Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

EVERSON v. NEW YORK CITY TRANSIT AUTHORITY

August 12, 2002

BENJAMIN EVERSON, PLAINTIFF,
V.
NEW YORK CITY TRANSIT AUTHORITY AND THOMAS CALANDRELLA, DEFENDANTS.



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

  MEMORANDUM & ORDER

In this employment discrimination action, plaintiff Benjamin Everson ("Everson") alleges that his employer, the New York City Transit Authority (the "NYCTA"), and his immediate supervisor at the NYCTA, Thomas Calandrella ("Calandrella"), discriminated against him on the basis of his race, in violation of Title VII and state and local law. The NYCTA now moves to dismiss certain of Everson's claims.*fn1 For the reasons set forth below, the NYCTA's motion is granted in part and denied in part.

BACKGROUND

Everson is an African-American male who commenced employment with the NYCTA on June 2, 1970. (Compl. ¶ 8.) Everson currently serves as a General Superintendent in the MOW Department, Division of Track. (Id.) Despite what he describes as his "exemplary work record" (id. ¶ 9), Everson has been denied promotions on nine separate occasions, with the promotion going to a white male each time (id. ¶ 10-11).*fn2 Specifically, Everson alleges as follows:

1. That on June 30, 1995, he applied and was interviewed for a Maintenance Officer's position in System Maintenance for Subways, but the position was given to Fitzroy Thomas, a black male with less experience and seniority.
2. That on September 22, 1995, he applied and was interviewed for a Maintenance Officer's position in Track Construction, but the position was given to Alfonse Wojcik, a white male with less experience and seniority.
3. That on October 6, 1995, he applied and was interviewed for a Maintenance Officer's position in Track Operations, but the position was given to Joseph Caiozzo, a white male with less experience and seniority and who, according to Everson, did not have the requisite skills for the position.
4. That on July 17, 1996, he applied and was interviewed for a Maintenance Officer's position in Structures and Equipment, but the position was given to Robert Buskirk, a white male.
5. That on September 13, 1996, he applied for a Maintenance Officer's position in Power Distribution, but the position was given to Frank Anses, a white male with less experience.
6. That on September 18, 1998, he applied for an Assistant Chief Track Officer's position in Subway Maintenance, but the position was given to Ralph Dellamonica, a white male with less experience and seniority, and whom Everson had trained.
7. That on May 26, 1999, he applied for an Assistant Infrastructure Officer's position in the Division of Maintenance of Way/Infrastructure, but the position was given to Frank Gaetano, a white male with less experience and seniority.
8. That on November 19, 1999, he applied and was interviewed for an Assistant Chief Electrical Officer's position, but the position was given to Richard Curcio, a white male with less experience and seniority.
9. That on March 17, 2000, he applied for a Chief Infrastructure Officer's position, but the position was given to Emiel Albano, a white male.

(Compl. ¶ 11(a)-(i).)

Everson alleges that, in each of the above-described instances, defendant Calandrella — Everson's supervisor and a Chief Track Officer (id. ¶ 7) — was the decision-maker who denied Everson's promotion request. (Id. ¶ 12.) Everson contends that the decisions to deny him promotions were due to Calandrella's bias against blacks. Everson alleges that Calandrella's bias is evident because: (i) Calandrella once described Everson as a "Nig" to NYCTA employee Guido Boniello, after which Boniello asked Everson, "What is a Nigger?" (id.); (ii) Calandrella once called another NYCTA employee a "Nigger," leading to a fight between Calandrella and the employee (id. ¶ 13); and (iii) similarly-situated white employees earned higher salaries than Everson (id. ¶ 14; see also id. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.