after the surgery, Tatas informed Yalbuzdag that he was having difficulty concentrating because of the pain from the procedure, but he continued to work because he was already on the work schedule and needed the money. Doc. 93 at ¶ 115; Doc. 97 at ¶ 115. Tatas returned to the doctor approximately 10 days to...