Full opinion text
OPINION CHIN, District Judge. In this action, plaintiffs allege that the New York City Department of Parks and Recreation (“Parks”) violated federal, state, and city discrimination laws. Plaintiffs, eleven African-American and Hispanic current and former Parks employees, allege that defendants engaged in a pattern and practice of employment discrimination on the basis of race, color, and national origin. They allege also that defendants engaged in a pattern or practice of retaliation against employees who attempted to oppose the discriminatory practices. Plaintiffs sue on their own behalf as well as on behalf of similarly situated individuals. Before the Court is defendants’ motion for summary judgment dismissing certain class claims and certain individual claims. As part of the motion, defendants also seek to exclude the reports and testimony of plaintiffs’ expert witnesses, pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). Except to the extent set forth below, defendants’ motion is denied, for plaintiffs have presented substantial, concrete evidence to support their claims of discrimination and retaliation. Plaintiffs’ statistics, for example, show that in 2000, the year before this lawsuit was filed, 92.9% of the Parks employees earning less than $20,000 per year were African-American or Hispanic, while only 14.2% of those earning between $50,000 and $60,000 per year were African-American or Hispanic. Plaintiffs have also presented evidence of discriminatory remarks by high-ranking Parks officials as well as evidence of subjective and ad hoc employment practices that created roadblocks to advancement, including, for example, the filling of vacancies based on personal connections without posting or other public announcement. Plaintiffs have also presented evidence that Parks officials repeatedly retaliated against class members who complained of discrimination. Class members, for example, were denied promotions and raises after they complained. Indeed, two of the named plaintiffs were assigned to work in basements after they complained. A reasonable jury could find from this and other evidence in the record that Parks engaged in widespread discrimination against African-American and Hispanic employees, in terms of promotions and compensation, and that Parks engaged in widespread retaliation against those who opposed what they believed to be discriminatory practices. I conclude, however, that plaintiffs have not presented sufficient evidence to sustain their claims that defendants engaged in a pattern or practice of assigning employees and allocating funds based on race. Likewise, I conclude that plaintiffs have not presented sufficient evidence to support their hostile environment racial harassment claim. Accordingly, defendants’ motion for summary judgment is denied in part and granted in part. Defendants’ request for preclusion of the testimony of plaintiffs’ experts is denied. BACKGROUND A. The Facts Construed in the light most favorable to plaintiffs as the parties opposing summary judgment, the facts are as follows: 1. The Parties a. Plaintiffs The named plaintiffs — Carrie Anderson, Walter Beach, Jacqueline Brown, Angelo Colon, Paula Loving, Odessa Portlette, David Ray, Elizabeth Rogers, Henry Roman, Kathleen Walker, and Robert Wright — are current and former Parks employees who are African-American or Hispanic. The named plaintiffs are long-time Parks employees, some of whom have been employed at Parks for as many as twenty-five or thirty years. All but one (Beach) were denied promotions because they applied for positions and were rejected or they were unable to apply because the positions were not posted. Eight of the eleven (Brown, Colon, Loving, Portlette, Rogers, Roman, Walker, and Wright) contend they were paid less and/or received fewer discretionary pay raises than comparably situated Caucasian employees. Seven of the eleven (Beach, Brown, Colon, Portlette, Roman, Walker, and Wright) contend that after they complained of discrimination, they were subjected to adverse and retaliatory treatment. b. Defendants Parks is an agency of defendant City of New York (the “City”). (Compl. ¶ 16). Defendant Henry Stern, who was Executive Director of Parks in 1966, served as Commissioner of Parks during the Koch and Giuliani mayoral administrations, from in or about 1983 until 1989 and from 1995 until February 2002. (Stern Dep. at 38, 43, 49, 61). Defendant Adrian Benepe has been the Parks Commissioner since February 2002. Benepe worked at Parks as a seasonal employee for several years during the 1970s. After joining Parks full-time as an Urban Park Ranger in 1982, Benepe served in a variety of positions before his appointment as Commissioner by Mayor Bloomberg. (Benepe 12/23/05 Decl. ¶¶4-8). Stern and Benepe are sued in both their individual and official capacities. 2. Parks a. Overview Parks is responsible for the care of more than 4,000 City properties, covering almost 29,000acres of parklands, 7 public beaches, 993 playgrounds, 608 ball fields, 63 swimming pools, 36 recreation areas or senior citizen centers, 17 golf courses and driving ranges, 6 ice skating rinks, 5 major stadia, more than 500 tennis courts, 22 historic house museums, hundreds of statues and monuments, and more than 600,-000 street trees. (Id. ¶ 2). Parks’ mission is to keep the City’s parklands safe and clean, while also providing quality recreational opportunities to the public. (Id. at ¶ 3). The Commissioner is responsible for the overall operation of the agency. The Commissioner appoints Deputy, Borough, and Assistant Commissioners who are responsible for managing the agency divisions. (Id. ¶ 9). During Stern’s term as Commissioner, the third floor of the Arsenal in Central Park served as the main headquarters for central management and high-level employees (“Arsenal Officials”). (Moss Dep. at 16-17, 202-04; Garafola Dep. at 52-53; Spiegel Dep. at 311). In addition, each borough has its own headquarters and a management team, composed of a Borough Commissioner, Chief of Operations, and a Deputy Chief of Operations. (Benepe 12/23/05 Deck ¶¶ 10, 25-26; Stark Deck ¶ 35; Stern Dep. at 66-67). b. The Workforce Although the numbers fluctuated over time, Parks employed roughly 3,400 to 5.000 full-time year-round employees at a time during the period in question. Some 2.000 to 4,000 were formal year-round employees and some 1,400 to 1,600 were “seasonal” employees who were paid from the seasonal budget but worked year-round. An additional 3,000 to 7,000 employees worked on a seasonal basis only. (Benepe Deck ¶ 9; Schneider Report Table C — 1; Stark Dep. at 481-82, 486; Stark Dep. at 327-30; Stark Deck ¶22). In addition, there are “seasonal step-up” positions, which involve a year-round employee receiving a temporary, seasonal promotion to a supervisory function. (Stark Deck ¶ 24). When an employee receives a seasonal step-up, his regular salary is paid out of the full-time budget but the temporary increment is paid out of the seasonal budget. (Id.). Between January 1,1997, and December 31, 2003, Parks employed 6,295 full-time, year-round employees. Of these, 15 were Native American, 227 were Asian-American, 1,163 were Hispanic, 2,124 were African-American, 2,753 were White, and 13 were unknown. (Schneider Deck ¶ 13 (class members approximately 52.2%; White 43.7%); cf. Stark Deck ¶ 3 (48% class members)). c. Employment