Full opinion text
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT McMAHON, District Judge: Plaintiff Javier Jimenez (“Jimenez” or “Plaintiff’), currently a Deputy Director of Contracts for the City of New York Department of Housing Preservation and Development (“defendant” or “HPD”) commenced this action against his employer for discrimination based on his race, age, and national origin for denial of over thirty promotions that he applied for at HPD, despite allegedly being more qualified than most of the hired candidates. The complaint alleges that defendant (i) discriminated against plaintiff on account of his race, age, and country of origin in violation of 42 U.S.C. § 1981, Title VII, and the Age Discrimination in Employment Act (ADEA), by, among other things, (a) failing to promote him to any of the 33 positions for which he applied over a three-year span, (b) denying him the opportunity to interview for all but two of these positions, and (c) filling the vacancies with younger and/or non-Hispanic candidates under the guise that plaintiff was not as qualified as the successful hires; (ii) discriminated against plaintiff on account of his race, age, and national origin in violation of the New York City Admin. Code § 8-107 et seq. (“NYCHRL”) by engaging in these same practices; (iii) subjected plaintiff to a hostile work environment because of these practices; and (iv) retaliated against plaintiff in violation of Title VII and New York City Admin. Code § 8-107 et seq. by continuing to deny Jimenez any of the promotions he applied for after he submitted his EEOC charge and assigning the plaintiff a new job title demanding expanded duties without a promotion or an increase in pay. The defendant has moved for summary judgment dismissing plaintiffs complaint. For the following reasons, the defendant’s motion is granted in part and denied in part. BACKGROUND A. The Parties Plaintiff Javier Jimenez is a male who was 51 years old at the filing of this lawsuit in December 2006, Jimenez is of Hispanic race and Puerto Rican national origin. Plaintiff is fluent in Spanish and resides in Brooklyn, New York. (Def. Mem., Ex. C.) Jimenez has a Bachelor’s degree in Business Administration and a Master’s degree in Public Administration from the University of Puerto Rico. (Id.) Plaintiff also has credits towards a Ph.D in Public Administration, majoring in Human Resources Management — Labor Relations at New York University. (Id.) After passing a civil service exam, Plaintiff began working for HPD in 1992. He has held various job titles and responsibilities throughout his tenure: Director of the Weatherization Program and Deputy Director of the 7A Counseling Program; Deputy Director of Special Projects for the Division of Anti-Abandonment; and, since approximately February 2007, Deputy Director of Contracts for the Division of Neighborhood Preservation. (Def. R. 56.1 Stmt. ¶¶ 2, 3; Carbine Decl. ¶ 4.) In Plaintiffs current position of Deputy Director of Contracts, among other duties and responsibilities, Jimenez assists in the management of 42 contracts between HPD and community groups through New York City that assist in providing housing services to residents; Jimenez also oversees the Greenpoint/Williamsburg initiative, which seeks to help tenants in danger of being displaced because of extensive' development in those neighborhoods. (Def. R. 56.1 Stmt. ¶ 3; Jimenez Dep. 34:10-35:17.) Throughout his tenure at HPD, Plaintiff has assumed various other responsibilities, such as coordinating Tax Lien Sale building evaluations, analyzing Tax Lien Sale building data and generating management reports, and supervising Real Property Managers to ensure compliance with relevant housing codes, laws and regulation. (Def. Ex. C.) Plaintiffs resume lists other qualifications he possesses, including leading community development and housing programs in the private and public sector; serving as an official translator as designated by the New York City Mayor’s Office of Immigrant Affairs and Language Services; and launching, completing, and managing large scale City and State funded programs. (Id.) As of June 29, 2008, Plaintiff received a salary of $73,415 for his work as Deputy Director of Contracts. (Def. Ex. KKK.) In July 2004, as a Deputy Director of Special Projects, Plaintiff received a salary of $57,310. He received five pay increases during these four years. (Id.) Defendant City of New York is a municipal corporation incorporated in New York State. B. The Facts 1. Plaintiffs Discrimination Claims— Failure to Promote Claims i. 33 Positions Plaintiff Allegedly Applied For and Did Not Receive In his Complaint, Plaintiff alleges that, from 2003 through 2006, he applied for numerous promotions and/or vacancies and was denied all those positions because of a discriminatory animus on the part of decision-makers at HPD, based on his to race, age, and national origin. (Compl. ¶ 11^0; Def. R. 56.1 Stmt. ¶ 4.) Plaintiff claims that no older Hispanic men were hired for any of these positions. (PI. Ex. 36; PI. Resp. R. 56.1 Stmt. ¶ E.) The complaint alleges that HPD kept Plaintiff in the same position, without a promotion, under the guise that he was not as qualified as each of the successful candidates. (Compl. ¶ 8.) It is undisputed that two of the thirty-three job postings, 806-06-055 and 806-06-108, were not filled. (Def. R. 56.1 Stmt. ¶¶ 126, 127, 146, 147.) Accordingly, no one was promoted or hired for either of these positions and they drop out of this lawsuit. (Id.) In both parties’ Local Rule 56.1 Statements, they address what they perceive to be the justification/pretext (depending on who is speaking) for denying Jimenez any of the promotions for which he allegedly applied, beginning with job posting 806-04-038 in December 2003 through job posting 806-06-010 in August 2005. (Def. R. 56.1 Stmt. ¶¶ 8-112; PI. Resp. R. 56.1 Stmt. ¶¶ 8-112.) The same is true for the postings for which Plaintiff allegedly applied following his submissions for job postings 806-06-038 and 806-06-052 in January 2006. (Def. R. 56.1 Stmt. ¶¶ 126-189; PL