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LITTLE v. NATIONAL BROADCASTING CO.
April 22, 2002
KYLE H. LITTLE, JULIE ANNA PEREZ, JOHN RIVERA, MARTA HOGAN, GILBERT MURO, PLAINTIFFS,
NATIONAL BROADCASTING COMPANY, INC., DEFENDANT.
The opinion of the court was delivered by: Scheindlin, District Judge.
Plaintiffs have filed five individual complaints against their
employer, the National Broadcasting Company, Inc. ("NBC"),
alleging numerous acts of racial and sexual discrimination
throughout their fifteen to twenty-year careers at the
company.*fn1 These cases were consolidated for purposes of
pretrial proceedings, and NBC now moves pursuant to Rule 56(c)
of the Federal Rules of Civil Procedure for summary judgment
against all plaintiffs. NBC characterizes plaintiffs as
"disgruntled employees" who threaten to "exploi[t] and dilut[e]"
the discrimination statutes. See Omnibus Memorandum of Law in
Support of Defendant NBC's Motions for Summary Judgment ("Def.
Omnibus Mem.") at 24 (quoting Campbell v. Alliance Nat'l,
Inc., 107 F. Supp.2d 234, 251 (S.D.N.Y. 2000)). I disagree.
Although some of plaintiffs' claims must be dismissed on
procedural grounds or for lack of proof, there is sufficient
evidence in each of these cases to present triable issues that
must be decided by a jury. It is the province of the jury,
rather than the Court, to define the limits of appropriate
conduct in the workplace. See Gallagher v. Delaney,
139 F.3d 338, 342-43 (2d Cir. 1998). But the plaintiffs' evidence, if
true, does tend to suggest that "something is rotten in the
[offices of NBC]." William Shakespeare, Hamlet, Prince of
Denmark, Act I, Scene IV.
NBC is a diversified media company that produces and
distributes various forms of entertainment, news and sports
programming via broadcast television, cable television, the
Internet and other distribution channels. See Def. Omnibus
Mem. at 3. At its facility in Rockefeller Center in New York
City, NBC produces and facilitates the production of a variety
of television shows. See id.; Affidavit of Mary Beth Scalici,
NBC's Director of Centralized Scheduling and Production Services
("Scalici Aff.") ¶ 2. These shows are staffed with either NBC
employees, freelance personnel or other employees who are hired
on a per diem basis without any job security ("Daily Hires").
See id. ¶ 5.
B. NBC's Complaint Mechanism and Diversity Training Programs
NBC's complaint procedure for harassment claims is contained
in its anti-harassment policy, which is distributed annually to
all employees and posted throughout the Rockefeller Center
facility. See Exs. L-O to Reynolds Aff.; Rivera Dep. at 40516;
Muro Dep. at 574; Little Dep. at 306. Pursuant to this
procedure, employees are expected to report any "unwelcome
offensive" conduct to either: (1) the employee's "line
management," (2) Tony Loney, NBC's Director of Diversity, (3)
NBC's Ombudsperson, or (4) a representative assigned to that
particular employee. Ex. L to Reynolds Aff. at 1-2. Any
supervisor or manager who becomes aware of "any complaint or
concern of conduct that might potentially violate [the] policy"
is obligated to report that complaint or conduct to any one of
the four individuals described above or to NBC's law department.
Id. at 2. Furthermore, the policy states that "NBC will take
prompt corrective action that is calculated to stop the
offensive behavior," that NBC will discipline the offending
person "where appropriate," and that NBC "strictly prohibit[s]
retaliation or reprisal against an individual who reports or
opposes harassment." Id. Plaintiffs do not contest the fact
that this policy exists, that they have seen the policy, and
that they have attended diversity seminars at NBC. See Rivera
Dep. at 405-16; Muro Dep. at 572-75; Little Dep. at 306; Perez
Dep. at 449-50; Hogan Dep. at 326.
C. Plaintiff-Specific Facts
Gilbert Muro is a Mexican-American. See NBC's
Rule 56.1 Statement of Undisputed Facts ("Def.'s Muro 56.1") ¶ 1 Plaintiff
Muro's Response to Rule 56.1 Statement ("Muro 56.1") ¶ 1. In
1986, he was introduced to Frank Accarrino, who was then a
manager at NBC, through Accarrino's wife, with whom Muro had a
friendship. See Def.'s Muro 56.1 ¶ 1; Muro 56.1 ¶ 1. While
Muro's employment application indicates that he was referred to
NBC by Accarrino, see Def.'s Muro 56.1 ¶ 3; Muro 56.1 3, he
was not officially hired by Accarrino, see Muro
56.1 ¶ 3; Deposition of Frank Accarrino, Vice President of NBC's
News, Entertainment and Facility Operations ("Accarrino Dep.")
at 213. Throughout his career at NBC, all of Muro's supervisors
have reported to Accarrino. See Accarrino Dep. at 307, 309.
When Muro first began work at NBC in March 1986, he served as
a Group 2 Videotape Engineer. See id. ¶ 4. Shortly thereafter,
he was upgraded to a Group 3 Videotape Engineer. See Def.'s
Muro 56.1 ¶ 5; Muro 56.1 ¶¶ 4, 5. Later in 1986, Muro was
upgraded to a Group 7 Technical Director ("TD") and assigned to
NBC's morning show "Today".*fn3 See Def.'s Muro 56.1 ¶ 6.
a. Muro's Experience on "Today"
Muro was the TD on "Today" for ten to eleven years, during
which he was upgraded to Group 8. See Def.'s Muro 56.1 ¶¶ 8, 9
(approximately ten years); Def. Resp. to Pl. 56.1 ¶¶ 8, 9 (eleven
years). As the TD, Muro was responsible for operating the show's
electronic switching equipment (generating the show's graphics
and visual effects), overseeing the technical aspects of the
show and managing the production activities of the subordinate
engineers on the crew. See Def.'s Muro 56.1 ¶ 7; Muro 56.1 ¶ 7
(listing some additional responsibilities). Muro contends that
on a number of occasions in 1988 and 1989, George Paul, the
director of "Today" and Muro's immediate supervisor, made
disparaging, racist and sexist remarks in his presence.*fn4
Paul made a comment about an Hispanic coworker's accent,
commenting: "I don't understand a damn thing he's saying," and
complaining, "it's ridiculous we can't speak English around
here." Muro Dep. at 66, 68. Paul also told Muro he thought this
co-worker was "lazy" and "stupid because of his accent." Id.