Classifications and Regulations The terms and conditions of employment at Parks are subject to both the civil service structure and the union contracts in place in New York City. (Stark Deck ¶ 6). As of December 2005, 94.3% of full-time Parks employees were unionized. (Id. ¶ 12). Each union contract sets salaries, including minimum and maximum salaries where applicable, and provides for non-discretionary salary increments. (Id. ¶ 14). Employees covered by unions work in non-management positions. (Terhune Dep. at 44). For managerial employees, compensation is determined by the “Managerial Pay Plan,” which sets minimum and maximum salaries for employees at eight assignment levels. (Stark Deck at ¶ 16). The Mayor’s Personnel Order sets forth revision to those salaries. (Id.). Under the New York State Constitution, all public employees are “civil service” employees. (Id. ¶ 7). There are 220 civil service job titles at Parks, 184 of which are actively held by Parks employees. (Id. ¶ 8; Schneider Deck ¶ 15). One position, “Commissioner,” is “unclassified,” and all other positions are “classified.” Classified service is divided into four classes — exempt, non-competitive, labor, and competitive, with “[t]he majority of titles ... in the competitive class.” (Stark Deck ¶¶ 8-9). Employees in different classes are subject to different terms of employment with exempt and non-competitive classes serving at the will of the appointing officer. (Id. ¶ 10). Under civil service law, appointments and promotions of employees in the competitive class are to be made either permanently from a civil service list of employees who have passed an examination or, where no employees are on the civil service list, by provisional appointment. (Stark. Decl-¶ 10). The Parks Working Conditions Agreement, which was in force during the times relevant to this lawsuit, provides that provisional promotions shall be made by seniority. (PI. Dep. Ex. 42 ¶ 7; Stark Dep. at 337-38). For most or all of Stern’s term as Commissioner, citywide examinations were not given for a number of positions. From at least as early as 1995 until 2000 or 2001, the City did not administer civil service examinations for the title of Park Supervisor, Principal Park Supervisor, Associate Park Service Worker, Urban Park Ranger, Recreation Assistant, and Recreation Supervisor. (Def.Resp.Pl.RFA ## 258-59, 277-78, 280-81). As a result, employees in the competitive class frequently served on a provisional basis, which allowed them to advance without passing a civil service examination. (Terhune Dep. at 154; Lawless Dep. at 291-92). In addition to civil service titles, Parks uses “in-house” titles for its employees. Typically, in-house titles are more descriptive of the employee’s actual role and responsibilities at Parks. (Terhune Dep. at 133-35). Though there may sometimes be a correlation between certain in-house titles and civil service titles, there is no Parks document setting forth which in-house titles correspond to which civil service titles. (Id. at 143^8). 3. Evidence of Discrimination In support of their claims of discrimination, plaintiffs have offered evidence of: (a) statistical imbalances, (b) discriminatory comments purportedly made by Stern and other Parks management officials, (c) displays of nooses, (d) discriminatory practices in awarding wage increases, (e) discriminatory practices in promotions, postings of vacancies, and the interview process, (f) the discriminatory nature of the “Class Of’ program, and (g) discriminatory decisions regarding assignments, funding, and staffing. a. Statistics In terms of salary, plaintiffs’ statistics show a significant disparity, as the lower-paid positions are overwhelmingly held by class members while class members hold only a small percentage of the higher paid positions. For example, class member composition by income group in 2000 was as follows: Percentage Salary Class Members Less than $20,000 92.9% $20,000-$30,000 68.8% $30,000-$40,000 54.3% $40,000-$50,000 30.2% $50,000-$60,000 14.2% $60,000-$70,000 20.7% $70,000 + 13.3% (Schneider Rebut. App. Table A-6; Ex. ETH-00001; see also PI. Dep. Exs. 64 & 186). Likewise, controlling for job title, class members were paid between $16.44 and $32.59 less than Caucasian members on a bi-weekly basis between 1997 and 2003. (Schneider Rebut. Table 2). Without controlling for job title, class members were paid from $283.25 to $364.09 less than Caucasians on a bi-weekly basis over the same time period. (Id.). With respect to pay growth from a starting salary of $30,000 in January 1997, the salaries of Caucasians increased, on average, at a 4% higher rate than class members’ salaries. (Schneider Rebut. Table 4; App. Table A-14). Similarly, Stern and Benepe recommended salary increases 2.5% greater for non-class members than for class members. (Schneider Report ¶¶ 72-73). Moreover, non-class members received significantly higher average salaries than class members for each year from 1996 to 2003. For non-managers, the difference in salaries ranged from $6,909 in 1996 to, increasing steadily each year, $9,994 in 2003. (Schneider Rebut. App. Table A-9). For managers, the difference ranged from $5,284 in 1996 to $7,957 in 2001 to $3,407 in 2003. (Schneider Rebut. App. Table A-8). With respect to promotions, class members suffered statistically significant lower probabilities of receiving “wage promotions” than Caucasians, controlling for job title, experience, and tenure. (PI. Mem. at 25; Schneider Rebut. Table 3 (ranging from 4.2 to 5.23 standard deviations)). From 1996 until 2003, class members made up between 50% and 56% of the non-“Class Of’ Parks workforce. (Schneider App. Table A-5). Nevertheless, they constituted only some 18 to 23% of the managerial workforce from 1996 to 2001. After the filing of this lawsuit, the number of class members in the managerial workforce increased to around 25% in 2002 and 2003. (Schneider Rebut. Fig. 4, App. Table A-4). A review of the in-house rosters shows that non-class members received 70.9% of the managerial in-house promotions from July 1995 to August 2004 while class members received 29.1% of those promotions. (Schneider Rebut. Fig. 13). Though the parties dispute what constitutes a promotion, defendants’ own records show 77% of promotions going to non-class members in 1998 and 82% of promotions going to non-class members in 1999. (PI. Dep. Ex. 85 (41 out of 53 promotions went to non-class members in 1998 and 53 out of 65 promotions went to non-class members in 1999)). As of February 2000, all 27 Principal Parks Supervisors were Caucasian and approximately 72% of Parks Supervisors were Caucasian. (Ex. ETH 0078). Moreover, plaintiffs’ expert Kathleen Lundquist, Ph.D., created a database containing overall panel interview scores for applicants for certain positions between 1995 and January 2004. (Lundquist Report at 12). The race of each applicant was tracked according to the DCAS database or the interview panel summary rating form. Based on her analysis of this database, Lundquist concluded that class members received statistically significant lower interview scores than Caucasians. (Id,. at 12-13). As EEO Officer, Lesley Webster met weekly with Stern and submitted investigation reports and status reports to Stern. Webster testified that she informed Stern that minorities were underutilized in Parks management positions. (Webster Dep. 280-86). Indeed, in January 1997, the City Equal Employment Practices Commission (“EEPC”) issued a report finding significant underrepresentation of class members in numerous job titles and managerial titles at Park. (Pl.Ex. 67 at 7-9). Parks’ reports to the EEPC for the years 1998-1999 contained a section describing the steps Parks would take to address the underutilization of women and minorities in certain positions. (See PI. Dep. Ex. 89b-h). b. Comments i. Stern Stern’s former employees describe him as “eccentric” (e.g., Ricciardone 12/04/02 Dep. at 21) and a “combination of Groucho Marx and Woody Allen” (Benepe DOJ Int. at 57), and there is much in the record to support these characterizations. For example, Stern developed “Parks nicknames” for Parks employees, which were included in the agency-wide manual and by which he referred to employees, even during depositions. (E.g., Def. Vol. II, Ex. 24; Stern Dep. at . 