Resp. R. 56.1 Stmt. ¶¶ 126-189) For each filled vacancy, defendant asserts that the best candidate was hired for the position based on the requirements that the position entailed. (Def. R. 56.1 Stmt. ¶¶ 8-112, 126-189). The defendant also claims “at no time in the selection process, did race, national origin or age of the prospective candidates play any role in ... [the] decision making process.” (Id.) With respect to the Plaintiff, defendant claims that nearly all of those responsible for reviewing applicants’ materials had no recollection of reviewing or receiving any application materials from Plaintiff. However, upon review of his resume and qualifications, defendant proffers various reasons why Jimenez was not best suited for the job. (Id.) Needless to say, Plaintiff disputes defendant’s evidence on various grounds. (PI. Resp. R. 56.1 Stmt. ¶¶ 8-112, 126-189). For example, he argues that certain job postings expressed that a preference would be given to bilingual candidates, yet defendant was passed over for non-Hispanic hires. Job Posting 806-04-090 for Deputy Director of the LEAD COTA Squad stated “preference given to candidates with bi-lingual skills.” (Def. Ex. I). HPD hired Mr. Michael Murphy, a white male who is not bilingual, for the position. (PI. Resp. R. Stmt. 56.1 ¶ 25). Rassoul Azarnejad, in charge of the hiring process for this position for HPD, claimed that Plaintiff does not have certification as a lead inspector, while Mr. Murphy does. (Azarnejad Decl. ¶¶ 6, 7). Plaintiff contends that the job posting did not require experience in code enforcement, and argues that bilingual candidates like himself could have been trained, thereby making him suitable for this position. (PI. Resp. R. Stmt. 56.1 ¶ 25). On or about May 17, 2005, Job Vacancy Notice 806-05-198 was posted for Deputy Director of Special Projects in the Division of Anti-Abandonment. (Def. Ex. HH.) Plaintiff hand-delivered his application to his supervisor. (Jimenez Dep. 44:4-7.) The defendant claims that Plaintiff was actually promoted to the position. (Def. R. 56.1 Stmt. ¶ 105.) Plaintiff testified that he was not interviewed for the position and that he was not actually “promoted,” because he had been performing these very duties without an increase in pay already for three years, “without getting anything in terms of monetary terms.” (Jimenez Dep. 44:8 to 45:5.) Jimenez admitted that he was notified of his change in title and also an increase in pay but claims that this was done “nonchalantly” and “informally”. (Jimenez Dep. 45:12-21.) Defendant contends that many of those responsible for making hiring decisions were over the age of forty and/or Hispanic, like Deputy Commissioner Luiz Aragon, who hired for the position of Director of Operations for the Housing Education Services Program and Lead Education Program (“HESLEP”), job posting [ XXX-XX-XXXX ]. (Aragon Decl. ¶¶ 2-7.) “At no time in the selection process, did race, national origin or age of the prospective candidates play any role in my decision making process. In fact, I was forty-four years old when I made the decision to hire Ms. Booker, and I also am of Hispanic heritage.” (Id. at ¶ 7.) Plaintiff suggests that Mr. Aragon is neither Hispanic nor Latino but is from Brazil, a non-Spanish speaking country. (PI. Resp. R. Stmt. 56.1 ¶ 46.) Candidates for job posting 806-06-180 were reviewed by Ms. Miriam Colon, a Puerto Rican who was 56-years old at the time. (Colon Decl. ¶ 8.) Ms. Colon, selected Ms Elaine Toribio to fill the vacant position. (Id.) Plaintiff contends that Ms. Toribio is the only Hispanic to receive a promotion for any of the positions that Jimenez applied. (PL Resp. R. Stmt. 56.1 ¶ 179.) The Plaintiff submits a chart providing what he contends is a breakdown of race and gender of the successful hires for twenty-six of the positions for which Plaintiff allegedly applied. (Pl. Ex. 36.) The race and gender of the hire, as provided by the Plaintiff, is as follows: nine white women (35%), seven white men (27%), two Asian women (7%), six African-American women (24%), one African-American man (3%), one Hispanic woman (3%), and no Hispanic men. (Id.) The defendant submitted declarations from Deputy Commissioner of Administration Bernard Schwarz and Assistant Commissioner William Carbine, attesting to nine instances between 2003 and 2007 when HPD either hired or promoted Hispanic applicants to supervisory and managerial positions. (See Schwarz Decl. in Further Support of Def. ¶ 2; Carbine Decl. in Further Support of Def. ¶ 6.) 2. Hostile Work Environment Claim Plaintiff also claims that the defendant’s failure to promote him to any of the aforementioned positions amounted to working in a hostile environment, “I-contend that the systematic exclusion of Latino/Hispanic males in thirty-three job postings has created a hostile work environment which has caused me and others similarly situated to remain track in the same position, while others of different races, national origins, as well as younger ages, have been allowed to advance.” (Jimenez Decl. ¶ 11.) A portion of Plaintiffs testimony during his deposition regarding his hostile work environment claim reads as follows: Q: What led you to believe that you were subject to a hostile work environment? A: As we have seen here, it is pretty hostile when you keep on applying for jobs and you do not get the benefit of an interview. Q: Has anyone ever referred to you by any discriminatory names or phrases in the office? A: No, what I mentioned to you in the past in terms of E.E.C. practices and policies, they have guidelines. In my experience, it is in the hiring and advancement. Q: So is that the basis for your belief that you were subjected to a hostile work environment that you were not advanced or promoted; is that what you are saying? A: That is part of it that, you know, it is hostility. Q: Is there anything else? A: Not at this time. (Jimenez Dep. 150:22-151:12.) The plaintiff also testified about various remarks allegedly made towards him that he suggests amount to being subjected to a hostile work environment. For