Tillery v. N.Y. State Office of Alcoholism

MICHELE TILLERY, Plaintiff, v. NEW YORK STATE OFFICE OF ALCOHOLISMAND SUBSTANCE ABUSE SERVICES, Defendant.

1:13-CV-1528 (LEK/DJS)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

July 5, 2017

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff Michele Tillery commenced this action against her former employer, defendant New York State Office of Alcoholism and Substance Abuse Services ("OASAS"), and several OASAS employees, Laurie Felter, Stephen Mantor, and Michael Lawler, alleging unlawful discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New York State Human Rights Law ("HRL"), N.Y. Exec. Law § 290 et seq. Dkt. No. 1 ("Complaint"); see also Dkt. No. 19 ("Amended Complaint").¹ Presently before the Court is OASAS's motion for summary judgment. Dkt. No. 88 ("Motion"); see also Dkt. Nos. 88-1 ("Blechner Affidavit"), 88-68 ("OASAS Statement of Material Facts"), 88-69 ("Memorandum"). Tillery opposed the Motion. Dkt. No. 94 ("Opposition"); see also Dkt. Nos. 91 ("TilleryResponse Statement of Material Facts"), 92 ("Tillery Affidavit"). OASAS submitted a reply. Dkt. No. 95 ("Reply"). For the reasons that follow, OASAS's Motion is granted.

II. BACKGROUND

A. Factual Background

1. The Parties

Tillery is an African American woman who lives in Poughkeepsie, New York. OASAS SMF ¶ 1; Tillery RSMF ¶ 1. In April 2004, Tillery took the New York State Department of Civil Service Facilities Planner 2 ("FP2") examination. OASAS SMF ¶ 12; Tillery RSMF ¶ 12. Later that year, she applied for an FP2 position with OASAS. OASAS SMF ¶ 17; Tillery RSMF ¶ 17.

OASAS is a state agency responsible for overseeing all substance abuse treatment providers in New York State. OASAS SMF ¶ 18; Tillery RSMF ¶ 18. It has two principal offices, one in Albany and the other in New York City, as well as field offices throughout the state. OASAS SMF ¶ 19; Tillery RSMF ¶ 19. At the times relevant to this action, OASAS employed individuals with the FP2 title in two units, the Capital Bureau and the Facilities Evaluation and Inspection Unit ("FEIU"). OASAS SMF ¶ 20; Tillery RSMF ¶ 20. The Capital Bureau was primarily responsible for "manag[ing OASAS's] capital project process," which involved "advising and assisting the provider at every stage of the development, from site selection through a certificate of occupancy," and "development and management of project budgets." OASAS SMF ¶¶ 25-26; Tillery RSMF ¶¶ 25-26. In this role, Capital Bureau personnel regularly worked with the New York State Office of General Services and the state Dormitory Authority. OASAS SMF ¶ 32; Tillery RSMF ¶ 32. Engineering and building construction experience isconsidered valuable experience for Capital Bureau job applicants. OASAS SMF ¶ 27.² FEIU performed physical plant and facility inspections of OASAS programs "to ensure continuing quality and assurance and compliance with OASAS regulations, as well as other applicable state codes and regulations." OASAS SMF ¶ 22; Tillery RSMF ¶ 22. In other words, the Capital Bureau oversaw construction and development of new OASAS projects, while FEIU inspected existing project facilities.

Tillery claims that employment in the Capital Bureau was "more prestigious and career-advancing," Tillery Counterstatement ¶ 17,³ and that FEIU employees "were given inferior assignments," id. ¶ 19.⁴ In 2006, the Capital Bureau team consisted of five employees, each ofwhom was a Caucasian man. Id. ¶ 38. At the same time, five of the seven FEIU employees were non-white. Id. ¶ 39.⁵

2. Tillery's Employment with OASAS

In late 2004, Tillery applied for a position as an FP2 in the Capital Bureau. OASAS SMF ¶ 28; Tillery RSMF ¶ 28. Felter, the Capital Bureau director, interviewed Tillery on December 3, 2004. OASAS SMF ¶ 29; Tillery RSMF ¶ 29. At the time of her application, Tillery held a Bachelor of Arts degree in Applied Mathematics and had most recently worked as a civil engineer at the New York State Department of Transportation ("DOT"). OASAS SMF ¶ 31; Tillery RSMF ¶ 31.⁶ Felter ultimately decided to hire a different candidate for the Capital Bureau position, Jeff Emad. OASAS SMF ¶ 34; Tillery RSMF ¶ 34. Emad held a Bachelor of Science in Construction Management and had worked as a construction company project manager, designed recreational facilities for the Office of Parks, Recreation & Historical Preservation, and worked for the Utica Municipal Housing Authority. OASAS SMF ¶ 35; Tillery RSMF ¶ 35. According toFelter, she decided to hire Emad instead of Tillery because he had "extensive construction experience" and was more qualified than Tillery. OASAS SMF ¶¶ 32-36.⁷

Felter encouraged Tillery to apply for an FP2 position in FEIU's Albany office, which she did. Id. ¶¶ 37, 39; Tillery RSMF ¶¶ 37, 39. FEIU hired Tillery on March 24, 2005, and she was based out of its Albany office. OASAS SMF ¶¶ 39-40; Tillery RSMF ¶¶ 39-40.⁸ Not long after she began at FEIU, Tillery requested a medical accommodation to use a personal or rental car instead of the smaller state vehicle to conduct state business. OASAS SMF ¶ 41; Tillery RSMF ¶ 41. OASAS granted the request on June 30, 2005, and reauthorized the accommodation each year Tillery worked at FEIU. OASAS SMF ¶ 42; Tillery RSMF ¶ 42.