35 (“Gorilla” and “Gorilla Gorilla”), 135 (“Zorro”), 258 (“Igor”), 386 (“Home Boy”)). Various Parks employees reported that Stern made fun of everyone, regardless of race, including himself. (Benepe DOJ Int. at 57-58; Castro DOJ Int. at 81). Stern prides himself on not being politically correct. (Stern Dep. at 250-54). From the evidence on the record, a reasonable jury could find the following: • Stern said to Tanya Bowers, a former employee of Parks who is Jewish and African-American, “It’s wonderful, Tanya. You look black, but when you talk, I know you’re Jewish. I can bring you home and know that the silverware will still be there when you leave.” (Bowers Dep. at 203). • Responding to a complaint of discrimination in promotions forwarded from the Mayor’s office, Stern asked the complainant, Bernard Lewis, whether he was a drug addict or drank on the job. (Lewis Aff. ¶¶ 7-9). • Stern attributes the lack of African-Americans in managerial positions to the “smaller number of blacks who are able to perform managerial positions.” (Stern Dep. at 150). He further explained that this was because of “background, because they have not in a sense climbed the ladder.” (Id. at 150-51). • Stern believed, as he testified, that class members “racialized” conflicts with non-class member employees. (Id. at 159). • At a going away party for a Parks employee who was leaving to attend Yale Law School, Stern said that he was “pleased” the departing employee would be attending Yale “where he could meet and rub arms with important people like the DuPonts and the Rockefellers and also he could rub elbows with the quota kids.” (Beach 4/3/03 Dep. at 196-97; Stern Dep. at 257-59; Castro Dep. at 152-53 (testifying that he interpreted “quota kids” as referring to African-Americans and Hispanies)). • While walking with his dog, Boomer, Stern told a group of Chinese children that “they could pet Boomer, but not eat him.” (Stern Dep. at 33). Stern described the incident as “warm and affectionate” and “clearly a joke rather than a remark denigrating anyone.” (Id. at 33, 37). Nevertheless, he apologized when an adult complained about the incident, clarifying that he had not meant to offend anyone. (Id. at 36). • Stern recommended that “Class Of’ employees — who are recruited primarily from elite colleges through a program described in more detail below — read The Bell Curve, a book describing purported differences in levels of intelligence among racial groups. (Bowers Dep. at 133-34). Other Parks officials testified that they had heard that Stern had a reputation for making racial remarks. Castro testified that he occasionally heard Stern use “racial references” in a derogatory manner. (Castro Dep. at 155). Likewise, Moss admitted that Stern had a reputation for making derogatory remarks. (Moss Dep. at 148). ii. Other Parks Employees Plaintiffs also point to statements and conduct of other Parks employees. For example, • Robert Garafola, a Deputy Commissioner under Stern, wrote “incompetent people accusing racism” though he admitted that he did not know all of the plaintiffs who had filed lawsuits. (Garafola 9/10/03 Dep. at 122-23). Further, Garafola admitted that there was merit in the statement that minorities had been underrepresented in management and middle management at Parks. (Id. at 30; Garafola Dep. at 12/30/02 at 285). Though Garafola attempted to attribute this underrepresentation to few minorities passing the required tests, he admitted that Parks employees were promoted without taking civil service tests. (Garafola 9/10/03 Dep. at 30-33). • Charlie Cousins, a Caucasian Parks Supervisor in Manhattan, said to class member Jose Cintron, “[Y]ou people are a bunch of animals” in reference to the Puerto Rican Day Parade. (Cintron Dep. at 48^49). He also repeatedly referred to Cintron as a “stupid spic.” (Id. at 56). In the presence of Cintron, Cousins also said to class member Richie Laylock, “you are a stupid black Mother Fucker.” (Id. at 53-55). • In March 1999, in a Brooklyn Parks facility, Greg Dawson, Brooklyn’s Deputy Chief of Operations, said to Henry Roman, “[W]hat kind of Puerto Rican are you that you don’t carry a knife.” (Roman Dep. 9/4/02 Dep. at 73; Roman 1/16/03 Dep. at 213-14). • Patricia Gracia, a Caucasian supervisor, muttered “black bitch” under her breath when class member Arlene Dunbar refused to sign a supervisory conference report dated August 15, 1998. (Dunbar Dep. at 123-24,139). • Class member Dennis Moody heard that Phil Rabena, a Caucasian Supervisor on Staten Island, asked an African-American WEP worker named Montgomery to pull down his pants to see if black men had larger penises than whites. Moody learned this from three workers who were present at the incident and the WEP worker. Verne Reilly, a Caucasian Parks Supervisor and EEO representative on Staten Island, encouraged the WEP worker to report the incident. (Moody Dep. at 30-34; PL Dep. Ex. 537). Thereafter, Reilly informed Webster that he was concerned Rabena would retaliate against him. (PL Dep. Ex. 537; Webster Dep. at 620-22). Indeed, Reilly was transferred shortly thereafter from Staten Island, where he lived, to Harlem, purportedly for disciplinary reasons. (Reilly Dep. at 58). • In August 2001, Jack Bero, a Caucasian supervisor, made a joke containing the phrase, “It’s time to get the niggers out of here.” (As Salaam Dep. at 88-89). • Following a catered special event at the Historic House in the Bronx, Kathleen Walker overheard Commissioner Linn say, “[I]f you give them maybe the bottles that are halfway open, ... maybe they won’t steal the rest of the bottles.” (Walker 9/17/02 Dep. at 106). iii. Nooses In 1998, a noose was found hanging from a pipe in' the Forestry Office in Staten Island. (Webster Dep. at 315; Moody Dep. at 124-28). A picture of a black man was on the wall behind the pipe so that the head of the man in the picture could be seen through the opening of the noose. (Moody Dep. at 124-28). The noose was removed after a Parks employee complained. Though a complaint was filed, it is unclear whether an investigation was conducted. No one was disciplined for hanging the noose. (Webster Dep. at 315-16). In 2000, a noose was hung on a forestry truck in Queens. (Webster Dep. at 319— 20, 688-90; PL Dep. Ex. 9). Webster testified that she “conducted an investigation!;,] • • • found ... that the noose was taken ... down, that they were not sure who put the noose up and how long it had been there, and that was it.” (Webster