at 67. Paul also made disparaging comments about
African-American guests on the show, using racial slurs and
mocking them with "a black dialect." Id. at 74, 88-89. Once
Muro heard Paul refer to the African-American host of the show
as "that black prick." Id. at 88. According to Muro, Paul
"used the `C' word for women," used the word "spic" at least two
times, and joked about an Asian audio engineer in front of the
entire Control Room, asking him about "laundry." Id. at 67,
Muro asserts that he twice complained to Paul in 1989,
informing him that, as a Mexican-American, he was offended by
Paul's language and comments. See id. at 71-72, 75-77. Paul
cursed at Muro in response and, on one of these occasions,
threatened to remove him as TD on "Today's" upcoming five-city
tour. See id. at 71-72, 75, 84. That same year, Muro twice
complained about Paul's conduct to Accarrino who, as manager of
the technical supervisors at NBC, was ultimately responsible for
promotions, raises, show assignments, scheduling and careers.
See id. at 69, 76, 79, 81, 84, 391. Muro allegedly asked
Accarino "how anyone in [Paul's] position who has all these
prejudices could be responsible for promoting people. How could
anyone get a fair shake with this man sitting at the helm." Id
at 73. Accarrino responded to these complaints by commencing a
routine mocking of Muro's surname, pronouncing it "with a phony
Spanish accent" whenever he saw Muro at NBC. Id. at 95-97,
102. This "needling . . . mocking . . . harrassing" Spanish
accent allegedly continued until 1998, when Muro filed his
complaint with the EEOC. Id. at 102, 104.
On June 20, 1997, Muro attended a meeting called by NBC to
discuss the removal of Collette Baptiste, an African-American
woman who worked on "Today", from her position as a TD (the
"Baptiste Meeting"). See Def.'s Muro 65.1 ¶ 13; Muro 56.1 ¶
13. Muro claims that, prior to the hearing, he overheard the
Technical Manager on the Today show, Joseph McCourt, call
Baptiste "that black bitch" while yelling to the executive
producer of the show. Muro 56.1 ¶¶ 10, 14. He claims that
Baptiste invited him to attend the meeting after he helped her
utilize and navigate NBC's complaint procedures and that NABET
encouraged him to attend. See Muro 56.1 ¶ 14; Muro Dep. at
394. Also in attendance at the meeting was McCourt, who
allegedly recommended Baptiste's removal from the show, see
Muro Dep. at 438, as well as John Fritsche, the Senior
Production Manager on "Today".*fn5 At the meeting, Muro
defended Baptiste, stating that NBC should put itself in
Baptiste's shoes because she is a black female and has no
support system. See Def.'s Muro 56.1 ¶ 14; Muro. Dep. at
459-60. According to Muro, Fritsche's response was to "jump out
of his chair as if to attack [Muro] and sa[y] he was going to
come over there." Ex. T to Reynolds Aff. ("Muro Supp. Charge") ¶
3. Another attendee, Mark Zulli, purportedly "grabbed and
restrained him." Id
Two weeks after the Baptiste meeting, Muro was removed from
"Today" and reassigned to "The Late Show With Conan O'Brian"
("Conan"). See Def.'s Muro 56.1 ¶ 15; Muro 56.1 ¶ 15. He was
replaced by a Caucasian man. See Muro 56.1 ¶ 10; Accarino Dep.
at 236-37. According to NBC, the "Today" show had begun looking
for a replacement for Muro and a comparable assignment for him
at least a year earlier and the final decision to reassign Muro
was made several weeks before the Baptiste Meeting. See Def.'s
Muro 56.1 ¶¶ 10, 11. Muro contends that NBC's decision to remove
him from "Today" and reassign him to "Conan" was retaliation for
his involvement in the Baptiste Meeting. See Muro 56.1 ¶ 10;
Muro. Dep. at 109. He claims that, prior to his removal from
"Today", no one had ever expressed any concerns to him about his
performance, reliability or attitude. See Affidavit of Gilbert
Muro ("Muro Aff."), attached to Affidavit of Martha McBrayer,
attorney for plaintiffs ("McBrayer Aff."), ¶ 3. His one formal
evaluation, which he received in 1991, was purportedly
"excellent". Id.; see also Annual Performance Review —
Represented Employees, Ex. V to McBrayer Aff. No one at NBC
explained the reason for his removal. See Muro 56.1 ¶¶ 10, 11;
Muro Dep. at 433-34.
b. Muro's Experience on "Conan"
On "Conan," Muro worked as a Group 8 TD and was supervised by
Alina Chaban, the show's Technical Manager who is Hispanic.
See Def.'s Muro 56.1 ¶ 15; Muro Aff. ¶ 6. Even though Muro
remained at the same official pay scale, he claims that his
compensation decreased dramatically because "Conan" entailed
fewer hours than "Today," less overtime, and differential pay
for overnight work. See Muro 56.1 ¶ 15; Muro Dep. at 63-64. He
also claims that "Today" required more travel, which provided
built-in overtime as well as an expense budget. See Muro 56.1
¶ 15; Muro Dep. at 63-64, 113, 638, 640.
Muro contends that the director of "Conan," Elizabeth Plonka,
routinely flirted with the Caucasian men on the crew of the
show. See Muro Dep. at 135, 138-39. He claims that many of the
Caucasian crew members massaged her back, "would hug her, would
sit on her lap, would . . . have very intimate contact with her
in the control room. . . . She would walk up to young, white,
male caucasians — put her arm around them, whisper in their
ear." Id. at 139; see also id. at 146-48, 159, 164, 185,
188, 196, 205. Plonka made comments to the male crew members
about their clothing, hair and physique, and used vulgar
language to describe men on the show. See id. at 149, 212-13.
Muro claims that, unlike the other male crew members who
responded to her flirting, he "did not want to get involved with
her" and made an effort to keep her "at arm's length." Id. at
148-49; see also id. at 152-53 (Muro refused Plonka's request
for a back massage); id. at 154 (Muro moved away when Plonka
put her arm around him). He did not, however, complain to Plonka
or to anyone else until he was removed from the show. See id.
Muro contends that "favoritism would be given" to Caucasian
males who flirted with Plonka and "liked to play her game."
