United States District Court, N.D. New York
OF DENNIS F. IRWIN ATTORNEY FOR PLAINTIFF
OF THE NEW YORK STATE ATTORNEY GENERAL ATTORNEYS FOR
F. IRWIN, ESQ., ADRIENNE J. KERWIN, AAG
MEMORANDUM-DECISION AND ORDER
D'Agostino, U.S. District Judge
April 25, 2014, Plaintiff commenced this action alleging that
Defendants violated her rights under Title VII of the Civil
Rights Act of 1964, specifically 42 U.S.C. §
2000e-5(e)(1). See Dkt. No. 1. On August 22, 2014,
Plaintiff amended her complaint. See Dkt. No. 11.
November 11, 2014, the Court granted Defendants' motion
to dismiss, finding that Plaintiff failed to allege any acts
of discrimination within the 300-day statutory time period.
See Dkt. No. 19 at 7-8. The Court also permitted
Plaintiff one final opportunity to amended her complaint.
before the Court is Defendants' motion for summary
was employed by the New York State Department of Corrections
and Community Supervision ("DOCCS") from November
2006 until April 2013. See Dkt. No. 48-1 at ¶
1. In November 2006, Plaintiff began her employment with
DOCCS at Mount McGregor Correctional Facility ("Mt.
McGregor C.F."). See Id. at ¶ 2. Plaintiff
worked at Mt. McGregor C.F. until December 2010. See
Id. at ¶ 3. At Mt. McGregor C.F., Plaintiff worked
as a transitional services coordinator and veterans
coordinator. See Id. at ¶ 4.
McGregor C.F. had a medium security portion and a minimum
security portion: Plaintiff maintained offices in both
locations. See Id. at ¶ 5. During her time at
Mt. McGregor C.F., Plaintiff's direct supervisor was
senior correction counselor Jean Huff. See Id. at
¶ 6. Plaintiff claims that, while employed at Mt.
McGregor C.F., she faced harassment and discrimination
directed at her by, among others, Sergeant John Michaels,
Captain Murphy, Corrections Officer Kleinfeld, and Lieutenant
Sheridan. See Id. at ¶ 7.
December of 2010, Plaintiff lost her job at Mt. McGregor C.F.
as a result of a reduction in staff. See Id. at
¶ 8. In January 2011, Plaintiff began work at Great
Meadow Correctional Facility ("Great Meadow C.F.").
See Dkt. No. 48-1 at ¶ 9. At Great Meadow C.F.,
Plaintiff was employed as a correction counselor and her
direct supervisor was, at first, Robert Boissey, and
thereafter Cheryl Goodman. See Id. at ¶¶
10-11. Plaintiff's next-ranking supervisor was Karen
LaPolt, who was deputy superintendent of programs. See
Id. at ¶ 12. While employed at Great Meadow C.F.,
Plaintiff claims that she faced harassment and/or
discrimination directed at her by, among others, Corrections
Officers Scuderi, LaPointe, and possibly Dougherty,
"Tony, " and Kemp. See Id. at ¶ 13.
Great Meadow C.F., Plaintiff's regular schedule was
Monday through Friday, 8:00 a.m. through 4:00 p.m. See
Id. at ¶ 14. Plaintiff did not work on Friday,
April 13, 2012. See Id. at ¶ 15. On Monday,
April 16, 2012, Plaintiff worked for seven hours and thirty
minutes, having used thirty minutes of vacation time on that
day. See Id. at ¶¶ 15-16. Plaintiff worked
a full day on Tuesday, April 17, 2012 but was compensated
using time allowed to her under the Family and Medical Leave
Act for Wednesday, April 18, 2012. See Id. at
¶¶ 17-18. The last day upon which Plaintiff
reported to work at Great Meadow C.F. was April 17, 2012.
See Id. at ¶ 19.
February 7, 2013, Plaintiff filed a complaint with the Equal
Employment Opportunity Commission ("EEOC"). See
Id. at ¶ 21. On January 24, 2014, Plaintiff ...