Dep. at 320). Again, no one was disciplined. Webster did not refer either allegation to the City’s Advocate’s Office, and she was unable to specify whether she dealt with the nooses in subsequent trainings. {Id. at 320-22, 692). Each October, between 1995 and 1997 or 1998, Susan Silvestro, a Caucasian supervisor, hung a noose in her office at FiveBoro on Randalls Island, apparently as part of a Halloween display. (Silvestro 4/15/03 Dep. at 180-81, 185; Portlette 8/26/02 Dep. at 89-90; Green Dep. at 124-36). Silvestro continued to display the noose even after an African-American employee complained. (Green Dep. at 125-36). Stern acknowledged that he was aware that a noose was placed on Parks property in 1998 or 1999 and that McCoy had complained about it, but he did not know if Parks investigated it. (Stern Dep. 159-63). Stern explained that McCoy was of “limited capacity.” {Id. at 160). Further, while he understood that nooses could be offensive to African-Americans, Stern did not order any investigation of the nooses on Parks property though he considered them “childish” and “silly.” {Id. at 163-68). From January 1, 1995, until August 20, 2004, defendants did not discipline any Parks employee for displaying a noose on Parks property. (Def. Resp. PI. RFA # 457). iv. Wage Increases and Promotions When an employee was recommended for a wage increase or promotion, a Planned Action Report form (“PAR”) was prepared identifying the candidate and proposing an increase or promotion but leaving a blank for the salary and Stern’s signature. (Stark Dep. at 64-65, 69, 259-61, 274-81). David Stark, who oversees the Personnel Department as Chief Fiscal Officer of Parks, would bring these forms to Stern, and together they would review the proposed action. {Id. at 273-74). If Stern approved a request, he would determine a salary and write it on the PAR form. {Id. at 221, 270-78; Terhune Dep. at 56, 65). Generally, Stern did not consult Civil Service law or collective bargaining agreements in determining the salary. (Stark Dep. at 276-78 (observing that Stern filled in salary on PAR forms without consulting any guidelines but also noting that Stern knew the salary structure of the agency)). After Stern approved a planned action and determined a salary, Stark and Terhune would select a civil service title that matched the salary selected by Stern. {Id. at 285-89). Thus, the salary determined the civil service title the employee would receive. {Id.). In some circumstances, employees would have received a change in their in-house titles prior to a PAR being submitted and approved. These individuals, however, would not be eligible for a salary promotion until the PAR was approved. {Id. at 264). In the case of year-round employees paid from the seasonal budget, the PAR would be implemented after Stern signed it. {Id. at 288). In the case of employees paid from the regular Parks budget, Stark and his associates would fill in the “justification” on the PAR after Stern set the salary and signed the form. {Id. at 257-59, 288-89). The completed PARs for these employees would then be sent to City Hall for approval. {Id. at 293). Stern had ultimate authority to approve or disapprove a job action. {Id. at 270-78; Stern Dep. at 18). In practice, he generally approved the action recommended by his subordinates though sometimes he did not approve salary increases at the level recommended by them. (Stern Dep. at 18; Stark Dep. at 280-85). The level of the raise was almost always determined by the Commissioner. (Stark Dep. 276-68 (“I never knew what [number] he was going to put in there until he did it.”)). Stern said he did not want “to stigmatize” minorities by giving them a plus for diversity, but he nonetheless stated that all things being equal, he would give a slight preference to a minority to help to create diversity. He could not think of an employee to whom he had given that benefit. (Stern Dep. at 315-16). v. Postings and Interviews The City of New York Affirmative Employment Plan for 1991 requires that Parks notify employees when job openings occur. (Pl. Dep. Ex. 3 at 5). The City’s Personnel Policy, dated June 30, 1998, requires that vacancy notices be posted. (Id. Ex. 45). Likewise, the Citywide Contract, which applied to Parks as of May 24, 1998, and the Parks Working Conditions Agreement require that Parks post notices of job positions, including promotional provisional vacancies, two weeks before the positions are filled. (Def. Resp. RFA ## 60-62; Pl. Dep. Ex. 42 at 2). Since 1994, Stark has maintained a policy that all job vacancies are to be posted. (Stark Dep. at 83-88). Despite these requirements and policies, Parks did not have an official policy regarding the posting of vacancies and regularly failed to post vacancies prior to the filing of this lawsuit. (Terhune Dep. at 180, 405-06; Stark Dep. at 83-88). Indeed, when the personnel department received notice of a vacancy, Terhune would ask whether he had “the go ahead” to post the position. (Terhune Dep. at 406). Between 1995 and March 1999, there were no postings for the following in-house positions: Borough Chief of Operations; Chief of Recreation; Chief/Director of Recreation; Deputy Chief of Operations; Assistant to the Commissioner; and Chief of Staff. (Def. Resp. Pl. RFA # 74). There were no postings for Principal Parks Supervisor (“PPS”) positions during 1995, 1997, or 1999 (Def. Resp. Pl. RFA # 76), and the majority of the PPS positions available during these years went to non-class employees. (Ex. ETH 00078). Terhune counted 34 postings for 1995; 11 for 1996; 32 for 1997; 36 for 1998; 62 for 1999; 97 for 2000; 111 for 2001; and 222 for 2002. (Terhune Dep. at 442, 447, 449, 453, 456, 467; Terhune 1/6/03 Dep. at 146, 165). For at least some of these years, many more promotions occurred than were posted. (Pl. Dep. Ex. 85. (at least 53 promotions in 1998)). Parks did not have any formal policy for selecting employees for non-posted positions. (Def. Resp. Pl. RFA # 232). Promotions to managerial positions were sometimes made by Arsenal Officials without the knowledge or input of Borough Commissioners. (Spiegel Dep. at 215-17, 237-39). Further, it was not unusual for Stern or other officials to personally choose employees for seasonal step-ups. (Terhune 1/6/03 Dep. at 34-37). Even when a position was posted, interviews were not always held. During the relevant time period, Parks did not have a written policy regarding when interviews should be used to fill vacant positions or how to determine which applicants should be interviewed. (Def.Resp.Pl.RFA ## 130-31, 144-45). Sometimes an interview would serve only as a formality; an employee previously selected for a position would interview while other employees would not be given the opportunity to interview. For example, in 1995, Wright approached Assistant Commissioner of Recreation, Rosemary O’Keefe, to request a transfer to the Asser Levy Center, a top facility in Manhattan, which had posted an open position. (Wright 3/26/03 Dep. at 33-35). After making his initial request, Wright was told that Asser Levy was no longer available. In fact, Lynda Riceiardone, a Caucasian, had accepted the position at Asser Levy. In contrast to Wright, however, Ricciardone had not applied for the position or even been aware of or had an interest in the position when the Manhattan Chief of Recreation called her to offer her the