Id. at 144; see also id. at 193, 212. For example, he claims
that Camera Operator Jack Gagney, who acted "flirtatious" with
Plonka, received "preferential treatment" because he had a dual
assignment on "Conan" and The Rosie O'Donnell Show ("Rosie") and
therefore got paid for "long days." Id. at 167-170. He also
claims that preferential treatment was given to Camera Operator
Ken Decker who routinely gave Plonka back massages, often spoke
to Plonka with his face close to hers, and twice took Plonka on
his boat. See id. at 188, 190, 196. According to Muro, Plonka
hired Ken's brother over Muro's candidate, a more experienced
African-American woman. See id. at 188-191. Another example
provided by Muro is Audio Mixer Fred Zeller, who frequently gave
Plonka back rubs, spoke with his face close to hers, and
whispered in her ear. See id. at 205. Accordingly, Plonka was
more lenient with Zeller than she was with Muro, never
reprimanding Zeller for arriving late but chastising Muro for
being even a minute late from a bathroom break. See id. at
Muro alleges that Chaban "supported" Plonka's actions. Id.
at 423. When Muro complained to Chaban that Plonka was allowing
Caucasian male crew members to drift in and out of the studio
without repercussion, Chaban took offense at Muro's questioning
of her authority. See id. at 422. She later told Accarino that
Muro was being "irresponsible" because his job was to facilitate
Chaban's relationship with the crew. Id. at 424.
Muro also complains of harsh treatment by Accarrino during
this time. After he asked the scheduling office some questions
about his co-worker Julie Perez's pay stubs, he was called into
Accarrino's office. See id. at 402-04. In that meeting,
Accarrino allegedly told Muro that if he "did not conform to the
rule[s]" and was "not obedient to these rules" he "would be
immediately removed from that show and put on a nonassignment or
to languish the rest of [his] career in the lounge." Id.
On June 24, 1998, Muro filed a complaint with the NBC
Ombudsperson. See Muro Aff. ¶¶ 4, 5; Muro NABET Complaint. Muro
complained of unfair treatment on the "Conan" show and
unjustified removal from the show. See Muro NABET Complaint at
1-2. He also referred to removal from the "Today" show after his
attendance at the 1997 Baptiste Meeting. See id. at 3. In
1998, Muro met twice with the Ombudsperson and was informed that
NBC would be conducting an investigation into his allegations.
See Def.'s Muro 56.1 ¶ 39; Muro 56.1 ¶ 39. However, Muro
insists that the Ombudsperson did not properly handle his
complaints. See Muro 56.1 ¶ 39. He claims that the
Ombudsperson warned him that "she was there to defend NBC" and
that her "responsibility [was] to NBC." Id. He also claims
that NBC has done nothing in response to his complaints. See
c. Muro's Experience on "Rosie"
Two or three weeks after his removal from "Conan", Muro was
reassigned to work as a Group 8 TD on "Rosie", "a very high
profile" and "extremely important" show. Def.'s Muro 56.1 ¶¶
23-25; Muro 56.1 ¶¶ 23-25. Muro claims that Plonka spoke to the
show's Director, Debbie Miller, and told her to "watch out" for
Muro because he was incompetent. Muro Dep. at 410. He claims
that, on his first day on the show, NBC's Scheduling
Coordinator, Carmela Tripodi, was standing between him and
Miller and was "glaring" at him. Id. at 415-16. Soon after he
began working on "Rosie," Plaintiff was informed that Miller was
unhappy with his performance.*fn8 See Def.'s Muro 56.1 ¶
27; Muro 56.1 ¶ 26. Within a few days, Muro was removed from
"Rosie." See Def.'s Muro 56.1 ¶¶ 26, 29; Muro 56.1 ¶ 26.
d. Muro's Assignments After His Removal From "Rosie"
On "Weekend Today", Muro was supervised by McCourt, who
allegedly made derogatory remarks about Hispanics in Muro's
presence. Muro contends that McCourt "always used this weird
Hispanic accent when he talked to Hispanic people" and that, at
a Spanish concert in 1999, McCourt commented "it's going to be
greasy out there. There is going to be lots of beans and rice
and chicken all over the street. Those people are very greasy."
Muro Dep. at 439-40. Muro also alleges that McCourt "chose to
make written records of the most insignificant errors made by
[him] while ignoring major errors made by other operators." Muro
Supp. Charge ¶ 14.
Although NBC claims that, as a Group 8 TD, Muro's pay has not
declined, Muro insists that he has incurred substantial loss in
income because he has been assigned to shows with much less
overtime. See Def. Muro 56.1 ¶ 29; Muro 56.1 ¶ 29. Muro also
contends that he is no longer assigned to the shows on which
personnel are offered personal services contracts ("PSC's"), an
arrangement that offers higher pay than the Group 8 pay scale.
See Muro Dep. at 38, 646. He also contends that he continues
to be denied opportunities, such as going to the Olympics. See
id. at 61, 270.
e. Muro's Formal Complaints and Surrounding Events
On August 21, 1998, Muro filed a charge with the New York
State Division of Human Rights ("NYSDHR"). See Def.'s Muro
56.1 ¶ 30; Muro 56.1 ¶ 30; Ex. T to Reynolds Aff. ("Muro
Charge"). He filed a supplemental charge on March 3, 1999. See
Def.'s Muro 56.1 ¶ 30; Muro 56.1 ¶ 30; Muro Supp. Charge. These
charges allege that Muro was discriminated against because of
his race and sex in the terms and conditions of his employment
and that he was subject to retaliation. See Def.'s Muro 56.1 ¶¶
31, 35; Muro 56.1 ¶¶ 31, 35. The Supplemental Charge also alleges
that Plonka's behavior on "Conan" was "against the company's
sexual harassment policy" and that it made Muro "uncomfortable."
See Muro Supp. Charge ¶ 6; see also Muro 56.1 ¶ 31
(insisting that charges alleged that Muro was subject to a
sexually hostile work environment while working at "Conan").
Around this time, Muro also formed the NABET diversity
committee along with Perez, Rivera, and Little. See Muro Aff.
¶ 4; Perez Dep. at 75. The committee was allegedly an attempt to
address "the harassment and discrimination issues that NABET
members . . . were experiencing." Perez Dep. at 76. In 1999,
Muro, Rivera, Perez and Little met with Tony Loney, NBC's
Director of Diversity. See Muro Aff. ¶ 11. Muro explains that
they "asked him to investigate why the Ombudsman's office was so
ineffective in handling [their] complaints of discrimination,
harassment and retaliation." Id. Although Loney promised to
investigate, Muro contends that "nothing was done." Id.