example, after applying for a position as director of operations in the division, Mr. William Carbine allegedly stopped Jimenez in the hallway and said “How dare you apply for the job.” (Jimenez Dep. 174:14-176:8.) Defendant argues that Plaintiffs allegations are not consistent with the theory of a hostile work environment and that his testimony negates such a theory. ' 3. Retaliation Claim Plaintiff alleges that defendant HPD refused to promote him to any of the vacancies for which he applied after May 11, 2006, as retaliation for his submission of an EEOC complaint about HPD’s allegedly discriminatory conduct. Plaintiff further alleges that after a mediation before the EEOC, Plaintiff was transferred and given additional responsibilities, but with the same pay and title. (PI. Resp. K. 56.1 Stmt. ¶ 1.) In or about January 2007, Mr. William Carbine, Assistant Commissioner for Neighborhood Preservation for HPD (“Carbine”), claims that he recommended that Jimenez be transferred to Deputy Director of the Contracts Division, based on Carbine’s awareness of Plaintiffs interest in a position with additional responsibilities. (Carbine Decl. ¶ 2.) However, Carbine further asserts, “I did not recommend that [Jimenez] receive any change in salary as a result of his transfer to the Contracts Division, because at that time his performance did not warrant it, and I wanted to assess his performance in the new position as Deputy Director of Contracts.” (Id. at ¶ 3.) After sixteen months in his new position, Jimenez was given a raise based upon a determination that Jimenez had been performing his tasks in a manner that warranted a pay increase. (Id. at ¶ 4; Def. Ex. KKK.) Plaintiff testified that he believes he was retaliated against because, “I was being responsible in materials of preparing reports and correspondence and so on; but now I’m responsible for six million dollars so there was no compensation, nothing to that effect. So any responsibility was increased exceptionally. There was no economic contribution, no.” (Jimenez Dep. 141:5-10). Asked why that constituted retaliation, Jimenez answered, “Well, usually when people get an increase on their responsibilities, they get an increase on their paycheck.” (Jimenez Dep. 141:13-14.) 4. Relief Requested Plaintiff contends that defendant’s discrimination against him caused him both emotional and monetary damages. (Jimenez Deck ¶ 12.) With respect to monetary damages, Jimenez testified that his pay stubs are evidence of damages he has suffered based on this alleged discrimination. (Jimenez Dep. 165:2.) Plaintiff admits that he has never seen a psychologist or psychiatrist, or received any medication for psychological ailments. (Jimenez Dep. 166:1-5.) However, Jimenez contends that the alleged discrimination affected his confidence, his self-esteem, and has been both depressing and stressful. (Jimenez Dep. 166:19.) He further testified that, because he did not receive these promotions, “You just feel you are different, a change in moods and I handle it.” (Jimenez Dep. 166:23.) In his complaint, Plaintiff seeks relief including: 1) a permanent injunction preventing defendant from engaging in any employment practice which discriminates on the basis of race or age; 2) an order requiring defendant to hire Plaintiff to one of the positions for which he was not selected, with the seniority, status, salary, increments, bonuses and benefits as though he had been the original hire; 3) an order requiring defendant to interview and consider Plaintiff for future promotions 4) an order requiring the defendant to carry out policies that provide equal employment opportunities for Latinos as well as older Americans; 5) an order requiring defendant to make Plaintiff whole, by providing back-pay with prejudgment and post-judgment interest; 6) an award of compensatory damages in the amount of $500,000.00; 7) an award of punitive damages, 8) reasonable attorney fees; and 9) costs and fees incurred in pursuing this litigation. (Compl. 1fflA-I.) C. Procedural History 1. EEOC proceedings On May 11, 2006, Plaintiff filed a charge of discrimination based on race, age, and national origin with the U.S. Equal Employment Opportunity Commission (“EEOC”) (Def. Ex. D.) The charge explicitly alleged discrimination in connection with two promotions the Plaintiff unsuccessfully sought — one for Assistant Commissioner in the Division of Anti-Abandonment, the other for Director of Planning and Administration in the Division of Anti-Abandonment. The jobs were posted from November 2, 2005 to November 25, 2005 and December 27, 2005 to January 18, 2006, respectively. (Id.) The Plaintiff claims that HPD discriminatorily “selected candidates for both positions [who] were younger white males with less formal education, training, and work experience than me.” (Id. at ¶ 4.) In addition to these two instances, the charge alludes to twenty occasions during the years 2004-2006 when Plaintiff submitted his resume for positions at HPD that were “filled by white males and females with less formal education and work experience, who are younger than me.” {Id. at ¶ 5.) The charge also alleged that Plaintiff was performing translation work for HPD without additional compensation, while outside vendors were still being hired to provide similar services: On January 18, 2006, I was requested to do a translation for the Third Party Transfer Program and on that day at 5:30 p.m., I was informed by Ms. Susan Carr, the Director of Operations; that they would not be able to pay for this translation work. She mentioned this was due to budget problems. On March 7, 2006, the Director of Administrative Services, Ms. Roberta Mason, came to my office and informed me that the First Deputy Commissioner hired a translator. However, the first translation that was done by this outside vendor was wrong and he was given a second translation to do. At that, time, Ms. Mason requested that I review and revise the second translation without pay. (Id. at ¶ 6.) On September 27, 2006, the EEOC closed its file after determining that the evidence provided