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Diane Brown v. Elmhurst Hospital Center

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 27, 2013

DIANE BROWN, PLAINTIFF,
v.
ELMHURST HOSPITAL CENTER, DEFENDANT.

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

MEMORANDUM & ORDER

Pro se plaintiff Diane Brown sues her former employer, Elmhurst Hospital Center ("Elmhurst"), for race, color, and national origin discrimination in violation of Title VII. 42 U.S.C. § 2000e. Elmhurst moves for summary judgment.

Plaintiff is African-American and from Jamaica. She worked as a provisional clerical assistant for defendant from 1998 until she was fired in 2010. During plaintiff's employment, plaintiff tallied up a number of warnings and three suspensions (ranging from three to 20 days) for "continued excessive and patterned lateness" and "continued excessive and patterned absenteeism." A couple of months before plaintiff was fired, she got into a spat with one of her supervisors and was sent home. Plaintiff complains that her supervisor disrespectfully questioned her work, but offers nothing to link this disagreement to illegal discrimination.

Plaintiff tenders no evidence that her race, color, or national origin-rather than her poor attendance and insubordination-contributed to her termination. Brown argues that other tardy and absent co-workers were not fired. But, even assuming that these co-workers are similarly situated to plaintiff, none of their attendance records rival Brown's in severity. See Table 1 and Table 2, below.*fn1

Table 1: Comparison of Employee Absences Plaintiff Jones Garcia 8 Boyd 6 Martich Calderon

Table 2: Comparison of Employee Tardiness 700 600 500 Plaintiff 400 Boyd Jones 300 Garcia Martich 200 Calderon 100 2009 2008 2007 2006 2003 2002

Plaintiff also alleges that defendants subjected her to harassment and a hostile work environment, pointing to a 2009 Christmas party at which, she alleges, her co-workers poisoned her. Plaintiff has no proof that she was poisoned and no proof that any of her co-workers took any actions against her based on her race or color.

For the reasons stated above, defendant's motion for summary judgment is granted. Because the Court finds that appeal from this order would not be taken in good faith, it denies Brown in forma pauperis status for the purpose of appeal. 28 U.S.C. § 1915(a)(3). The Clerk of the Court is ordered to close the case.

SO ORDERED.

RAYMOND J. DEARIE United States District Judge


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