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April 22, 2002


The opinion of the court was delivered by: Scheindlin, District Judge.

                    OPINION AND ORDER

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.


A. The Parties

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.

Plaintiffs are all current employees of NBC who have been employed there for the last fifteen to twenty years. See Deposition of John Rivera ("Rivera Dep.") at 16-17, 249; Deposition of Marta Hogan ("Hogan Dep.") at 42; Deposition of Kyle H. Little ("Little Dep.") at 53, 311-12; Deposition of Gilbert Muro ("Muro Dep.") at 32; Deposition of Julie Anna Perez ("Perez Dep.") at 682-83. Since they were hired, plaintiffs have, all been covered by a Collective Bargaining Agreement (the "CBA") negotiated by their union, the National Association of Broadcast Employees and Technicians ("NABET"). See Scalici Aff. ¶ 7; Ex. MM to Affidavit of Christopher P. Reynolds, attorney for NBC ("Reynolds Aff."); Rivera Dep. at 249; Hogan Dep. at 42. This agreement provides a wage scale by job classification, with Group 1 having the lowest wage scale and Group 8 having the highest.*fn2 See Scalici Aff. ¶ 8. The CBA also provides a mechanism by which employees may receive the salary of a higher wage group on a temporary basis. "Daily Upgrades" are given when an employee temporarily performs the specific duties of a higher wage group. See id. ¶ 10. "Merit Upgrades" are given when an employee exhibits leadership and has a record of good punctuality, good attendance and a willingness and ability to take on more responsibilities than required of his or her job classification. See id. ¶ 11. Under the CBA, NBC has the discretion and authority to determine work assignments and job classifications. See id. ¶ 9.

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

1. Muro

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, 69-71.

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 "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 202-05.

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 id.

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"

Since his removal from "Rosie," Muro has continued to work as a Group 8 TD on a number of NBC shows. See Def.'s Muro 56.1 ¶ 29. According to Muro, he has been assigned to shows with some of the most undesirable shifts. In August 1998, he was assigned to "The Sunrise Show", which involved an overnight schedule from 2:00 a.m. to 10:00 a.m. five nights a week. See Muro Dep. at 260-62. Since September 1998, he has worked an "erratic" and "undesirable" weekend overnight shift on "Weekend Today". Id. at 263-65, 418-19. Three days during the week he sits on standby or performs fill-in work. See id at 266-67, 270.

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 [them]." Id.

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.

2. Hogan

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 ¶ 25.

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. See id.

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.

3. Little

a. Little's Experience in the Film Operations and Video Operations Departments

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 News. The 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 Playback System

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 told a former union supervisor, Max Collins, that he expected more from African-American employees than from their Caucasian counterparts. Scott explained to Collins that he bent over backwards not to show favoritism toward minorities because he was afraid that Accarino would fire him "if he was soft on African-American workers." See Affidavit of Max Collins, Ex. A to McBrayer Aff. ("Collins Aff.") ¶¶ 9, 10; November 6, 2001 Affidavit of Kyle Little attached to McBrayer Aff. ("Little Aff.") ¶ 4. According to Collins, Scott became increasingly angry and hostile and threatened to blow up NBC on numerous occasions before NBC removed him from the facility. See id. ¶ 12.

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 Operations

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.

On June 21, 2000; Little saw Ku Klux Klan robes hanging on the front of a wardrobe rack in the exterior hallway at NBC's headquarters. See Little Aff. at ¶ 10; Photograph of Robes, Ex. C to McBrayer Aff. Little further claims that during the Fall of 2000 employees were encouraged to watch a tape of an NBC employee, dressed in "blackface" that was shown over closed-circuit feed studio monitors throughout the NBC facility. See Little Aff. ¶ 12. He also claims that, in June 2001, he saw a noose hanging in the second floor videotape maintenance shop with the name of his African-American co-worker Joseph Meyers taped to it. See id. ¶ 11; Photograph of Noose, Ex. D to McBrayer Aff.

g. Continuing Denials of Little's Requested Work Assignments

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.

4. Rivera

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 his background and work record. See id. at 147. This investigation, however, did not affect the promotion. See id. at 349.

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, ...

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