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FRANCESCHI v. EDO CORP.

February 27, 1990

PETER FRANCESCHI, PLAINTIFF,
v.
EDO CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Platt, Chief Judge.

MEMORANDUM AND ORDER

Defendant moves for partial summary judgment pursuant to Federal Rule Civil Procedure 56. Defendant maintains that in light of the recent Supreme Court decision Patterson v. McLean Credit Union, ___ U.S. ___, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), plaintiff's claims asserted under 42 U.S.C. § 1981 are not actionable and defendant is entitled to judgment dismissing plaintiff's § 1981 claims as a matter of law.

BACKGROUND

Plaintiff was employed by defendant as a senior tool engineer from October 1, 1979 to May 13, 1985.

In June, 1980 plaintiff suffered a work related injury to his left elbow which was exaccerbated by working at a drafting table. On June 30, 1980, plaintiff requested a transfer/promotion. This request was denied.

From October, 1981 until August, 1983 plaintiff assisted defendant's Chief Tool Engineer, James Parrish. Although he retained the title of Senior Tool Engineer, plaintiff functioned as a supervisor and less than 15% of his time was spent at the drafting table.

In August, 1983, defendant's newly appointed manager Charles Hartung reorganized defendant's Manufacturing and Engineering Department. As part of the reorganization, plaintiff was reassigned from the Tool Engineering Section where he was performing supervisory duties to the Methods Engineering Section where he was assigned to the drafting table. Plaintiff did not suffer any change in labor grade, loss of compensation, benefits, seniority or privileges.

Plaintiff expressed dissatisfaction with the reassignment and requested to be reassigned to his previous position in the Tool Engineering Section. After approximately two weeks, plaintiff was reassigned to the Tool Engineering Section as a Senior Tool Engineer; however, plaintiff no longer served in a supervisory position and was required to work at a drafting table approximately 85% of the time.

In November, 1983 and again in October, 1984, plaintiff requested a transfer to Senior Mechanical Buyer. These requests were also denied.

In January, 1984, plaintiff requested a transfer to Senior Mechanical Engineer. Plaintiff, later, withdrew his application when he learned that there was no such job opportunity.

In March, 1985, plaintiff filed written charges of discriminatory employment practices by defendant with the New York State Division of Human Rights and the Equal Employment Opportunity Commission ("E.E.O.C."). Plaintiff alleged that defendant discriminated against him on the basis of his Hispanic national origin. Plaintiff took time off from work to file these charges.

Following this filing, plaintiff received a formal written disciplinary notice for poor attendance.

In April, 1985, plaintiff filed a second charge with the E.E.O.C. again alleging defendant discriminated against him on the basis of his national origin.

This second charge was later amended on Friday, May 10, 1985. Plaintiff was given four hours without pay to file this amendment; he was told to be at work by 12:45 p.m. Plaintiff was unable to complete his business at the E.E.O.C. office and return to work by 12:45 p.m. and thus, called work to explain that he would not ...


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