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DAVID v. NEW YORK CITY HEALTH & HOSPS. CORP.

July 21, 1986

PINKNEY N. DAVID, Plaintiff
v.
THE NEW YORK CITY HEALTH & HOSPITALS CORPORATION; JOHN RHODER, Executive Director; and THE QUEENS HOSPITAL CENTER, Defendants



The opinion of the court was delivered by: PLATT

PLATT, D. J.

INTRODUCTION

 Plaintiff, a black male and former Associate Director for Ambulatory Care Services at Queens Hospital Center, brings this action for employment discrimination under the auspices of Title VII of the Civil Rights Act, codified at 42 U.S.C. § 2000e et seq. He seeks a declaratory judgment under 28 U.S.C. § 2201, a permanent injunction restraining defendants from discriminating against him and restitution of all the rights, privileges, benefits and income that he would have received but for defendants' alleged unlawful conduct. The Court is empowered to hear this case pursuant to the jurisdictional grants of 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. § 1343(4).

 The case presents special problems in that it. started as a claim for discriminatory discharge and very recently has been "modified" to a claim for discriminatory treatment in connection with a discharge which in and of itself may have been perfectly proper. Concededly, as discussed below, plaintiff, a black male, was a temporary or provisional employee terminable at will who was discharged along with many other non-minority employees in the course of the establishment of a "new administrative team" at Queens Hospital and was replaced first by a black male and permanently by a black female. Plaintiff claims, however, that he, unlike other non-minority employees, was not offered alternative employment within the City Hospital system. The record presently before this Court is not clear whether the facts forming the basis of the present claim were ever adequately presented to or considered by the State Division of Human Rights or the Equal Employment Opportunity Commission.

 The parties will have to consider and possibly brief this question before any resolution may be had of the issues raised by this motion.

 BACKGROUND

 A. The Facts

 The events precipitating this action transpired eight years ago. From October 27, 1977 until July 14, 1978, Pinkney Davis ("Davis") served as Associate Director in charge of Ambulatory Care Services at Queens Hospital Center. During this time he was categorized as a Group II employee, meaning that his status was as a provisional or temporary employee who could be terminated at any time. Def's Rule 3(g) Stmt. at PP2-3.

 In May 1978 Dr. John Rhoder ("Rhoder") was appointed Executive Director of the Queens Hospital Center. Upon assuming command, Rhoder, according to Davis, "caused [his] immediate supervisor to commence a pattern of harassment designed to render the workplace uncomfortable and to force his ultimate resignation." Complt. at PVIII. When this tactic was unsuccessful, plaintiff alleges that Rhoder personally advised him that he was bringing in a "new administrative team" and wished to have his "own person" fill plaintiff's position. Consequently, plaintiff resigned his position effective July 14, 1978, though he now claims he was constructively discharged. Complt. at PXII. Plaintiff was not offered the opportunity, allegedly accorded other, non-minority workers who were ousted by Rhoder, to be transferred elsewhere within the system so as to preserve his employee benefits that were subject to vest within seven months. Plaintiff was temporarily replaced by a black male and permanently by a black female. Complt. at PXII.

 As a result of these events Davis claims that he

 
was forced to endure intolerable, invidious racial and sexual discrimination, forced to resign under duress without any evidence or explanation of misconduct, ineffective work performance or absence. As a direct and proximate result of defendants' further failure to permit plaintiff's transfer within the system, plaintiff forfeited substantial retirement benefits, endured great mental suffering and was denied the opportunity of advancement to higher paying positions and conditions of employment because of race, color and/or sex.

 Complt. at PXIII.

 B. Procedural Posture

 The plaintiff filed a timely complaint with the New York State Division of Human Rights which was ultimately transferred to the Equal Employment Opportunity Commission ("EEOC") for disposition. Relying on the findings of the State Division of Human Rights, the EEOC determined on or about December 27, 1983 that "reasonable cause exists to believe that defendants violated Title VII." Complt. at PII(c). On January 4, 1984 the EEOC commenced conciliation efforts which were ultimately unsuccessful and on July ...


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