position. (Ricciardone Dep. at 91-98). When interviews were conducted, the interviewers rated the candidates and these ratings were then given to Garafola or Moss, depending on the department in which the promotion fell. (Stark Dep. at 611-12). Parks did not provide interviewers with standard guidelines for conducting interviews, or instructions on how to evaluate and rate answers or how to arrive at an overall rating. (Def.Resp.Pl.RFA ## 194-95, 204). Parks did not have a formal policy establishing what weight the interviewers’ scores would be given, and the person selected for promotion was not necessarily the applicant with the highest interview rating. (Id. RFA # 140; Stark Dep. at 614-15). Indeed, on one occasion, a Caucasian applicant with the lowest interview scores was selected over an African-American applicant with the highest score. (PI. Dep. Ex. 118 at 2). In its January 1997 report, the EEPC required that Parks review “[sjelection, evaluation, and promotion devices/criteria ... to determine if they have a disparate impact on protected group members.” (PI. Ex. 67 at 12). Between the issuance of that report and the initial filing of this action, Parks did not conduct a disparate impact analysis. (Def.Resp.Pl.RFA ##237-38). Between 1995 and August 2004, neither Parks nor any other city agency has conducted any validity study regarding the interview processes used by Parks for selection of candidates for job vacancies. (Id. RFA ## 173,181). The Uniform Federal Guidelines provide that Where the user has not maintained data on adverse impact as required by the documentation section of applicable guidelines, the Federal enforcement agencies may draw an inference of adverse impact of the selection process from the failure of the user to maintain such data, if the user has an underutilization of a group in the job category, as compared to the group’s representation in the relevant labor market, or, in the case of jobs filled from within, the applicable work force. (Lundquist Report at 6 (quoting Uniform Guidelines, Section 4D, pp. 38297-98 (1978))). Between 1995 and August 2004, Parks failed to keep records: (a) of forms indicating ratings given to interviewees; (b) of the numbers of applicants meeting minimal qualifications for vacant positions; (c) identifying the applicants accepted for interviews for posted jobs; and (d) identifying who was hired as part of the “Class Of’ program. (Def.Resp.Pl.RFA ## 193, 223-24, 368). Personnel practices did not change when Benepe became commissioner. (Terhune Dep. at 343; Benepe Dep. at 462). Benepe operated Parks under the same policies and practices as former Commissioner Stern until around June 2005 when Parks entered a consent decree with the United States Department of Justice (“DOJ”) in the companion action, discussed below. vi. The “Class Of’ Program In 1994, Stern created the “Class Of’ program to “expose recent college graduates to Parks and to city government.” (PL Dep. Ex. 18 at 2). “Class Of’ employees were recruited from colleges across the country, including many Ivy League schools and similar elite, private institutions. (Id. Exs. 27 & 28). The recruitment brochure promised that “[r]ecent graduates who come to Parks work closely with senior officials, learning from them on a daily basis,” and “take on a high-level of responsibility within the agency.” (Id. Ex. 18 at 2). According to a “Class Of’ employee quoted in the brochure, recruits may be “considered for positions normally given to individuals with more experience.” (Id. at 8). Beginning in 1995, Parks hired between ten and more than forty recent college graduates to work for the “Class Of’ program each year. (Def. Resp. PL RFA # 314). Though these employees worked full-time on a year-round basis for Parks, Parks paid the majority of them from the seasonal budget and therefore they were not included in Parks’ headcount. (Stark Dep. at 234-35; Def. Resp. Pl. RFA ## 316, 321, 324). Until August 2000, “Class Of’ employees were promised and received an approximate 20% raise (roughly $5,000) following their first year of employment with Parks. (Pl. Dep. Ex. 24; Def. Resp. PL RFA # 326; Kay Dep. at 220-21). Further, “Class Of’ employees had first priority for junior manager vacancies. (Terhune 1/6/03 Dep. at 101). Several “Class Of’ employees were assigned to work directly with Stern or his deputies on the third floor of the Arsenal; these “Class Of’ employees were predominantly or exclusively non-class members. (Stern Dep. at 264). Though Stern testified that there was a policy to hire all minority applicants who applied to the program, the “Class Of’ recruiter testified that she had not been so instructed. (Id. at 388-89; Kay Dep. at 49-50, 55). The racial and national origin composition of “Class Of’ employees was approximately: 72.1% Caucasian; 6.3% Hispanic; 11.0% African-American; 0.4% Native American; 7.4% Asian; and 2.8% Unidentified. (Def. Resp. Pl. RFA # 378). Parks never conducted any analysis to determine if Parks’ method of recruitment, hiring, or selection of “Class Of’ employees had a disparate impact on African-Americans or Hispanics. (Id. RFA ## 369-71). vii. Segregation, Underfunding, and Understaffing With the exception of the EEO officer, Webster, and one or two class members who served in secretarial or administrative jobs, all thirty to forty employees on the third floor of the Arsenal were non-class members. (Weizmann Dep. at 67-68; Moss Dep. at 44; Sahl Dep at 191-92). Noting the absence of class member employees working at the Arsenal, Danny Weizmann, a “Class Of’ employee, described Parks as being run like it was a “private club” for whites only. (Id. at 69-71). Benepe, as well as other high-level Parks personnel, acknowledged that Parks sometimes assigned employees on the basis of race and/or linguistic abilities to neighborhoods reflecting that language or race because of demands from the neighborhood. (Benepe 7/19/01 Interview at 46 (“It’s true that we have placed people by demand from a community, both implied and stated.”); see also Spiegel Dep. at 126-28; Ricciardone Dep. at 196-98). As an example of an implied request, Benepe noted that community groups would ask that Parks’ employees understand the needs and interests of the community. Beyond these requests, some community groups would “be as bold as to say [someone] who looks like us, who speaks our language, who belongs to our community.” (Benepe 7/19/01 Interview Tr. at 464/7). Likewise, the recruiter for the “Class Of’ Program acknowledged that the “Class Of’ Program, at the request of supervisors, took race into account in making assignments. (Kay Dep. at 49-51). Further, multiple high-level Parks personnel noted that the staff of a facility often reflected the racial composition of the area. (Moss Dep. at 40-41; Stern Dep. at 342-67). Many class members worked in one or more boroughs where they did not reside, and Terhune did not have a policy of assigning people to locations near their homes. (E.g., Wright Aff. ¶¶ 1-3; Lewis Aff. ¶ 2; Clark Aff. ¶ 3; Henry Aff. ¶¶ 1-2, 5; Terhune Dep. at 293). At least some class members indicated that they would not mind moving work locations or working outside the borough in which they lived if it would facilitate their advancement at Parks. (Jacobs-Pittman Dep. at 174-75; Wright 3/26/03 Dep. at 33-35; Brown 1/3/03 Dep. at 216). All named plaintiffs and additional class