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Equal Employment Opportunity Commission v. Bloomberg L.P.

United States District Court, S.D. New York

April 28, 2014

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
BLOOMBERG L.P., Defendant. JILL PATRICOT, TANYS LANCASTER, JANET LOURES, MARINA KUSHNIR, MONICA PRESTIA, and MARIA MANKALAKIS, Plaintiff-Intervenors,
v.
BLOOMBERG L.P., Defendant

For Equal Employment Opportunity Commission, Plaintiff: Elizabeth Anne Grossman, Raechel Lee Adams, Robert David Rose, LEAD ATTORNEYS, Equal Employment Opportunity Commission, New York, NY; Ana Consuelo Martinez, EEOC, New York, NY; Christine Jiyeun Back, Kam Sau Wong, Konrad Batog, U.S. Equal Employment Opportunity Commission, New York, NY; Justin Mulaire, U.S. Equal Employment Opportunity Commission, Chicago, IL.

For Bloomberg L.P., Defendant: Eric S. Dreiband, LEAD ATTORNEY, Jones Day (DC), Washington, DC; Hannah M. Breshin, Sherron Thomas McClain, LEAD ATTORNEYS, PRO HAC VICE, Jones Day (DC), Washington, DC; Thomas H Golden, LEAD ATTORNEY, Willkie Farr & Gallagher LLP (NY), New York, NY; M. Carter DeLorme, PRO HAC VICE, Jones Day, Washington, DC; Stephanie Holmes, Tonya M. Osborne, PRO HAC VICE, Jones Day (DC), Washington, DC; Vicki Renee Walcott-Edim, Jones Day (NYC), New York, NY.

For Jill Patricot, Intervenor Plaintiff: Laurence Jay Lebowitz, LEAD ATTORNEY, Klein, Zelman, Rothermel LLP, New York, NY; Milo Silberstein, Dealy Silberstein & Braverman, LLP, New York, NY; William J. Dealy, Dealy & Silberstein LLP, New York, NY.

Page 335

MEMORANDUM & ORDER

LORETTA A. PRESKA, Chief United States District Judge.

Defendant Bloomberg L.P. (" Bloomberg" ) has moved for summary judgment [dkt. no. 574] dismissing Plaintiff-Intervenor Jill Patricot's (" Patricot" ) claims for post-resignation backpay under Title VII of the Civil Rights Act of 1964 (" Title

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VII" ), the New York State Human Rights Law (the " NYSHRL" ), and the New York City Human Rights Law (the " NYCHRL" ). For the reasons stated below, Bloomberg's motion [dkt. no. 574] is GRANTED.

I. BACKGROUND

The Court presumes familiarity with Patricot's allegations which are described in detail in the Court's order dated September 9, 2013 [dkt. no. 558] (" September 2013 Order" ). Accordingly the Court sets forth below only the facts most pertinent to the instant motion.[1]

Jill Patricot began working at Bloomberg in 1999. (Patricot Decl. ¶ 4.) In October 2004, when she was a Team Leader in Bloomberg's Sales Department, (Golden Decl. Ex. 10 (Patricot Peoplesoft Data)), Bloomberg became aware that Patricot was pregnant with her first child. (Id. Ex. 2 (Patricot et al. Am. Compl.) ¶ 59.) In November 2004, Bloomberg offered Patricot a promotion to Head of New York Global Data, which she accepted. (Id. Ex. 2 ¶ 60.) Patricot began her first maternity leave in April 2005 and returned to Bloomberg in September 2005. (Id. Ex. 10 (Patricot Peoplesoft Data).) Between 2004 and 2006 Patricot indicated in private conversations that she was considering leaving Bloomberg to pursue a career in a different field. (Id. Exs. 1, 3-9, 15-16.) However, there is no evidence that conversations of this nature continued after 2006.

In February 2006, Patricot was demoted from Head of New York Global Data to the position of data analyst. (Silberstein Decl. Ex. 2 (Patricot Dep.), at 138-39.)[2] Not long after the demotion, she obtained a new position in Bloomberg's Sales Department in March 2006. (Id. Ex. 2 (Patricot Dep.), at 169-70; Golden Decl. Ex. 10 (Patricot Peoplesoft Data).) When Patricot returned to the Sales Department, she asked her supervisor, Max Linnington, whether there were any Team Leader positions available, and he indicated that there was none. (Silberstein Decl. Ex. 2 (Patricot Dep.), at 170-71.) Nonetheless, during the next three years, thirty-nine non-managerial employees, including some employees who once reported to Patricot, were promoted to Team Leader. (Id. Ex. 2 (Patricot Dep.), at 170-72; id. Ex. 8 (Bloomberg's Responses and Objections to Patricot' First Set of Interrogatories), at Ex. 2.)

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Patricot began her second maternity leave in August 2006 and returned to Bloomberg in March 2007. (Golden Decl. Ex. 10 (Patricot Peoplesoft Data).) In February 2007, Bloomberg began a part-time program for certain departments of the company. (Golden Decl. Ex. 18 (Feb. 8, 2007 Email).) There is no indication that Patricot was eligible for or participated in this program.

On May 6, 2008 Max Linnington allegedly yelled at Patricot on Bloomberg's sales floor in front of other employees. (Silberstein Decl. Ex. 2 (Patricot Dep.), at 488-91.) Patricot become so distraught that it was necessary for two of her colleagues to walk her off the floor. (Id.)[3] Patricot began her third maternity leave the next day, on May 7, 2008. (Golden Decl. ¶ 20.)

In July 2008, Bloomberg announced a major internal reorganization of the company's departments and managers which, among other things, caused Max Linnington to be relocated to Dubai. (Golden Decl. Ex. 11 (Cooper 30(b)(6) Dep.), at 425; Id. Ex. 13 (Max Linnington Peoplesoft Data). In August 2008, Bloomberg launched a new part-time flexible work arrangement program. (Golden Ex. 12 (Jennings 30(b)(6) Dep.), at 61.)[4]

Patricot resigned from Bloomberg on January 2, 2009, while still on maternity leave. (Golden Decl. Ex. 2 (Patricot et al. Am. Compl.) ¶ 137.) Patricot claims that if she had returned to Bloomberg she would have reported directly to Tom Secunda, who Patricot claims was partially responsible for her demotion to data analyst in 2006. (Patricot's 56.1 ¶ J.) However, according to Bloomberg, there would have been at least three levels of supervisors between Patricot and Secunda. (Bloomberg's Reply 56.1 ¶ J (citing Golden Reply Decl. Ex. 23 (Patricot Peoplesoft data).) As a result of her resignation, Patricot forfeited a guaranteed bonus of about $150,000. (Patricot Decl. ¶ 3; id. Ex. B.)

Following her resignation from Bloomberg, Patricot unsuccessfully applied for positions at several companies. (Id. ¶ 5; id. Exs. C-D.) In July 2011, she and her sister founded a clothing company, which has not yet turned a profit. (Id. ¶ 6; id. Ex. E.) Patricot also is writing a book about her experience at Bloomberg and is currently seeking a publisher. (Id. ¶ 7.)

Patricot filed her complaint as an intervenor on October 25, 2007 [dkt. no. 7]. On September 9, 2013, the Court granted in part and denied in part Bloomberg's motion for summary judgment. (See September 2013 Order, at 58.)[5] The Court denied Bloomberg's motion for summary judgment with respect to Patricot's Title VII and NYSHRL discrimination claims arising out of her 2006 demotion and compensation decrease but granted Bloomberg's motion with respect to the remainder of ...


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