Furthermore, Loney allegedly responded that "if [they] were not
good at [their] jobs, NBC would have already gotten rid of
On August 3, 2000, Muro filed a Complaint with this Court.
See Def.'s Muro 56.1 ¶ 32; Muro 56.1 ¶ 32; Complaint ("Muro
Compl."), Ex. F to Reynold Aff. He filed an Amended Complaint on
March 3, 2001. See Def.'s Muro 56.1 ¶ 32; Muro
56.1 ¶ 32; First Amended Complaint ("Muro Am. Compl."), Ex. F to
Reynolds Aff. The Amended Complaint includes the following
claims for relief: (1) racial harassment, race discrimination
and retaliation in violation of Title VII; (2) race
discrimination and retaliation in violation of NYSHRL; (3)
sexual harassment, sex discrimination and retaliation in
violation of Title VII; (4) sexual harassment and retaliation in
violation of NYSHRL. See Muro Am. Compl. ¶¶ 78, 82, 97, 101.
Muro alleges that, subsequent to his initiation of formal
proceedings, there were two other racial incidents at NBC's
Rockefeller Plaza facility.*fn9 On June 22, 2000, he saw Klu
Klux Klan robes outside the door to the "Conan" control room.
See Muro Aff. ¶ 6; see also Photograph of Robes, Ex. C to
McBrayer Aff. On June 21, 2001, Little, Rivera and another
African-American co-worker, Joseph Meyer, summoned Muro to the
second floor video maintenance shop at NBC's Rockefeller Center
facility to show him a noose with Meyer's name attached to the
rope which was hanging on the wall across from Meyer's work
station. See Muro Aff. ¶ 8; see also Photograph of Noose,
Ex. D to McBrayer Aff. Although NBC Employer Relations Director
Alexandra McCauley promised to launch an investigation, Muro is
not aware of anything that has been done. See Muro Aff. ¶ 9.
a. Hogan's Experience at NBC from 1983-95
Marta Hogan is a woman of Italian and Puerto Rican descent.
See NBC's Rule 56.1 Statement of Undisputed Facts ("Def.'s
Hogan 56.1") ¶ 1. She was hired by NBC in 1983, see id., as a
Senior Audio Engineer to work on local news broadcasts. See
Plaintiffs Response to Rule 56.1 Statement ("Hogan 56.1") ¶ 2.
In 1985, NBC assigned Hogan to its "Saturday Night Live" ("SNL")
show where she worked as a Group 2 Audio Assistant. See Def.'s
Hogan 56.1 ¶ 3. Her "SNL" supervisor was Keith Handyside. See
id. Hogan remained on "SNL" for two seasons until she went out
on strike during a labor dispute. See id. ¶ 4. When Hogan
returned from the strike, she was replaced by NBC staff employee
Bob Sazer, who had also been on strike. See Hogan 56.1 ¶ 4.
Sazer, a Caucasian male with less studio audio engineering
experience than Hogan, had been trained by Hogan as an Audio
Assistant on "SNL". See id. Hogan never received a legitimate
explanation for her removal from "SNL", nor was she ever
informed of any performance or personality issues while on
"SNL". See id.
Upon returning from the strike, Hogan was assigned to NBC's
"News At Sunrise" show, see Def.'s Hogan 56.1 ¶ 5, where she
worked as a Group 2 Senior Audio Mixer, see Hogan 56.1 ¶ 5.
Then, in 1988, Hogan was reassigned to "The Donahue Show"
("Donahue") as a Group 2 Senior Audio Mixer. See Def.'s Hogan
56.1 ¶ 6; Hogan 56.1 ¶ 6. NBC claims that Technical Manager Jack
Bennett removed Hogan from "Donahue" in 1990 because of Hogan's
technical errors, lack of problem solving skills, and tardiness.
See Def.'s Hogan 56.1 ¶ 8. Hogan disputes these reasons,
citing the positive performance review she received from Bennett
in 1989. See Hogan 56.1 ¶ 8. Hogan also claims that any
purported technical difficulties were caused by mechanical
equipment failure outside her control. See id. ¶ 10.
Furthermore, Hogan states that "Donahue" Executive Producer Pat
McMillan never had any problems with Hogan or her job
performance. See id. ¶ 8. Hogan was replaced by NBC staff
employee Fred Zeller, a Caucasian male who she had trained. See
id. After filing a grievance, Hogan was informed by NBC that
she would be reinstated to the "Donahue" show. See id. Hogan
was not reinstated, however, at the request of Vice President
Frank Accarino and NBC Manager Rick Post. See id.
After her removal from "Donahue," Hogan returned to "SNL" as a
PA Audio Mixer. See Def.'s Hogan 56.1 ¶ 12. Hogan remained on
"SNL" until 1992 and thereafter worked on various shows as an
Audio Engineer. See id. ¶¶ 12-13. While a number of these shows
complained about Hogan's performance, see id. ¶ 14, she feels
that she was unfairly subjected to disciplinary warnings, see
Hogan 56.1 ¶ 14. In September of 1992, NBC Scheduling Manager,
Carmela Tripodi, issued a written warning about Hogan's
performance. See Def.'s Hogan 56.1 ¶ 15. In January of 1994,
NBC issued Hogan a final written warning. See id. 16. The
final written warning documented numerous instances of Hogan's
poor performance. See id. ¶ 17. Although Hogan admitted the
accuracy of a number of the events outlined in the final
warning, she denied the validity of a majority of those events.
See id. ¶ 18; Def.'s Hogan 56.1 ¶ 18. The final warning
concluded by placing Hogan on "Conan", a high profile
assignment, in an effort to help her succeed. See Def.'s Hogan
56.1 ¶ 19.
b. Hogan's Complaints About "Conan"
On March 24, 1995, Hogan, along with two co-workers, went to
NBC's Ombudsperson, Patricia Langer, to complain about
discrimination and mistreatment on the "Conan" set. See id. ¶
23. Langer and her assistant subsequently met with Hogan and
informed her that the NBC investigation did not reveal sex
discrimination but that NBC management would engage in an
"ongoing dialogue" with "Conan" management to "straighten out"
some of the crew problems. Id. ¶ 25. Langer purportedly told
Hogan that there was nothing more she could do. See Hogan 56.1
Hogan claims that, as a result of this complaint, she was
retaliated against by Accarino who instructed Technical Manager
Frank Garofalo to remove Hogan from the "Conan" show. See id.