members observed that the Parks workforce was geographically segregated by race or national origin. (See PI. Additional Facts at 29 # 17-18 (collecting citations)). Throughout the relevant time period, the few African-American and Hispanic Park and Recreation Managers and Center Managers were assigned to predominantly African-American and Hispanic neighborhoods. (Wright Aff. ¶ 12; Henry Aff. ¶ 2; Ex. G00616-620; Ex. G00905-953; Ex. REC000072-73). Conversely, Parks’ facilities and districts in non-African-American or Hispanic neighborhoods were supervised and managed almost exclusively, if not exclusively, by non-class employees. (Wright Aff. ¶ 12; Roman Dep. at 57-58; Ex. G00616-620; Ex. G00905-953; Ex. REC000072-73). Indeed, when Beach recommended certain class members for a Center Manager position at a pool in Williamsburg, Brooklyn, a predominantly Caucasian neighborhood, the Borough Commissioner informed Beach that he and Garafola would make the decision, a step the Borough Commissioner had not taken with any other Center Manager promotion Beach had made. (Beach 4/3/03 Dep. at 156-65 (noting that he had unilaterally selected employees for Center Manager positions in the past); 9/29/02 Dep. at 109). Similarly, African-American and Hispanic supervisors have supervised predominantly African-American and Hispanic crews. (Wright 9/12/02 Dep. at 65; Beach 9/29/02 Dep. at 108-09). Multiple class members testified that many facilities and parks in predominantly African-American and Hispanic neighborhoods were in disrepair and underfunded and understaffed by Parks. (See, e.g., Anderson 9/5/02 Dep. at 80-83; Brown 8/28/02 Dep. at 75-78). Stark testified that there are no documents reflecting the budget allocation or funding of individual centers, and Parks does not conduct a cost analysis for each park. (Stark Dep. at 304, 681). 4. Evidence of Retaliation When Webster, who has served as Parks EEO Officer since 1995, began in the position, no one told her what her functions were. (Webster Dep. at 393-95). In 1996, the City issued a report card on City agencies’ discrimination complaint and investigation practices. (Pl.Dep. Ex.66). The report noted that Parks’ EEO officer expressed a preference for the “quick solution” approach to resolving complaints of discrimination, which is evidenced in the majority (93%) of the 15 formal complaint files available for review.... Complaints involving serious allegations of race discrimination, sexual harassment and retaliation were resolved within one to two days and often did not reflect any components of the Plan’s investigation procedures had been performed ... The file displays an apparent misunderstanding that race discrimination laws may be violated even while civil service laws and rules have been complied with. (Id. Ex. 66 at 11-12). Commenting on the poor record-keeping at Parks, the report further observed that the summaries of the complaints and investigations “appear to have been written up for purposes of our review.” (Id. at 12). Many class members did not feel comfortable filing complaints with the EEO Office. (Anderson 9/5/02 Dep. at 106-08; Brown 8/28/02 Dep. at 102-06; Roman 9/4/02 Dep. at 99-102; Walker 9/17/02 Dep. at 94-100; Wright 9/12/02 Dep. at 107-110). Anderson explained that “most blacks and Latinos [who] work in the agency do not go to Leslie Webster, because she wasn’t going to do anything about it.” (Anderson 9/5/02 Dep. at 107-08). Those who did file complaints did not feel that Webster took those complaints seriously. (Cintron Dep. at 114 (she seemed incompetent); Beach 4/3/03 Dep. at 118-24 (never responded to his allegations); Brown 8/28/02 Dep. at 102-05). Employees who filed complaints were at least sometimes left in the dark regarding the outcome of those investigations or the basis for the outcome. In a 2001 report, the EEPC observed that notices to parties did not state explanations for the EEO’s decision. In a survey conducted by the EEPC, seven of eleven respondents indicated that they did not receive written notification of their complaints. (PL Dep. Ex. 78 at 4-5). Webster was not aware of a single case where anything beyond a supervisor’s conference was sought. (Webster Dep. at 603-05). Approximately thirty separate Parks employees filed retaliation complaints with agencies outside of Parks between 1995 and 2003 — seven named plaintiffs brought individual retaliation claims, and between twenty and twenty-five claims were filed by other Parks employees. (Def.Ex.37). Multiple _ class members, including Brown, Colon, Portlette, Roman, Walker, and Wright, indicated they were denied promotions and/or salary increases after filing complaints. Additionally, Portlette was moved to a basement office after filing her complaint and Wright’s pay was cut when he was promoted. Various class members testified that Parks officials either implicitly or explicitly indicated Parks’ disapproval of the filing of discrimination complaints. In 1997, Webster told Brown that complaining was frowned upon by the agency. (Brown 8/28/02 Dep. at 103-05). In 2001 and 2002, Colon’s supervisor, Christopher Caropolo, repeatedly conditioned any salary increases on the termination of this lawsuit. (Colon 9/9/02 Dep. at 7-8; Colon 4/17/03 Dep. at 27-35). After filing charges with the EEOC, Roman was informed that his request for a transfer to Staten Island would be approved if he withdrew his claims. (Roman 1/16/03 Dep. at 173-74; PL Dep. Ex. 438). Benepe told Wright that he should not file EEOC charges to avoid “any bad feelings.” (Wright 9/12/02 Dep. at 122-23; Wright 3/26/03 Dep. at 155-57). B. Prior Proceedings Plaintiffs filed charges of discrimination with the Equal Employment Opportunity Commission (the “EEOC”) beginning in March 1999. The same year, the United States Department of Justice (“DOJ”) commenced its own investigation into plaintiffs’ claims. On January 30, 2001, the EEOC issued a Determination, amended on March 14, 2001, finding reasonable cause to believe that Parks engaged in a pattern and practice of racial discrimination through its promotions and assignments, and referred its findings to DOJ. Specifically, the EEOC concluded that: The evidence of record shows that since 1997 a greater proportion of Caucasians were placed in permanent positions in at least six (6) out of eight (8) categories where permanent positions were offered. In comparison, African American and Hispanic employees filled a higher percentage of provisional, seasonal, noncompetitive and labor class positions in twelve (12) out of sixteen (16) job categories. The record also shows that the promotion ratios for Hispanics and Blacks do not correspond with the entire workforce profile ratios. For example, for fiscal years 1998 and 1999, 70% of the employees given promotions were Caucasian while only 50% of Respondent’s workforce was Caucasian. In contrast, in 1998 and 1999, respectively!,] Blacks got 17% and 11% of promotions while representing the workforce and Hispanics got 1.5% and 11% [of promotions] while comprising 16% of the workforce. Examination of the evidence further reveals that Respondent’s supervisory lines of authority are almost completely segregated by race and color. The investigation has revealed that all of the managers and directors at the Recreation Centers are Caucasian. The investigation also uncovered that almost no Caucasian employees report to minority