did not establish a violation of race, age, or national origin discrimination. It issued a notice of right to sue. (Def. Ex. E) 2. This action Plaintiff filed the complaint in this action on December 18, 2006. In his complaint, Plaintiff alleges that Defendant (i) discriminated against Plaintiff on account of his race, age, and country of origin in violation of 42 U.S.C. § 1981, Title VII, and the Age Discrimination in Employment Act (ADEA); (ii) discriminated against plaintiff on account of his race, age, and national origin in violation of the New York City Admin. Code § 8-107 et seq.; (iii) subjected plaintiff to a hostile work environment; and (iv) retaliated against Plaintiff in violation of Title VII and New York City Admin. Code § 8-107 et seq. following the filing of Plaintiffs EEOC Charge of Discrimination. DISCUSSION A. Standard of Review Under Fed.R.Civ.P. 56(c), a party is entitled to summary judgment if the moving party establishes that there is no genuine issue of material fact and that he or she is entitled to judgment as a matter of law. “[T]he moving party bears the initial burden of establishing that there are no genuine issues of material fact, once such a showing is made, the non-movant must ‘set forth specific facts showing that there is a genuine issue for trial.’ ” Weinstock v. Columbia Univ., 224 F.3d 33, 41 (2d Cir.2000) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986)). The court will “view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in its favor ... and may grant summary judgment only when ‘no reasonable trier of fact could find in favor of the nonmoving party.’ ” Allen v. Coughlin, 64 F.3d 77, 79 (2d Cir.1995) (internal citations and quotations omitted). In Title VII and ADEA discrimination cases, the plaintiff bears the burden of introducing evidence that would, if credited, establish every element of his prima facie case. The plaintiff must show “1) that be belonged to a protected class; 2) that he was qualified for the position he held; 3) that he suffered an adverse employment action; and 4) that the adverse employment action occurred under circumstances giving rise to an inference of discrimination.” Feingold v. New York, 366 F.3d 138, 152 (2d Cir.2004). In the context of discriminatory hiring, the plaintiffs prima facie case requires that he show (i) that he belonged to a protected class; “(ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant’s qualifications.” McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). If the plaintiff meets that minimal burden, the defendant must come forward with a legitimate non-discriminatory reason for taking the action it took. At that point, the burden shifts back to the plaintiff to prove, with evidence and not conclusory supposition, that the defendant’s articulated rationale is a pretext for discrimination. Id. at 806, 93 S.Ct. 1817. The plaintiff, with admissible evidence, “must show circumstances that would be sufficient to permit a rational finder of fact to infer that the defendant’s employment decision was more likely than not based in whole or in part on discrimination.” Feingold, 366 F.3d at 152. Although Plaintiff has brought claims under NYC Administrative Code § 8-107, such claims are subjected to the same McDonnell Douglas parameters. See Knight v. New York City Housing Authority, 2007 WL 313435, at *10 (S.D.N.Y.2007) (applying McDonnell Douglas analysis to claims brought under New York City Administrative Code). Claims brought under 42 U.S.C. § 1981 are also analyzed under the McDonnell Douglas framework and do not include claims of age discrimination. Additionally, in order to hold a municipal defendant liable under this statute, a plaintiff “must show that the violation of his § 1981 ‘right to make contracts’ was caused by a custom or policy.” Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 702, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). B. Applications, With Proper Evidence, That Are at Issue Before the Court Defendant concedes that Jimenez meets the first prong of a prima facie case because he is a member of a protected class. The second element of a prima facie case for failure to promote is that the candidate applied for the job and was rejected. This requirement “cannot be established merely with evidence that a plaintiff generally requested promotion consideration. A specific application is required .... ” Petrosino v. Bell Atlantic, 385 F.3d 210, 227 (2d Cir.2004). The specific application requirement may be excused only if the employee demonstrates that “(1) the vacancy at issue was not posted, and (2) the employee either had (a) no knowledge of the vacancy before it was filled or (b) attempted to apply for it through informal procedures endorsed by the employer.” Id. Jimenez bears the burden of identifying the jobs for which he applied or for which he had an open application that was sufficiently denied. Statements that Jimenez applied for positions contained in Plaintiffs Local Rule 56.1 Statements does not suffice. Plaintiff must offer evidence, in the form of testimony (including his own) or documents that demonstrate he applied for the position in question. The failure to promote claims listed in Plaintiffs Complaint for which evidence has been offered are the following: That is a total of twenty-two separate job listings. The rest of the eighteen job listings listen in Exhibit A to Plaintiffs Complaint are unsupported by any evidence — even from Plaintiff — that Jimenez submitted an application. There is no sworn testimony, concession or documentation provided before the Court that Plaintiff applied for any of these promotions. Accordingly, Jimenez has failed to make out a prima facie showing of a discriminatory failure to promote him to these positions and defendant’s motion for summary judgment for these jobs is granted. There is evidence in the record that Plaintiff applied for positions 806-06-055 and 806-06-108. However, it is undisputed that the defendant did not fill either of these positions. (Museo. Decl. ¶¶ 3, 5.) Therefore, Plaintiff fails to establish the