¶ 24. She claims that Accarino, who admitted to keeping a
special file on Hogan, wanted her fired from NBC altogether.
See id. In addition, she insists that Garofalo retaliated
against her by informing the entire "Conan" crew that she had
filed a complaint with the NBC Ombudsperson. See id. On July
1996, after approximately two years on "Conan", Hogan was
removed from the show. See Def.'s Hogan 56.1 ¶¶ 21-22.
c. Hogan's Experience After "Conan"
Hogan then returned to Manhattan where she worked as a Group 2
Audio Engineer from May 1999 through September 1999. See id. ¶
34. In September of 1999, Hogan was assigned to "The Later Today
Show" ("Later Today") as an Audio Assistant. See id. ¶ 35.
While on "Later Today," Hogan performed the show's Audio
Transmission function. See id. ¶ 40. She claims that, although
she performed the highly skilled Audio Transmission function,
she was not paid at the customary Group 7 level. See Hogan
56.1 ¶ 40. While Hogan's white male predecessor, Steve Singer,
regularly received the Group 7 upgrade, NBC Technical Manager
Tom Popple refused to give Hogan the same upgrade. See id.
Hogan worked on "Later Today" until August 2000, when the show
was cancelled. See Def.'s Hogan 56.1 ¶ 41.
Hogan currently works on "The Today Show" and "Weekend Today."
See id. ¶ 42. On "Weekend Today," she is responsible for Audio
Transmission, usually a Group 7 position, for which she is paid
as a Group 2 Audio Engineer. See Hogan 56.1 ¶ 42. On "The
Today Show," Hogan works as a Group 2 Audio Assistant. See id.
Despite receiving upgrades to Group 5 or 7 for approximately
half of the time, Hogan complains that two white male Audio
Assists (Group 2 positions) are consistently awarded merit
upgrades and therefore paid more than she. See id. Hogan also
claims that she is subjected to a sexually hostile work
environment at "The Today Show" where male crew members
deliberately sabotage her work, laugh and snicker at her, refuse
to speak to her directly, and "otherwise deliberately harass
her." Id. ¶ 47.
d. Hogan's Formal Complaints of Discrimination*fn10
Hogan filed a Charge with the NYSDHR on October 29, 1999.
See Ex. S to Reynolds Aff. ("Hogan Charge"), In that Charge,
Hogan alleged that she was subjected to discriminatory treatment
because of her national origin and sex. See id. In particular,
Hogan complained that: (1) she was not allowed to work on the
"Today Show" summer concert series as a Music Assistant Audio
Engineer; (2) her name was removed from the Audio page and she
was demoted to an Audio Assistant in January 1999; (3) NBC
issued her a Letter of Warning for being late to work at the
"Later Today" show as a result of a flat tire; and (4) because
she did not receive the salary upgrade she was entitled to after
she was promoted to a Senior Audio position on the "Later Today"
show, she received less money than two white
male Audio Assistants who received merit upgrades. See id.
In a Complaint filed with this Court on August 3, 2000, Hogan
complains of sex and race discrimination as well as sexual
harassment. See Complaint ("Hogan Compl."), Ex. E to Reynolds
Aff. In her Complaint, Hogan reiterates that she was denied
additional assignments on "The Today Show" concert series by
Scheduling Coordinator Julie Radin. See id. 69. She claims
that numerous white male staff and non-staff engineers with far
less experience than she were rotated onto the concert series.
See id. Furthermore, throughout her regular assignment on "The
Today Show" and "Weekend Today," Hogan has remained at the Group
2 pay level. See id. ¶ 70. Hogan alleges that she never
received a merit upgrade while white male Audio Engineers with
less experience were routinely awarded Group 5 merit upgrades.
See id. While on "Later Today," Hogan was paid at the Group 2
level while two other Audio Assist Engineers, both white males,
were paid at the higher Group 5 pay scale. See id. ¶ 71. In
fact, Hogan alleges that she was reassigned to an Audio Position
on "Later Today" in October of 1999, where she replaced Steve
Singer, a white male paid at the Group 7 pay scale. See id. ¶
72. Upon replacing Singer, Hogan claims that the position was
immediately downgraded and Hogan remained at the Grade 2 level.
Hogan also makes the following general allegations in her
Complaint: (1) white males with less audio engineering skill
than Hogan have regularly received merit upgrades; (2) Hogan has
consistently been overlooked for high-profile assignments which
are routinely given to white males; (3) Hogan has been denied
the opportunity to receive the training necessary to qualify for
merit upgrades, training which is readily available to white
males; and (4) Hogan has been denied fair compensation and
bonuses throughout her employment at NBC. See id. ¶¶ 76-80.
Hogan's claims of disparate treatment include retaliation by
directors, officers, supervisors, managers and employees of NBC.
See id. Hogan also alleges that, from Spring 1983 to the
present, NBC has created and maintained a hostile work
environment subjecting her to explicit, rampant, pervasive and
continued sex discrimination and harassment. See id. ¶¶ 21, 26.
a. Little's Experience in the Film Operations and Video
In 1981, NBC hired Little, who is African-American, to work as
a film projectionist in its Film Operations Department. See
NBC's Rule 56.1 Statement of Undisputed Facts ("Def.'s Little
56.1") ¶ 1; Plaintiffs Response to Defendant's
Rule 56.1 Statement ("Little 56.1") ¶ 1. As a film projectionist, Little
organized film chains to play material on the air.*fn11 See
Little Dep. at 53. Little worked in Film Operations for eighteen
months, at which point the department closed. See Def.'s
Little 56.1 ¶ 2; Little 56.1 ¶ 2. Little then began to work in
the Videotape Operations Department as a videotape engineer.
See Def.'s Little 56.1 ¶ 3; Little 56.1 ¶ 3. As a videotape
engineer Little dubbed, edited and played back videotape. See
Little 56.1 ¶ 3. In approximately 1985, Little spent three
months working as a temporary audio engineer for WNBC Local
parties refer to this temporary assignment as "vacation
relief."*fn12 See Def.'s Little 56.1 ¶ 4; Little 56.1 ¶ 4.