supervisors. Based on the above, there is reasonable cause to believe that Respondent has unlawfully discriminated on the basis of race and national origin through promotion and assignment. The investigation also reveals that certain individuals were retaliated against for attempting to protect their rights as employees under Title VII.... (First Am. Compl. Ex. 3). Plaintiffs commenced their lawsuit on May 24, 2001. On June 19, 2002, the United States filed an action against the City and Parks alleging a pattern and practice of racial and national origin discrimination in promotional decisions. By order of this Court dated July 15, 2002, the two cases were consolidated. Following extensive discovery, I certified the class by memorandum decision dated July 9, 2003. Wright v. Stern, No. 01 Civ. 4437(DC), 2003 WL 21543539, at *1 n. 1 (S.D.N.Y. July 9, 2003). On June 8, 2005, DOJ and Parks entered into a consent decree in which Parks agreed to implement certain personnel practices, and the DOJ action was closed. On August 4, 2005, plaintiffs filed their Third Amended Complaint, in which they assert pattern or practice and individual disparate impact and disparate treatment claims based on alleged failures to promote and compensate, segregation in work assignments, discriminatory allocation of resources, and discouragement of the filing of discrimination claims. Plaintiffs further assert a pattern or practice hostile work environment claim. Finally, plaintiffs assert pattern or practice and individual claims that Parks retaliated against class members who filed complaints. This motion followed. DISCUSSION Defendants move to exclude the reports and testimony of plaintiffs’ experts and for summary judgment on the class claims and most of the individual claims. First, I address defendants’ Daubert challenges. Second, I discuss defendants’ motion for summary judgment dismissing the various class claims. Third, I discuss defendants’ motion for summary judgment dismissing the individual claims. A. Plaintiffs’Expert Witnesses Plaintiffs rely on the testimony of three expert witnesses, as follows: Dr. Donald Tomaskovic-Devey, who holds a Ph.D. in Sociology, is a Professor of Sociology at the University of Massachusetts and the former Director of Graduate Programs of Sociology at North Carolina State University. He has served as an expert in numerous employment discrimination cases. Additionally, he served as a consultant to DOJ for cases involving automobile stops. His research focuses primarily on gender and racial workplace inequality and organizational research methodologies. (T-D Report at 2; PI. Mem. at 73). Dr. Stephen Schneider, who holds a Ph.D. in Business and Applied Mathematics, has served as an expert in multiple federal actions, including actions involving employment discrimination and wage and hour dispute cases. (Schneider Report at 1-2). Dr. Kathleen Lundquist, who holds a Ph.D. in Psychology, has extensively researched, designed and conducted statistical analysis, and provided consultation in the areas of job analyses, test validation, performance appraisal, employment testing, and research design. She has served as an expert on testing and validation for both the U.S. Department of Labor and the DOJ. (Lundquist Report at 2-3). Defendants move to preclude these experts from testifying, and argue that their reports are so flawed that the Court may not consider them in ruling on defendants’ motion for summary judgment. I discuss the law governing the admissibility of expert reports and then apply it to the reports here. 1. Applicable Law A witness qualified as an expert will be permitted to testify if his or her testimony “ ‘will assist the trier of fact to understand the evidence or to determine a fact in issue.’ ” United States v. Lumpkin, 192 F.3d 280, 289 (2d Cir.1999) (quoting Fed.R.Evid. 702). To be admissible, expert testimony must be both relevant and reliable. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). To be reliable, expert testimony must be based on sufficient facts or data, and it must be the product of reliable principles and methods properly applied. Figueroa v. Boston Scientific Corp., 254 F.Supp.2d 361, 365 (S.D.N.Y.2003). The trial court’s task is to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). In other words, expert testimony should be excluded if it is “speculative or conjectural,” or if it is based on assumptions that are “ ‘so unrealistic and contradictory as to suggest bad faith.’ ” Boucher v. U.S. Suzuki Motor Corp., 73 F.3d 18, 21 (2d Cir.1996) (quoting Shatkin v. McDonnell Douglas Corp., 727 F.2d 202, 208 (2d Cir.1984)). An expert’s opinion is inadmissible if it “is connected to existing data only by the ipse dixit of the expert.” Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997). The trial court has latitude in deciding how to test an expert’s reliability. Daubert listed a number of factors, but this “list of factors was meant to be helpful, not definitive.” Kumho Tire, 526 U.S. at 151,119 S.Ct. 1167. Hence, factors that a trial court may consider include, among others: whether a theory or technique relied on by an expert can be and has been tested; whether the theory or technique has been subjected to peer review and publication; whether there is a known or potential rate of error; whether the theory or technique has been generally accepted in the relevant community; whether the discipline itself lacks reliability; where an expert’s methodology is experience-based, whether the methodology has produced erroneous results in the past and whether the methodology has been generally accepted in the relevant community; and whether an expert’s method is of a kind that others in the field would recognize as acceptable. Daubert, 509 U.S. at 593, 113 S.Ct. 2786; Kumho Tire, 526 U.S. at 151, 119 S.Ct. 1167. In addition to being reliable, expert testimony must be relevant. An expert opinion is relevant if it “will assist the trier of fact to understand the evidence or to determine a fact in issue.” Fed.R.Evid. 702; see Daubert, 509 U.S. at 591, 113 S.Ct. 2786 (“This condition goes primarily to relevance.”). Ultimately, an expert’s role is to assist the trier of fact by providing information and explanations. The proponent of expert testimony must establish its admissibility by a preponderance of the evidence. See Astra Aktiebolag v. Andrx Pharms., Inc., 222 F.Supp.2d 423, 487 (S.D.N.Y.2002) (citing Fed.R.Evid. 104(a) and Bourjaily v. United States, 483 U.S. 171, 175-76, 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987)); Fed.R.Evid. 702 advisory committee’s note (2000 Amendments) (“[T]he proponent has the burden of establishing that the pertinent admissibility requirements are met by a preponderance of the evidence.”). Rejection of expert testimony, however, is still “the exception rather than the rule,” Fed. R.Evid. 702 advisory committee’s note (2000 Amendments), and “the trial court’s role as gatekeeper is not intended to serve as a replacement for the adversary system.” United States v. 14.38 Acres of Land, 80 F.3d 1074, 1078 (5th Cir.1996); see also Lippe v. Bairnco Corp., 288 B.R. 678, 685-87 (S.D.N.Y.2003). Thus, “in a close case the testimony should be allowed for the jury’s consideration. In a close case, a court should permit the testimony to be presented at trial, where it can be tested by cross-examination and measured against the other evidence in the case.” Lippe, 288 B.R. at 700 n. 6. 