fourth prong of a failure to promote claim; in neither situation did the position “remain! ] open and the employer continue! ] to seek applicants.” Brown v. Coach Stores, Inc., 163 F.3d 706, 709 (2d Cir.1998). C. Timeliness of Claims 1. Statute of Limitations Time Bars Job Postings Relating to Plaintiffs Title VII and ADEA Claims That Occurred 300 Days Prior to Filing of EEOC Charge As the Plaintiff concedes, the Title VII and ADEA claims based on job postings for which Plaintiff allegedly applied more than 300 days prior the May 11, 2006 (the date he filed his EEOC Charge) are time barred and must be dismissed. In this dual filing state, the statute of limitations extends back 300 days from the filing of the charge. As the charge was filed on May 11, 2006, claims relating to discrete acts of discrimination that occurred prior July 15, 2005 are time barred under Title VII and the ADEA. National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 109, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). Each instance of a failure to promote is considered a discrete act. Therefore, the Plaintiff is precluded from pursuing any claims under Title VII or the ADEA for promotions for which he applied or allegedly applied prior to July 15, 2005. This leaves Plaintiff with the following claims: (1) the failure to promote claims under Title VII and the ADEA for job postings dating from July 15, 2005 through May 11, 2006 including job postings 806-06-038 and 806-06-052 that were explicitly mentioned in the EEOC Charge, (2) the failure to promote claims under Title VII and the ADEA for job postings that postdate the filing of Plaintiffs EEOC Charge, (3) the § 1981 discrimination claims for job postings that occurred no-earlier than December 18, 2002, four years before this suit was filed, (4) the hostile work environment claim, (5) the post-EEOC Charge retaliation claim, and (6) the New York City Admin. Code § 8-502(d) discrimination claims for job postings that occurred no earlier than December 8, 2003, three years before this suit was filed. 2. Promotions That Plaintiff Applied for or Allegedly Applied for July 15, 2005 Through May 11, 2006 and After May 11, 2006 are Not Time Barred Under Title VII and the ADEA In his EEOC Charge, Plaintiff claims that he was discriminated against because of various job promotions to which he applied and did not receive. He explicitly refers to his application for Assistant Commissioner in DAA (806-06-038) and Director of Planning and Administration in DAA (806-06-052). He further alleges, in his EEOC Charge, that: on twenty different occasions, 11 resumes were submitted in 2004, 4 resumes were submitted in 2005, and so far 6 resumes have been submitted in 2006, I have applied for listed positions in the agency’s website. Invariably these positions have been filled by white males and females with less formal education and work experience, who are younger than me. (Def. Ex. D.) Claims not explicitly mentioned in the EEOC charge may still be tried if the claims are based on conduct that occurred subsequent to the EEOC filing, or if the claims are “reasonably related” to what was alleged in the EEOC charge. Butts v. N.Y.C. Dep’t of Hous. Pres, and Dev., 990 F.2d 1397, 1401-02 (2d Cir.1993). The Charge specifies only two specific instances when Plaintiff was not promoted. There were seventeen other instances where Plaintiff claims to have applied for jobs in the 300 days prior to the filing of the charge that were not specifically identified in the charge. And there were three instances that occurred after the charge was filled. Defendant argues that the court lacks jurisdiction to hear these charges because Plaintiff failed to exhaust his administrative remedies. Defendant is wrong. This court has jurisdiction to hear claims based on all applications submitted on or after July 15, 2005 (300 days before the EEOC charge) because these claims were mentioned on the face of the EEOC complaint and also because they are reasonably related to the two postings explicitly mentioned in the EEOC charge, as claims that were “carried out in precisely the same manner as the claims alleged in the EEOC charge.” Id. at 1402-03. Furthermore, all promotions that the Plaintiff applied for after May 11, 2006 can be heard under the “reasonably related” rule. See id. at 1401-02. 3. Section 1981 and NYCHRL Claims Have a Four-Year and a Three-Year Statute of Limitations, Respectively Employment discrimination claims under section 1981, which provides a separate and independent remedy from Title VII, have a four-year statute of limitations from the filing date of the law suit. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369, 382-83, 124 S.Ct. 1836, 158 L.Ed.2d 645 (2004). Furthermore, there is no exhaustion requirement. The complaint in this action was filed on December 18, 2006. Therefore, the Plaintiff is precluded from pursuing any claims under section 1981 for promotions for which he applied or allegedly applied before December 18, 2002. That bars only one or two of his claims. NYCHRL allows a party three years from the date of any alleged discriminatory act to file suit. N.Y. City Admin. Code § 8 — 502(d); Milani v. Int’l Bus. Machines Corp., Inc., 322 F.Supp.2d 434, 451 (S.D.N.Y.2004) (noting that NYCHRL is subject to a three-year statute of limitations). Since Plaintiff filed suit on December 18, 2006, all alleged denials of promotion that occurred prior to December 18, 2003, are time barred by the NYCHRL. 