After completing this temporary assignment, Little returned to
his previous position as a videotape engineer in the Videotape
Operations Department, now under the supervision of Don
Brookfield. See Def.'s Little 56.1 ¶ 5; Little 56.1 ¶ 5. From
approximately 1985 to 1988, Little worked as a full-time
videotape engineer.*fn13 See Def.'s Little 56.1 ¶ 6; Little
56.1 ¶ 6.
b. Little's Experience with the Automated Recording and
In approximately 1988, NBC introduced new technology in the
Videotape Operations Department, which was called the Automated
Recording and Playback System ("ARPS"). Little was one of the
employees in the Video Operations Department who received
training in the system. See Def.'s Little 56.1 ¶¶ 8, 9; Little
56.1 ¶¶ 8, 9. After he was trained, Little became an ARPS
operator in the Video Operations Department and retained that
position for approximately eleven years, until the system was
phased out in 1999.*fn14 See Def.'s Little 56.1 ¶ 11;
Little 56.1 ¶ 11. Between 1993 and 1998 or 1999, Little
periodically worked as an ARPS supervisor and received daily
upgrades from Group 5 to Group 7. See Def.'s Little 56.1 ¶ 13;
Little 56.1 ¶ 13. Little contends that his supervisory ARPS
assignments were reduced beginning in 1996 and that Kevin Scott,
who was directly responsible for Group 7 assignments, steered
assignments to Little's Caucasian co-workers instead. See
Little 56.1 ¶ 13.
Little also contends that Scott deliberately subjected
African-American employees to harsher scrutiny, higher standards
and stricter discipline than their Caucasian counterparts during
Little's tenure as an ARPS operator. See Little 56.1 ¶ 27. He
describes one occasion that was sparked by his response to an
NBC employee who threw Little's paycheck at him. Little
responded to this behavior by telling the employee that he would
probably be suspended if he treated a client that way. See
Little Dep. at 176-78. Moments later, Little was summoned into
Scott's office where he was informed that Accarino had
instructed Scott to take Little's employee ID and escort him off
the premises. See id. Scott also threatened to suspend Little
if he discovered that Little was lying about the incident. See
id. Approximately two weeks later, Little was informed that he
would not be suspended. See id.
Little also alleges that Scott instructed Little and John
Rivera (a co-worker of African-American and Hispanic heritage)
to keep track of their Italian co-workers and to watch when they
were coming and going. See Little Dep. at 166-73. Little and
Rivera refused to cooperate in this activity. See id. In
addition, on numerous occasions Scott referred to female
employees in a derogatory manner and shouted obscenities in
Little's presence or directly at female co-workers. See id. at
152, 156-58. Little also refused to participate in this
activity. See id.
c. Denial of Little's Transfer Request
Little contends that, in 1996, NBC denied his request to
transfer to the office of an NBC affiliate, WMAQ in Chicago.
See id. at 17-19, 139. Little travelled to Chicago and was
interviewed by three individuals at WMAQ, including Ken Harvey.
See id. at 139-40. When Harvey attempted to speak with Scott
regarding Little's application, he received no response. See
id. at 135-43. According to Little, when he approached Scott
regarding the transfer, Scott told him that the transfer was not
going to happen because he did not support it. See id. at 143.
Subsequently, Harvey told Little that Scott had been
uncooperative when he attempted to discuss Little's application
and that WMAQ had hired another applicant. See id. at 143-44.
d. Little's 1998 NYSDHR Charge
On May 8, 1998, Little filed a discrimination claim with the
NYSDHR and the EEOC. See Ex. P to Reynolds Aff. ("Little
Charge"). Little filed supplemental charges with the NYSDHR on
March 23, 1999 and May 17, 1999. See Def.'s Little 56.1 ¶ 25;
Little 56.1 ¶ 25; Ex. P to Reynolds Aff. ("Little Supp.
Charge"). On May 8, 1998, Little met with NYSDHR Investigator
David Powell to discuss his claims of race discrimination,
racial harassment and retaliation. See Little Aff. ¶ 1. Little
explained to Powell that Scott discriminated against
African-American employees, even though Scott was also
African-American. See Little Dep. at 160-61. Little claims
that he was later informed by his African-American colleague
Dennis Murray that Scott had instructed Murray to tell Little to
drop the charges because they were making Scott look
bad.*fn15 See id.
e. Exclusion from Graceland Training and Return to Video
In 1999, when ARPS became obsolete, NBC replaced the system
with a technology known as Graceland. See id. at 187-88.
Little claims that when Graceland was first introduced no
African-American employee received training on the new system
while the training was provided to all but one of his Caucasian
co-workers. See id at 189, 191, 194-199. He admits, however,
that three African-Americans (himself excluded) later received
the opportunity to work with Graceland. See id. at 191.
According to Little, his exclusion from Graceland decreased his
overtime work and made him more vulnerable to company layoffs.
See id at 195.
Without Graceland training, Little was reassigned as a Group 5
videotape operator in the Video Operations Department. See
Def.'s Little 56.1 ¶ 14; Little 56.1 ¶ 14. He insists that his
return to the Video Operations Department was a demotion because
he worked in a non-supervisory capacity as a Group 5 videotape
operator and did not receive daily upgrades to Group 7. See
Little 56.1 ¶ 14. Little further contends that, when a Group 7
position became available in August 1999, his supervisor Chris
Dee denied his request for this position. See Little Dep. at
201, 203, 205. Rather than posting the available position, Dee
offered the position to two Caucasian employees and eventually
promoted a Caucasian employee who was less experienced than
Little. See id at 212-14.
Little also alleges that, in 1999 and 2000, Dee did not
respond to his repeated requests for a promotion to an
AVID*fn16 editorial position. See Little 56.1 ¶ 17; Little
Dep. at 213. Although Little had received training on AVID in a
non-NBC course, he had no AVID editing work experience. See
Def.'s Little 56.1 ¶ 16. Little admits that on one occasion,
when he requested this promotion, in approximately late March or
early April 2000, there was no AVID editing position available.
See id. NBC contends that the AVID editing position became
available while Little was on disability leave in 1999 and, by
the time he returned and requested the position, it was no
longer available.*fn17 See Def.'s Little 56.1 ¶¶ 15, 17,18.
f. Little's Current Assignment and Formal Complaint
In approximately March or April 2000, Little began to work as
an AVID Digitizer/Dub Room Operator. See Def.'s Little 56.1 ¶
21; Little 56.1 ¶ 21. He claims that he had previously declined
this position because he sought a position as an AVID editor and
because the Digitizer work schedule conflicted with his
court-ordered child custody arrangement. See Little Dep. at
217, 257-258, 331, 335. In May or June 2000, NBC provided Little
with five weeks of training in AVID digitizing. See Def.'s
Little 56.1 ¶ 23; Little 56.1 ¶ 23. In this position, Little is
supervised by Patrice Murphy and receives Group 5 pay. See
Def.'s Little 56.1 ¶ 24; Little 56.1 ¶ 24.