2. Application a. Tomaskovic-Devey In his report, Tomaskovic-Devey summarizes relevant scientific literature in the field of cognitive bias. In the context of the work environment, Tomaskovic-Devey reports that research has demonstrated that cognitive errors such as stereotyping, in-group bias, and attribution are more likely to arise when evaluation criteria are “vague, ambiguous, and subjective.” (T-D Report at 6). Tomaskovic-Devey further reports that employers can “substantially reduce cognitive bias in personnel decisions” if they implement “[a] well designed system for posting job vacancies, for collecting reliable, timely, and job relevant information on candidates for promotion, and for systematically assessing candidates’ qualifications relative to valid criteria.” (Id. at 7). Applying the scientific literature to the personnel practices of Parks, he concludes that “the policies and practices at [Parks] allow decisions to be made in an arbitrary and racially biased manner.... Managerial practice at [Parks] was ideally suited to produce and tolerate racial discrimination in employment, promotion, and job assignment.” (Id. at 25-26) (emphasis added). In response, defendants have offered the expert report of Winship, who attacks Tomaskovic-Devey’s report on multiple grounds, on the basis of which defendants seek exclusion of Tomaskovic-Devey’s report and testimony. Specifically, defendants argue: first, Tomaskovic-Devey failed to review all relevant evidence before forming an opinion; second, Tomaskovic-Devey summarized the evidence in an argumentative, one-sided manner; third, Tomaskovic-Devey failed to present evidence that is inconsistent with his own; fourth, Tomaskovic-Devey’s reliance on stranger-to-stranger interactions was misplaced; and fifth, Tomaskovic-Devey offered his personal evaluation of the testimony. Though several of these arguments have merit, they do not warrant exclusion of the testimony of Tomaskovic-Devey nor do they preclude the Court from considering the report at summary judgment. Instead, these arguments go to the weight rather than the admissibility of this evidence. Tomaskovic-Devey’s conclusions are based on research examining the effect of cognitive errors on personnel decisions. The scientific research relied upon by Tomaskovic-Devey has “been developed through laboratory, field, and survey research ... [and] has been replicated repeatedly and ... validated through peer review.” (Id. at 3). The proper course of action therefore is to permit Tomaskovic-Devey to testify, subject to “[vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof[, which] are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert, 509 U.S. at 596,113 S.Ct. 2786. To the extent Tomaskovic-Devey will testify that, based on his understanding of the relevant scientific literature, Parks’ personnel practices “allow decisions to be made in an arbitrary and racially biased manner” and that they were “suited to produce and tolerate racial discrimination in employment, promotion, and job assignment” (T-D Report at 25-26), his testimony is both relevant and reliable. Accordingly, defendants’ request to exclude the testimony of Tomaskovic-Devey is denied. b. Schneider Using the personnel data from the three databases provided by Parks, Schneider performed a series of regression analyses — analyses controlling for variables that might impact the results of the data, such as job title, job tenure, and tenure with the City and employee age (as a proxy for work experience). These regression analyses evaluate full-time, year-round employees — whether paid out of the seasonal budget or the regular budget— who were paid for at least six months of the year. (Schneider Report at 4-5). Schneider’s report also includes “simple statistics” — statistics showing the breakdown of Parks personnel without controlling for variables other than race. For example, Schneider compared the salaries of class members and non-class members without controlling for title, tenure with Parks, or any variables other than race. Based on his analyses, Schneider concludes as follows: (1) class members are systematically underpaid relative to similarly situated non-class members; (2) class members are systematically placed in lower paying job titles, resulting in a significant salary gap; (3) class members are denied their proportionate share of wage promotions, ie., a one-time increase in salary of a pre-determined amount; (4) class members receive systematically smaller wage increases; and (5) class members have experienced a slower growth in pay rate over time than their similarly-situated Caucasian counterparts. (Id. at 25). In response, defendants offer the expert report of Erath, who criticizes Schneider’s report on various grounds. Schneider rebutted Erath’s report, responding to the various criticisms and modifying some of his data based on Erath’s report. Defendants seek to exclude Schneider’s report, arguing that “his flawed methodology precludes consideration of his opinions.” (Def. Mem. at 8; see also Erath Report at 1) (the data set created by Schneider contains “so many errors that the ultimate analyses are rendered meaningless”). The request for preclusion is denied. First, most of the alleged errors cited by defendants — some of which also existed in Erath’s report — result from the nature of the raw data maintained and provided to plaintiffs by Parks. (Schneider Rebut, at 3). For example, some year-round employees are consistently coded as temporary seasonals while some who received seasonal step-ups are not tracked on the Parks Seasonal Tracking System. (Id. at 4). Second, to the extent errors existed in Schneider’s initial report, Schneider’s rebuttal report adopted Erath’s revised database, with minor modifications, and still reaches the same conclusions. Hence, whatever the alleged deficiencies of his report, the rebuttal report is sufficiently rehable. Even Erath concedes that the database in the rebuttal report would permit experts to “perform statistical analysis and obtain meaningful results.” (Erath Dep. at 83). As to the remaining criticisms, they go to the weight rather than the admissibility of the evidence. Defendants argue, for example, that Schneider should have used “applicant flow figures” rather than the “wage promotion” methodology he adopted. (Def. Mem. at 9). But Schneider’s wage promotion analysis reflects the hiring practices at Parks — Parks’ routine failure to post vacancies severely limited the applicant pool and its practices with respect to changing titles made it difficult to create databases reflecting applications. See, e.g., Malave v. Potter, 320 F.3d 321, 326-27 (2d Cir.2003) (allowing alternative statistical methodologies where defendants’ failure to maintain proper records created impediments to statistical analyses); cf. Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 651, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (noting that alternative statistical proof is permissible where preferred statistical proof would be difficult or impossible to ascertain). Schneider’s conclusions are neither speculative nor conjectural. As with Tomaskovic-Devey’s testimony and report, defendants may challenge Schneider’s analyses through cross-examination and the admission of the testimony of their own experts. Defendants’ request to exclude Schneider’s