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Uddin v. City of New York

August 13, 2009

JAMAL UDDIN, PLAINTIFF,
v.
THE CITY OF NEW YORK, NEW YORK CITY HUMAN RESOURCES ADMINISTRATION, MARLENE BARTHELEMYGRANT, DIR. OF SOCIAL SERVICES, VERONICA HEDRINGTON, DIR. OF SOCIAL SERVICES, ELAINE LEWIS, DIR. OF PERSONNEL, ERIC M. AMBROSE, DEPUTY DIR. HRA LABOR RELATIONS, DEBRA WEEKS, INFORMAL CONFERENCE HOLDER, MICHAEL FITZPATRICK, INFORMAL CONFERENCE HOLDER, AUDREY COOPER, INFORMAL CONFERENCE HOLDER, CECILE NOEL, DEPUTY COMMISSIONER, DEFENDANTS.



The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge

ORDER

Pro se Plaintiff Jamal Uddin ("Uddin") brings this action against Defendants City of New York (the "City"), the New York City Human Resources Administration ("HRA"), and a number of individual employees of the HRA (the "Individual Defendants"),*fn1 pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII"); 42 U.S.C. § 1983; New York State Executive Law §§ 296-97; and Title 8 of the New York City Administrative Code. Uddin claims that Defendants discriminated against him on the basis of his gender and national origin and retaliated against him for making formal complaints about the alleged discrimination.

Defendants move for summary judgment. On July 6, 2009, Magistrate Judge Debra Freeman issued a Report & Recommendation ("R&R") recommending that the Court grant Defendants' motion. The Court has reviewed the R&R, as well as Uddin's timely objections. For the reasons that follow, the Court adopts Magistrate Judge Freeman's findings and recommendations, and Defendants' motion for summary judgment is GRANTED.

BACKGROUND

I. Facts*fn2

From January 2004 until December 2007, Uddin, a male of Bangladeshi national origin, was employed at New Day, a domestic violence shelter run by the City. Uddin's position, which he held throughout his employment at New Day, was "Supervisor I." His supervisors, in turn, were Defendants Marlene Barthelemy-Grant ("Barthelemy-Grant") and Veronica Hedrington ("Hedrington"), both of whom are African-American women.

Uddin alleges that he was subjected to a host of discriminatory and retaliatory actions between 2005 and the end of his employment in 2007. Specifically, Uddin claims that: (1) during 2005, Barthelemy-Grant and Hedrington made inappropriate remarks about his appearance and mannerisms, denied him vacation time, and filed baseless disciplinary charges against him; (2) beginning in 2005, he was denied both "flex-time," which allows employees to make slight adjustments to their work hours, and promotions; (3) in March 2006, Barthelemy-Grant ordered him to leave the workplace when he was not on duty, and subsequently called the police when he refused to leave; (4) in August, October, and November 2006 and January 2007, he was subjected to additional disciplinary charges; (5) in October 2006, an Internet news article about domestic violence in India was posted on a workplace bulletin board at the direction of Barthelemy-Grant; (6) beginning around November 2006, his supervisory duties were decreased and he was assigned duties beneath his level of experience and qualifications; and (7) in January 2007, his office was moved, he was occasionally forced to share the new office, and he was required to keep the new office unlocked.

II. Procedural History

Uddin filed a complaint with HRA's Equal Employment Opportunity Office ("EEO") on February 19, 2006, alleging discrimination on the basis of his gender and national origin. In March 2006, EEO concluded that Uddin had failed to establish a connection between the allegedly discriminatory actions and his gender or national origin.

On November 24, 2006, Uddin filed a charge of discrimination and retaliation on the basis of his gender and national origin with the Equal Employment Opportunity Commission ("EEOC"). The EEOC determined that Uddin had failed to show that the allegedly adverse employment actions were motivated by his gender or national origin. Nonetheless, it provided him with a right-to-sue letter.

Uddin commenced the present action on February 23, 2007. The case was assigned to this Court, which in turn referred it to Magistrate Judge Freeman for general pretrial. On April 15, 2008, after the close of discovery, Defendants moved for summary judgment.

III. Magistrate Judge Freeman's R&R

In her R&R dated July 6, 2009, Magistrate Judge Freeman presented a detailed review of the facts and a thorough analysis of the applicable law. She recommended that the Court grant Defendants' motion for summary judgment and dismiss Uddin's claims.

First, Magistrate Judge Freeman held that HRA was not an appropriate defendant for any of Uddin's claims because City agencies cannot be ...


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