On May 12, 2000, Little filed a Complaint with this Court
alleging the following claims: (1) racial harassment, race
discrimination and retaliation in violation of Title VII; and
(2) race discrimination and retaliation in violation of the
NYSHRL. See Complaint ("Little Compl."), Ex. B to Reynolds
Aff., ¶¶ 55, 59.
g. Continuing Denials of Little's Requested Work
Little also contends that NBC has routinely denied his
requests to work with the Olympics, a prestigious assignment
that provides opportunities for overtime and significant expense
allowances for travel. See Little Aff. ¶¶ 8-9. In addition, NBC
has repeatedly failed to honor his requests for a work schedule
that would allow him to comply with his court-ordered child
custody obligations. See Little Dep. at 229-30. He admits,
however, that NBC has made such accommodations for other
minority employees. See id.
Rivera, who is half Hispanic and one-quarter African-American,
was hired by NBC in 1982 as a Librarian in the Videotape
Department. See NBC's Rule 56.1 Statement of Undisputed Facts
("Def.'s Rivera 56.1") ¶ 1; Rivera's Response to
Rule 56.1 Statement ("Rivera 56.1") ¶ 1. When he was hired, Rivera was at
the Group 2 wage scale. See Def.'s Rivera 56.1 ¶ 8; Rivera
56.1 ¶ 8. In 1985, he was transferred to Technical Supplies.
Rivera claims that, from the beginning of his employment, his
co-workers, including Tony Soulet, a Hispanic co-worker, called
him "spic, Bombo, [and] cokehead" and posted cartoons with the
name "Bombo" on his desk. See Rivera Dep. at 46-47, 338; see
also Bloom County Cartoon, Ex. P to McBrayer Aff.; Def.'s
Rivera 56.1 ¶¶ 2-3; Rivera 56.1 ¶¶ 2-3. Rivera says that, around
1987 or 1988, he began to speak to NBC Director of Diversity Al
Jackson about "issues pertaining to minorities in the
workplace." Rivera Dep. at 285. In 1989, he became a Camera
Operator. See Def.'s Rivera 56.1 ¶ 3; Rivera 56.1 ¶ 3.
a. Rivera's Experience in the Videotape Department
In 1991, Rivera was transferred back to the Videotape
Department and promoted to Videotape Operator. See Def.'s
Rivera 56.1 ¶ 7; Rivera 56.1 ¶ 7. He enrolled in a six-week
training course to prepare for this position, after which he
received a raise to the Group 3 pay. See Def.'s Rivera 56.1 ¶¶
9-10; Rivera 56.1 ¶¶ 9-10. About this time, he claims to have
heard Director of On-Air Operations Don Brookfield say to
another person, "Puerto Ricans don't take care of their kids."
Rivera Dep. at 152.
In 1992, Rivera asked his supervisor Emil Marzullo for a "CMX
Editing Position." Id. at 172. Marzullo responded that he was
not sure a position was available. See id. at 175. Rivera
claims that he visited Marzullo approximately seventeen times to
"follow up" but that nothing ever came of his request. Id. at
181-82. Rivera also claims to have applied to work on the 1992
Olympics; his application was not approved. See id. at 220-21.
In 1993, Rivera was promoted to Videotape Supervisor but did
not receive a raise. See Def.'s Rivera 56.1 ¶¶ 11, 13; Rivera
56.1 ¶¶ 11, 13. Rivera alleges that Brookfield protested the
promotion, claiming he was not qualified for the position. See
Rivera Dep. at 147. Others allegedly complained about Rivera's
"huge attendance issues," and said that his promotion would
"cause a morale issue in the Department." Id. at 343. Rivera
claims that Brookfield launched a six-month investigation into
background and work record. See id. at 147. This
investigation, however, did not affect the promotion. See id.
After becoming a Videotape Supervisor, Rivera says that he
told Ron Lynah, a manager in the Videotape Department, that he
was seeking a position as a Technical Director. See id. at 71.
According to Rivera, although he requested ARPS training from
Lynah, he never received the training while Caucasian co-workers
did. See id. at 237, 244. On December 1, 1993, Rivera claims
he found the phrases "Bombo ill" and "Bombo sickness in family"
written on his schedule. Id. at 263-64. He "immediately logged
it" in the NBC labor relations log. Id. at 264; see also
12/1/93 Videotape Operations Log, Ex. Q to McBrayer Aff.
In 1994, Rivera again requested a promotion to Technical
Director by sending an email to Accarino, Steve Fastook (a
member of NBC management) and Lynah. See Rivera Dep. at 62. He
also requested training for the Technical Director position from
many people, including Technical Manager Alina Chaban, Manager
of Operations Robert Doherty, Accarino, and Fastook. See id.
at 245. He never received this training. See id. at 249.
Rivera's immediate supervisor in the Videotape Department was
Robert Doherty, who reported to Kevin Scott. See id. at 41.
Scott, who is African-American, was Director of Operations. See
id. at 38. Rivera and Scott had previously been quite close:
Rivera served as best man at Scott's wedding, they spent time
together socially outside of work, they vacationed together, and
Scott's son called Rivera "Uncle John." See Def.'s Rivera 56.1
¶¶ 16-19; Rivera 56.1 ¶¶ 16-19. Rivera claims that his friendship
with Scott deteriorated soon after Scott became his superior.
See Rivera Dep. at 42.
In 1994 or 1995, Rivera claims that Scott told him that
Accarino had referred to Ron Lynah and Max Collins, both
African-American managers, as "his pimps." Id. at 282-83. Also
around this time, Rivera claims that Kevin Mulrini, a co-worker
in the Videotape Department, saw Rivera take a videotape machine
and synchronize it with a television program. Rivera performed
this feat so rapidly that Mulrini allegedly yelled, "[he's] not
Puerto Rican, [he's] a white European." Id. at 259. When
Rivera's co-worker Jose Alvarez lost his job, Rivera claims
Mulrini looked at him and said, "I thought we were going to get
two for the price of one. What are you still doing here?" Id.
