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.

Pathare v. Klein

September 12, 2008

SURESH PATHARE, SAMY ELGHAYESH, NADER SOLIMAN, AND GORDHAN PATEL, PLAINTIFFS,
v.
JOEL I. KLEIN, CHANCELLOR OF THE NEW YORK CITY DEPARTMENT OF EDUCATION, AND THE NEW YORK CITY DEPARTMENT OF EDUCATION, DEFENDANTS.



The opinion of the court was delivered by: Laura Taylor Swain, US Distrist Judge

MEMORANDUM OPINION AND ORDER

Plaintiffs Suresh Pathare ("Pathare"), Samy Elghayesh ("Elghayesh"), Nader Soliman ("Soliman") and Gordhan Patel ("Patel;" collectively, "Plaintiffs") bring this action against Defendant Joel I. Klein ("Klein"), in his official capacity as Chancellor of the New York City Department of Education ("DOE"), and the DOE (collectively, "Defendants"), alleging that Defendants failed to promote Plaintiffs based on Plaintiffs' national origin, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., the New York State Human Rights Law, New York Executive Law ("NYSEL") § 296 et seq., and the New York City Human Rights Law ("NYCHRL"), Title 8 of the Administrative Code of the City of New York. The Court has jurisdiction of this action pursuant to 28 U.S.C. §§ 1331 and 1343, and supplemental jurisdiction of Plaintiffs' state law claims pursuant to 28 U.S.C. § 1367.

Defendants' motion for summary judgment dismissing Plaintiffs' complaint in its entirety is now before the Court. Defendants' motion papers and Plaintiffs' opposition were both accompanied by a number of evidentiary submissions, and each party submitted a Statement pursuant to S.D.N.Y. Local Civil Rule 56.1. The Court has carefully considered all of the parties' submissions. For the following reasons, Defendants' motion for summary judgment is granted in its entirety.

BACKGROUND

The following facts are undisputed unless otherwise indicated. Plaintiffs Pathare and Patel are United States citizens of Indian national origin. (Forman Decl.: Pathare Affid. ¶ 2; Patel Affid. ¶ 2.) Plaintiffs Elghayesh and Soliman are United States citizens of Egyptian national origin. (Forman Decl.: Elghayesh Affid.¶ 2; Soliman Affid. ¶ 2). All Plaintiffs were, at all relevant times, DOE employees, assigned to the DOE's Department of School Facilities ("DSF") (Klepfish Decl. Ex. E ¶ 5.), which is responsible for maintenance, repair and operation of DOE buildings. (Pls.' 56.1 Stmt. ¶ 2.)*fn1

In 2004, DSF announced six openings for a newly created supervisory position, Regional Contract Manager ("RCM"). (Pls.' 56.1 Stmt. ¶¶ 4-5.) The job posting listed the minimum qualifications as follows:

To qualify you must be in the civil service title of construction project manager, associate project manager, supervisor electrical installation and maintenance, supervisor of mechanical installation and maintenance, engineer (civil, mechanical or electrical), senior estimator (construction, mechanical or electrical) or architect. In addition, all candidates must have a minimum of two (2) years supervisory experience and the following: effective communication and negotiation skills; experience in the contracting procedures of the Division of School Facilities; specific experience with PassPort Contracting and Work Order Modules; experience with Requirements Contracts and Job Order Contracting (JOC); and knowledge of Service Contracts procedures. (Klepfish Decl. Ex. N.) Elghayesh and Pathare applied for the RCM openings; Soliman and Patel did not. (Pls.' 56.1 Stmt. ¶¶ 8-9.)

Elghayesh and Pathare were among 26 applicants selected by DSF as meeting the minimum qualifications for the RCM position. (Pls.' 56.1 Stmt. at ¶ 11.) These 26 were interviewed individually by a panel of five DOE managers: Volkert Braren, Salvatore Spinale, Michael Fiore, Robert Deschak and Alice Carman. (Pls.' 56.1 Stmt. at ¶ 12.) The panel asked each candidate the following seven questions:

1. How you structure and/or organize your new position and department as Regional Contract Manager in this organization?

2. What steps would you take to insure accountability of the employees assigned to you?

3. How would you address problems with an employee related to productivity?

4. How would you address issues with quality of work of the employee and contractor?

5. What would you do if one of your inspectors believe there was hazardous material in the school and ...


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.