4. Timeliness of Claims Under Each Statute Before the Court To summarize, this court may hear Plaintiffs failure to promote claims for positions to which he applied where the claim is timely, indicated by an “X” in the chart below. Approximate Application Title VII and ADEA Claims § 1981 Claims NYCHRA Claims Admin. Staff Analyst (806-02-057)_Feb. 2002_ Admin. Staff Analyst (806-02-062)_2002_ Dir. of Staffing Management, HPD (806-04-038)_Dec. 2003_X X Dir. of Operations, Housing Education Services Unit (806-04-078) Mar. 2004 X X Deputy Dir., LEAD COTA Squad (80 — 04— 090)_Mar. 2004_X_X J-51 Lead Coordinator for the Tax Incentive Programs (806-04-101)_Mar. 2004_X_X Special Assistant to the Chief of Staff (806-04-115)_2004_X_X Asst. Commissioner, Division of Alternative Management Programs (806-05-021) Aug. 2004_X_X Dir, of Third Party Transfer (806-05-046) Dec. 2004_X_X Dir. of Policy Analysis and Operations (806-05-137)_Mar. 2005_X_X Dir, of Administration (806-05-155)_Apr. 2005_X_X Associate Staff Analyst (Asst, to the Deputy Commissioner), Housing Operations (806-06-010)_Sept. 1, 2005 X_X_X Admin. Project Manager MI (806-05-015) Aug. 2005_X_X_X Asst. Commissioner, DAA (806-06-038) Nov. 22, 2005 X_X_X Dir. of Planning and Administration, DAA (806-06-052)_Jan. 17, 2006 X_X X Dir, of Support Services (806-06-093)_Mar. 2006_X_X_X Housing Development Specialist L-2, Dir. (Dir, of SCRIE) (806-06-147)_May 2006_X_X_X Asst. Commissioner, DAA (806-06-156) May 2006_X_X_X Legislative Asst., Division of Policy and Program Analysis of HPD (806-06-170) June 19, 2006 X_X_X Dir. of Policy Analysis and Operations (806-06-180)_June 2006_X_X_X Project Manager, NYCHA Collaboration Program (806-06-189)_July 17, 2006 X_X_X Alleged Discrete Acts C. Failure to Promote Claims: Analysis of Evidence Every employee of the defendant who made the decision to hire another candidate, rather than promote Jimenez, contends that at no time in the selection process, did race, national origin or age of the prospective candidates play any role in the decision making process. Plaintiff contends that defendant’s witnesses are simply giving conclusory and self-serving testimony. To determine whether the defendant’s motion for summary judgment should be granted, a record and subsequent review of each alleged discrete act of employment discrimination is required. 1. Selection of Karin Allen for Director of Staffing Management, HPD (806-04-038) In or about December 2003, Jimenez contends that he applied for the vacant Director of Staffing Management position at HPD. (Jimenez Dep. 80:1-9.) The Plaintiff met the job posting’s minimum qualifications because he held a master’s degree in public administration and had two years of satisfactory full-time professional experience “working with the budget of a large public ... concern.” (Def. Ex. F; Def. Ex. C.) According to the posting, the hired person would be responsible for supervising numerous areas within Human Resources, including the Central Liaison Unit, Data Entry Unit, Verification Unit and Special Employment Programs. (Def. Ex. F.) The person who oversees all aspects of the hiring and promotion of individuals in the Staffing Management unit is Bernard Schwarz, Deputy Commissioner of Administration of HPD. (Schwarz Decl. ¶ 1.) Schwarz was sixty years old at the time of the employment decision. (Schwarz Decl. ¶ 7.) Schwarz offered the position to another candidate, Karin Allen — a female whom Schwarz believed to be over forty years old. (Id. at ¶¶ 4, 7.) Schwarz testified that Allen was best qualified for the job, citing her “over fifteen years experience in personnel and staff management” and that, as Assistant Director Ms. Allen was “an outstanding employee, with superb technical knowledge of human resources and staffing matters including the New York Civil Service Laws.” (Id. at ¶ 5.) Schwarz worked directly with Allen during that period. (Id.) Schwarz does not remember receiving or reviewing Jimenez’s application for the position. However, then presented with Plaintiffs resume, he notes “it is devoid of any substantial Human Resources experience, and also lacks substantive experience with the civil service laws or other personnel rules and regulations.” (Id. at ¶ 6.) Jimenez contends that the job posting ended on a Friday and that Ms. Allen received a salary increase the following Monday. (PI. Resp. R. Stmt. 56.1 ¶ 11.) He asserts that Schwarz never intended to hire anyone but Ms. Allen, a white female, for this position. (Id.) Plaintiff further asserts that defendant has offered no proof that Ms. Allen was over forty at the time the decision was made. (PI. Resp. R. Stmt. 56.1 ¶ 13.) He does not dispute that he lacks HR experience or experience with Civil Service laws and personnel regulations. 2. Selection of Karen Mayo for Director of Operations, Housing Education Services Unit (806-04-078) Around March 1, 2004, Plaintiff contends that he applied for a promotion to the position of Administrative Staff Analyst (non managerial). (Jimenez Dep. 83:9-19.) Defendant contends that job posting 806-04-078 was for an existing position — -Director of Operations for the Housing Education Services Unit — which, due to a regulatory change, underwent significant increases in responsibilities, warranting a reevaluation of compensation level. (Booker Decl. ¶ 2.) The Plaintiff met the job posting’s minimum qualifications because he had a master’s degree in public administration and more than two years of satisfactory full-time experience, eighteen months of which in a supervisory capacity. (Def. Ex. G; Def. Ex. C.) The job listing stated that the hired candidate would oversee all activities related to the Unit’s Lead Component with regard to personnel, budgetary, purchasing and facilities management functions. (Def. Ex. G.) Director of Operations Karen Booker, who reviewed resumes, interviewed candidates and selected the final hire, sought a candidate who would “serve as the Unit’s database administrator for the Lead Component, which included all the mandatory reporting, maintaining a comprehensive database, issuing and maintaining copies of certificates for 8,000 to 24,000 students per year, while supervising approximately fifty-six employees.” (Booker Decl. ¶ 3.) These qualifications were not mentioned in the job listing. (Def. Ex. R.) Ms. Booker ultimately selected Ms. Karen Mayo to fill the vacancy. (Id. at ¶ 5.) Booker is an African American woman who was forty-seven years old at the time of her decision to hire Ms. Mayo. Mayo is also an African American woman and Booker believes her to be over forty. (Booker Decl. ¶¶ 8-9.) Booker contends that she interviewed both Mayo and Jimenez for the