The opinion of the court was delivered by: Robert P. Patterson, Jr., District Judge.
Defendants move and plaintiffs cross-move for summary judgment pursuant
to Federal Rule of Civil Procedure 56. Plaintiff is an African American
woman who was 62 years of age when this lawsuit was filed on February
23, 1988. She brings this suit against defendants City School District of
the City of New York and three of its employees, seeking monetary damages
and equitable relief based on allegations that defendants
discriminatorily decided not to hire plaintiff to be an Assistant
Principal at James Monroe High School.
In 1964, plaintiff was appointed to a teaching position at James Monroe
High School, a public school in Bronx, New York. In 1983, the Assistant
Principal (AP) retired and plaintiff assumed the AP's duties despite the
fact that she did not satisfy the educational and licensing requirements
for the AP position. On February 10, 1987, the New York City Public
Schools Division of Personnel distributed a notice that there was an
opening at James Monroe High School for the position of "Assistant
Principal Supervision Stenography and Typewriting." Ex. 5 to Goffin Aff.
(August 7, 1989).*fn1 On February 23, 1987, plaintiff submitted an
application for the position. Ex. 6 to Goffin Aff. On March 6, 1987, Ms.
Susan Friedman, a white female of a younger age than plaintiff, submitted
the only other application for the job.
Plaintiff had become licensed to be an AP by early 1987 and on March
27, 1987, the Division of High Schools officially appointed plaintiff
"interim acting" "Assistant Principal-Sten/Type. Ex. 3 to Goffin Aff. On
April 29, 1987 the Executive Director of High Schools granted the
Superintendent of the Bronx High Schools, defendant Frances Vazquez
("Vazquez"), permission to begin the interviewing process for hiring a
permanent AP. Pursuant to Special Circular No. 30-R issued by the
Chancellor of the Board of Education, see Ex. 34, 35 to Goffin Aff., the
two candidates were interviewed by a five member committee consisting of
an assistant to Vazquez, two Board of Education principals from different
boroughs, a parent and a retired employee of the Division of Personnel.
I. Strengths: "She has experience as the Interim
Acting AP for 4 years."
"Knowledgeable re `U' rating."
"Civic orgs. — on the job experience."
"Job experience is inevitable but Mrs. Morton could
have told more of her on the job experiences."
II. Weaknesses: "Role of work unclear in so far as
knowing her responsibilities."
"Ans[wers] poorly organized — need prodding."
"Didn't respond to problem posed."
"Her answer lacked specificity."
"Did not demonstrate and/or explain any major
contributions she has made to dept. during her
tenure as I.A.P."
"Identified problems but did not offer adequate
"Does not handle challenges well re: cuts in dept.
Does not know how to be an advocate to `sell' her
"Poorly organized answers — no solution."
"Lacked up to date knowledge in ...