3. OASAS Faces Budgetary Strain

In the wake of the Great Recession, OASAS, like most state agencies, faced increased pressure to cut costs and reduce waste. OASAS SMF ¶ 44.⁹ In 2008 and 2009, OASAS employees received several communications reminding them to be "meticulous" in submitting travel schedules and reimbursements and that "various reviewers" would be carefully scrutinizing travel records. Id. ¶¶ 45-46; Tillery RSMF ¶¶ 45-46. In June 2010, an audit ofOASAS expressed concerns with the office's billing and reimbursement practices, specifically highlighting unsupported travel and time reimbursements. OASAS SMF ¶ 47; Tillery RSMF ¶ 47. The audit recommended several steps to ensure that travel vouchers and reimbursements were properly calculated and supported. OASAS SMF ¶ 47; Tillery RSMF ¶ 47.

In 2011, following the audit recommendations and in light of ongoing budgetary strain, FEIU implemented several measures to reduce costs and increase efficiency. OASAS SMF ¶¶ 48-52; Tillery RSMF ¶¶ 48-52.¹⁰ Mantor, FEIU's manager, instituted a call-in policy in May 2011, which required inspectors to call in at the end of their inspections "to track efficiency of inspections." OASAS SMF ¶ 48; Tillery RSMF ¶ 48. Later that year, Mantor and Felter assigned inspectors to designated "catchment areas" in an effort to "make travel scheduling more efficient." OASAS SMF ¶ 50; Tillery RSMF ¶ 50.¹¹ Catchment areas are essentially inspection zones; each inspector was responsible for reviewing the facilities in her assigned area. OASAS SMF ¶ 51; Tillery RSMF ¶ 51. Before the introduction of catchment areas, each inspector chose her own inspection locations, which allowed inspectors to travel more far afield. OASAS SMF ¶ 52.

Tillery was assigned to the catchment area closest to her home, the Mid-Hudson region, which included Duchess, Rockland, Orange, Putnam, Sullivan, Ulster, and northern Westchester Counties. Id. ¶ 53; Tillery RSMF ¶ 53. Tillery claims that she was assigned fewer facilities thanother inspectors. Tillery RSMF ¶ 53. While other inspectors were assigned 250 facilities, Tillery says she was only assigned 151. Id. Tillery's pay was not reduced during this period, or at any point during her employment at OASAS. OASAS SMF ¶ 54; Tillery RSMF ¶ 54. Tillery claims she suffered a "constructive pay cut" because she had fewer inspection facilities and therefore had to commute to the Albany office more frequently for work. Tillery RSMF ¶ 54.

4. Issues with Tillery's Time Records

Tillery had several issues with incomplete or incorrect time records while employed at OASAS. Mantor and Felter spoke to Tillery about improperly completed time records on multiple occasions. OASAS SMF ¶ 55; Tillery RSMF ¶ 55. Mantor raised specific concerns as early as January 2008, and again in 2010. OASAS SMF ¶ 55; Tillery RSMF ¶ 55. At some point in 2011 or 2012, OASAS referred its concerns with Tillery's time records to the New York State Office of the Inspector General for investigation. Tillery Counterstatement ¶ 105.¹² No disciplinary actions were taken as a result of the Inspector General's investigation of Tillery's time records. Id. at ¶¶ 106-107.

On June 18, 2012, Tillery used a rental car to conduct her regular inspection work. OASAS SMF ¶ 59; Tillery RSMF ¶ 59. When she returned from the inspection, the rental caragency, which is approximately four miles from Tillery's home, was closed for the day. OASAS SMF ¶ 59; Tillery RSMF ¶ 59. Rather than leave the rental car at the agency using the after-hours dropbox, Tillery drove the car home and returned it the next morning on the way to work. OASAS SMF ¶¶ 59-60. She then drove from Poughkeepsie to her office in Albany and submitted time records claiming the entire trip from her home to Albany was work time because she dropped off the rental car en route. Id. ¶ 61. Because OASAS policy clearly prohibits billing regular commute time as work, and the rental agency is only four miles from her home, Mantor told Tillery that she could only submit a time record for the time it took to drive to the agency and return the car. Id. ¶ 62. Mantor said her time record for this commute should not be more than thirty minutes, and instructed her to use the after-hours dropbox when returning rental cars in the future. Id. ¶¶ 63-64.¹³ Tillery was not disciplined for submitting improper time records, nor was her salary reduced. Id. ¶¶ 56-57; Tillery RSMF ¶¶ 56-57.¹⁴

5. Tillery's Lateral Applications

Tillery applied for lateral positions within OASAS several times between 2010 and 2012. OASAS SMF ¶¶ 65-86; Tillery RSMF ¶¶ 65-86. On April 22, 2010, Tillery applied for an FP2 position in OASAS's New York City office. OASAS...