position. (Def. R. Stmt. 56.1 ¶ 19) After doing so she concluded that Mayo was the best candidate for the position, because “She had a superb history in the agency as a Director of Administration for several large property management units.” (Booker Decl. ¶ 6.) Booker noted that Jimenez “did not have the experience in budgeting, nor any extensive computer knowledge and had skills more suitable to being a trainer or a person who could assist in writing a curriculum but not as a Director.” (Booker Decl. ¶ 17.) Jimenez disputes Booker’s assertion. He admits discussing teaching a Spanish class at night with Booker, but denies being interviewed for the position. (PL Resp. R. Stmt. 56.1 ¶ 18.) Plaintiff testified that he believes he was discriminated against because “someone made a. comment that, you know, the person in charge of the housing education services she was intent in bringing African Americans under her umbrella and that is what she was interested in hiring and then upon personal observation that is what I noticed.” (Jimenez Dep. 84:19.) Plaintiff concluded, “Just by the comment it leads you to infer being that I am not African American that is why I didn’t get the position.” (Jimenez Dep. 86:12.) Plaintiff does not identify the person who allegedly made the comment. With respect to his age, Plaintiff believes he was discriminated against in this position because “You would see the people they were bringing into the area were younger than 1 was, that is how you would see it. You would go and see it and there is pretty much evidence there.” (Jimenez Dep. 87:20.) 3. Selection of Michael Murphy for Deputy Director, LEAD COTA Squad (806-04-090) In or about March 2004, Jimenez contends that he applied for the vacant Deputy Director of the LEAD COTA Squad position. (Jimenez Dep. 89:16-21.) The Plaintiff met the job posting’s minimum qualifications because he held a master’s degree in public administration, had two years of satisfactory full-time professional experience “working with the budget of a large public ... concern,” and eighteen-months of supervisory experience in areas specified in the job listing. (Def. Ex. I; Def. Ex. C.) The hired candidate would be responsible for overseeing the management activities of inspectors and clerical staff in creating and implementing agency procedures and regulations pertaining to lead-paint hazards. (Def. Ex. I.) The Deputy Director was also responsible for overseeing outreach to owners once orders to abate were forwarded. (Id.) The position also entailed ensuring that all inspection procedures are followed and properly documented. (Id.) The posting explained that “candidates will be trained as an EPA certified Risk Assessor through the Agency within 4 months of employment” and that “preference [is] given to candidates with bi-lingual skills.” (Id.) The person who reviewed and selected candidates to interview was Rassoul Azarnejad, who is of Iranian national origin and was forty-nine years old at the time of the employment decision. (Azarnejad ¶¶ 5, 8.) After Azarnejad made his selection, Assistant Commissioner Jose Torres and Azarnejad interviewed applicants and selected the most qualified candidate. (Azarnejad Decl. ¶ 6.) Jimenez was not interviewed for the position. (Jimenez Dep. 94:4.) Azarnejad offered the position to another candidate, Michael Murphy — a white- male whom he believed was also over the age of forty. (Id. at ¶¶ 4, 7, 8.) Azarnejad claims that Murphy was best qualified for the job. The job was code enforcement intensive (pursuant to a new regulation) and Murphy, “had extensive experience in the field, having worked in the asbestos program with me.... In addition, Mr. Murphy had the requisite federal Lead Inspector certification coupled with years of lead inspection and environmental knowledge.” (Id. at ¶ 6.) While Mr. Azarnejad does not remember receiving or reviewing Jimenez’s application for the position, upon later reviewing Plaintiffs resume, he notes that it was “devoid of any experience in code enforcement or with lead inspections, and did not indicate he possessed the requisite Lead Inspection Certification.” (Id. at ¶ 7.) Jimenez contends that the job posting did not specify that experience in code enforcement was a requirement. (PI. Resp. R. Stmt. 56.1 ¶ 22; Def. Ex. L). Jimenez testified that he heard unidentified people, some of whom are decision-makers for positions (but not for this position) made statements that, “If you’re not white you don’t get too far here no matter what qualifications you may have.” (Id. at 93:13.) With regard to his national origin, Plaintiff testified “you can come back to some areas and you see it is heavily, you know, Italian males,” and from his observation “that area was really heavily Italian, white males.” (Id. at 95:7.) Jimenez said with respect to age, “seeing the people and going down to the fourth floor and seeing the makeup around, you just don’t see people that look like you.” (Id. at 95:20.) Mr. Jimenez is unaware of the age of the hired candidate, Mr. Murphy. 4. Selection of Elizabeth Zeldin for J-51 Lead Coordinator for the Tax Incentive Programs (“TIP”) (806-04-101) In or about March 2004, Jimenez contends that he applied for the vacant position of J-51 Lead Coordinator for the Tax Incentive Programs. (Def. Mem. p. 15 n. 10.) The Plaintiff met the job posting’s minimum qualifications because he held a master’s degree in public administration, had two years of satisfactory full-time professional experience “working with the budget of a large public ... concern,” and eighteen-months of supervisory experience in areas specified in the job listing. (Def. Ex. J; Def. Ex. C.) The hired candidate would be responsible for creating the forms and processes that would be required and added to the already functioning J-51 program. The successful candidate would also spend considerable time implementing the New York City Council’s lead paint abatement law, and train and supervise staff in the new procedures. (Yee Decl. at ¶ 3.) The job description on the posting entailed extensive tax-specific duties such as drafting