On February 23, 1995, Rivera emailed Rich Cervini and asked
him about becoming a Technical Director. See 2/23/95 email
from John Rivera to Rich Cervini, Ex. K to McBrayer Aff. On May
19, 1995, Rivera emailed Accarino about becoming a Technical
Director. See Rivera Dep. at 74-75; 5/19/95 email from John
Rivera to Accarino, Ex. L to McBrayer Aff. On May 24, 1995,
Rivera emailed Scott and Collins about becoming a Technical
Director. See 5/24/95 email from Rivera to Scott and Collins,
Ex. M to McBrayer Aff. Again, he was not promoted to or trained
for the position.
In May or June 1995, Rivera alleges that he was approached by
Scott and asked to "set up" two of his Caucasian coworkers for
disciplinary action. Rivera Dep. at 206. Rivera further alleges
that, in July of 1995, Scott told him to "ride [the] ass" of
Charles Giles, a Caucasian coworker. Id. at 206-07. Rivera
says that he refused these requests and accused Scott of
"act[ing] like the Caucasian NBC management." Id. at 208.
Rivera claims that he also heard Scott refer to his coworker
Ella Lafayette as a "fucking black bitch." Id. at 262-63.
On September 14, 1995, Rivera applied for the management
position of Scheduling Coordinator by sending an email to Scott,
Collins, and Doherty, among others, stating, "I would like to be
considered for the scheduling position that you may or may not
be creating." 9/14/95 email from John Rivera to Collins,
Doherty, Scott, Steve Milbrod and Art Waardenburg, Ex. N to
McBrayer Aff; Rivera Dep. at 198. Rivera claims that Scott
yelled and cursed at him after receiving this email. See
Rivera Dep. at 199-202. Rivera also claims that, on October 20,
1995, Scott accused him of drug abuse, ordered him to take
medical leave and threatened him with termination if he refused
to comply. See Affidavit of John V. Rivera ("Rivera Supp.
Aff."), Ex. R to Reynolds Aff.
b. Rivera's Demotion from the Supervisor Position
At some point around March 1995, Rivera was demoted from his
Videotape Supervisor position to the position of Videotape
Operation.*fn18 See Def.'s Rivera 56.1 ¶ 14; Rivera Dep. at
38. Scott and/or Doherty made the decision to demote Rivera
after a complaint made by an "internal `sports client.'"*fn19
Def.'s Rivera 56.1 ¶ 15; Rivera Dep. at 38, 269-70. At any rate,
Rivera was made a Videotape Operator once more; Tony Soulet, who
is Hispanic, replaced him as Supervisor. See Def.'s Rivera
56.1 ¶¶ 20-21; Rivera Dep. at 4647. Rivera claims that, after his
demotion, he received only "very infrequent" daily upgrades and
incurred "a significant loss of overtime." Rivera Dep. at 49-50;
see also Rivera 56.1 ¶ 21.
On May 16, 1996, Rivera testified on behalf of Giles, who had
filed a complaint with the NYSDHR. See Rivera Supp. Aff. ¶¶ 1,
3; Rivera Dep. at 375. In November 1996, Scott allegedly
"physically menaced" and "stalked" him by blocking his entrance
to the Rockefeller Center building. See Rivera Dep. at 376;
Ex. R to Reynolds Aff. ("Rivera Charge") ¶ 3(d). According to
Rivera, Scott stood "six, ten feet away" and stared him down and
did not make way for him to enter the building. Rivera Dep. at
376. Rivera says that he reported the incident to a union
representative. Id. at 381.
In the latter half of 1996, Rivera was assigned to work on the
"Maureen O'Boyle Show" ("O'Boyle"). See id. at 52. He claims
that, because his duties at "O'Boyle" did not give him the
opportunity to work overtime, he asked Doherty for a permanent
upgrade to Group 6 pay. See id. at 52, 115-118. When Doherty
refused, he allegedly told Rivera that giving him a raise would
cause "perception problems" and that he "didn't deserve it."
Id. at 120. Rivera also claims that his request to work on the
1996 Olympics was denied. See id. at 221-22; Rivera Charge ¶
3(b). When one of Rivera's co-workers asked at a staff meeting
later in 1996 why more minorities
weren't assigned to the Olympics, Accarino allegedly said that
it was not up to him because Laura Klein had that
authority.*fn20 See Rivera Dep. at 234.
c. Rivera's Experience on "Conan"
On June 3, 1997, Rivera was assigned to the Videotape
Department on "Conan" to "restore confidence" in the show. See
Def.'s Rivera 56.1 ¶¶ 22-23, Rivera 56.1 ¶¶ 22-23. Rivera had
previously been unassigned, because "O'Boyle" had gone off the
air. See Def.'s Rivera 56.1 ¶ 24; Rivera Dep. at 54. Rivera
admits that it was more "prestigious" to be assigned to one show
than to be unassigned. Def.'s Rivera 56.1 ¶¶ 24-25; Rivera Dep.
at 54. He also admits that the position resulted in increased
compensation through daily upgrades to Group 5 pay four days out
of the five-day work week. See Def.'s Rivera 56.1 ¶ 26; Rivera
Dep. at 56. Nevertheless, Rivera insists that the assignment was
a "downgrade" because the show had a "terrible reputation" and
his work on the show was less challenging. Rivera Dep. at 56.
Rivera claims that he protested this assignment to Chaban, who
referred him to Scott. See id. at 59. Scott purportedly
responded, "too bad." Id. at 60. Rivera claims that he
"immediately" applied for a Technical Director position. Id.
at 76-77. When he met with Fastook and Chaban, Fastook allegedly
agreed that the "Conan" assignment was a "setback."*fn21
Id. at 77. Rivera told Fastook that he would work on "Conan"
for six months, but that he then wanted to be promoted to
Technical Director. See id. at 81; Def.'s Rivera 56.1 ¶ 27.
Rivera did not know, however, of any open Technical Director
positions. See Def.'s Rivera 56.1 ¶ 28; Rivera Dep. at 81.
In June 1997, Rivera claims that Collins called him to Scott's
office for a meeting concerning his assignment to "Conan" and
his interactions with Chaban in particular. See Rivera Dep. at
313-14. After leaving the meeting, Rivera claims that he heard
Scott yell, "I'll wait for that motherfucker at the Port
Authority."*fn22 Id. A few weeks later, on July 3, 1997,
Rivera received a Written Letter of Warning from Chaban for
being absent from his assignment on "Conan". See 7/3/97
Written Warning Letter, ...