The opinion of the court was delivered by: Sweet, District Judge.
Plaintiff Mildred W. Williams ("Williams") moves to file a
second amended complaint ("Second Amended Complaint") pursuant
to Rule 15(a), Fed.R.Civ.P. Defendant Chase Manhattan Bank
("Chase") moves to dismiss the complaint pursuant to Rule
12(b)(6), Fed.R.Civ.P. For the reasons set forth below,
Williams' motion to amend her complaint for a second time is
granted, and defendant's motion to dismiss is granted in part
and denied in part.
Williams is a black female who began employment with Chase,
in January, 1969 as a teller. In 1979 Williams was promoted to
the position of assistant manager ("Assistant Manager").
Williams left Chase on February 4, 1987.
Chase is a New York corporation with its principal offices at
One Chase Manhattan Plaza, New York, New York, and is engaged
through many branch offices in the general field of banking.
Williams filed this federal court action pursuant to the
Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981 ("1981")
and the New York State Human Rights Law, Executive Law § 296 et
seq. on July 7, 1987. Williams bases these claims on the same
set of facts and events. On January 23, 1989 Williams filed an
Amended Complaint with Chase's consent. On June 22, 1989, Chase
filed this motion to dismiss for failure to state a claim upon
which relief can be granted, Fed.R.Civ.P. 12(b)(6), on June 22,
1989 and on August 17, 1989 Williams filed a Second Amended
Complaint. Oral arguments were heard on these motions on
October 20, 1989 and considered fully submitted as of that
This lawsuit concerns a series of events alleged to have
taken place over a three-year period beginning 1983 and ending
on February 4, 1987 when Williams left Chase. Williams contends
that while employed in various positions with Chase, because of
her race, she was subjected to discriminatory treatment. This
discrimination included denial of promotions and harassment in
her employment conditions.
Williams became an Assistant Manager in February, 1978; she
managed Branch # 238 as an assistant during 1982 and 1983 for
about fifteen months. Williams alleges that, contrary to
Chase's policy and practice, she was not promoted to the
position of branch manager ("Branch Manager") and that she was
not compensated appropriately for her managerial duties.
In 1983, Williams was interviewed by George Witt for the
position of Second-in-Charge of Branch # 230. Witt allegedly
promised Williams that she would be promoted to assistant
treasurer ("Assistant Treasurer"), a position which would have
made her an officer of the bank at that particular branch.
Following this interview, Williams' supervisors, Agatha Kimmel,
Branch Manager, and Richard Eiter, Zone Manager, harassed,
criticized and ultimately prevented Williams' promised
promotion. Kimmel and Eiter transferred Williams to Branch #
013 in February of 1984.
Thereafter, Williams' new supervisors, Anita D'Angelo and
Frank Mangini allegedly favored white employees over Williams
for promotions. Williams requested a promotion to Assistant
Treasurer at Branch # 013, but she was passed over for three
white males who were allegedly less qualified than Williams.
Williams was also denied a promotion to Assistant Treasurer at
other branch offices to which she applied.
In October, 1986, Williams was disciplined when Branch # 013
lost funds due to a series of forgeries. D'Angelo and another
of Williams' supervisors, William Bergen, informed Williams
that her salary and bonuses would be frozen for over three
years. Williams alleges that this disciplinary action was
baseless and discriminatorily issued. Williams left Chase on
February 4, 1987.
Williams alleges that she has been subjected to
discriminatory treatment in violation of § 1981. To support
these allegations and to provide a cognizable claim, Williams
moves to amend her complaint for a ...