required amendments to the J-51 regulations, revising program procedures and forms for implementations of new tax benefits, and coordinating modifications to existing software needed for processing tax benefits with TIP. (Def. Ex. J.) Mr. Yonatan Jacobs, a human resources representative who was familiar with the skills HPD sought for this job, first reviewed the initial applications and then forwarded a list of candidates to Ms. Lisa Yee, the decision-maker, who was fifty-two years old at the time of this vacancy. (Id. at ¶¶4-5.) Yee then interviewed applicants and selected Ms. Elizabeth Zeldin, a white female. (Id. ¶ 1, 5.) Yee claims that Ms. Zeldin was best qualified for the job because of her extensive writing and analytical experience which she gained while working with the New York City Independent Budget Office. (Id. at ¶ 6; Def. Ex. K.) Ms. Yee further noted Zeldin’s international work on municipal finance, concluding that she was a “very interesting person who would be able to quickly assess the needs of the agency and the program.” (Id.) While Ms. Yee does not recall receiving or reviewing Jimenez’s application for the position, upon later reviewing Plaintiffs resume, she notes “it does not reflect that he had superior writing experience, which was an essential component of the job.” (Id. at 117.) Jimenez contends that he does have the extensive writing skills necessary for this position; he writes documents, pamphlets, manuals, letters for the agency and has the ability to write in both Spanish and English. (PL Resp. R. Stmt. 56.1 ¶ 31.) Furthermore, Plaintiff contends that Ms. Yee’s observation that Ms. Zeldin was “interesting” does not demonstrate that she was the best candidate. (Id.) Jimenez testified that he believes he was discriminated because of his race because “Again, if you do go up there and take a look around ... you see basically mostly white people.” (Jimenez Dep. 100:7) With respect to national origin, Jimenez testified that he does not have anything that he can prove. (Id. at 102:8.) Regarding his claim of age discrimination, Mr. Jimenez stated “Again, you see, you know younger people are being selected for jobs, you go up to the ninth floor and start seeing the makeup of the people and you see younger people up there.” (Id. at 102:16.) Finally, Plaintiff asserts that there is no sworn testimony from Mr. Jacobs, who screened the candidates before Yee interviewed them. (Pl. Ex. 4 ¶ 9.) 5. Selection of Katherine McCracken for Special Assistant to the Chief of Staff (806-04-115) In or about April 2004 Jimenez contends that he applied for a newly created Special Assistant to the Chief of Staff position. (Def. Mem. p. 15 n. 10.) The Plaintiff met the job posting’s minimum qualifications because he held a master’s degree in public administration and more than one year of satisfactory full-time professional experience “working with the budget of a large public ... concern.” (Def. Ex. L; Def. Ex. C.) The job listing stated that the hired candidate would be responsible for researching and writing memos, speeches and testimony for the Commissioner/Chief of Staff and assisting the Chief of Staff on priority projects and reviewing and responding to intra-divisional and inter-agency issues that are of immediate concern. (Def. Ex. L.; Yee Decl. at ¶ 3.) Chief of Staff Laurel Blatchford reviewed all resumes submitted for the position and interviewed candidates she believed had the most applicable skills and experience. (Blatchford Deck at ¶ 5.) Ms. Blatchford declared that she “sought an individual who had experience working with high-level agency executives and politicians in varying branches of City government and sister agencies.” (Id. at ¶4.) Blatchford claims that Katherine McCracken was best qualified for the job. Ms. McCracken’s resume indicates that she served as Press Secretary for the Holden for Governor Campaign in Missouri, the Director of Scheduling and Media Strategy for Governor Holden and Special Assistant to the Press Secretary for New York City’s Department of City Planning. (Def. Ex. M.) Blatchford claims McCracken, a white female, was best suited for the position because of her “significant experience as a Press Secretary in varying governmental capacities, and was an individual who had a very good understanding of what the other City agencies were doing and inter-agency ■ dynamics, including the varying policy makers at City Hall.” (Blatchford Decl. at ¶ 6.) While Ms. Blatchford does not recall receiving or reviewing Jimenez’s application for the position, upon later reviewing Plaintiffs resume, she notes “he does not possess the level and extent of writing experience and correspondence with high level government officials that I sought for this position.” (Id. at ¶ 7.) Ms. Blatchford continues in her declaration that “plaintiffs experience, while admirable was more programming and operational in nature, and did not reflect the level of exposure to policy making or political sensitivity I sought in the successful candidate.” (Id.) Plaintiff contends that the job posting did not specify that the candidate have experience working with high level agency executives and politicians in various branches of City government, a quality that Ms. Blatchford declared she sought in a successful candidate. (PI. Resp. R. Stmt. 56.1 ¶ 36; Def. Ex. L.) Regardless, without specifying, Plaintiff argues that he performed the type of work she sought. (PI. Resp. R. Stmt. 56.1 ¶ 36; Def. Ex. C.) Plaintiff also argues that Ms. McCracken was not the best candidate because she had been in New York for only two years. (PI. Resp. R. Stmt. 56.1 ¶ 38.) The Plaintiff testified that he was not promoted due to his race because, “Again, she was hired and advanced to this position and I wasn’t and I was even willing to go below my civil service title and it didn’t even happen, so again, it is a pattern here. You go up, you go down, nothing happens.” (Jimenez Dep. 110:9.) With respect to discrimination based on his national origin, Jimenez testified, “Again, I saw her and I know she is not Puerto Rican so that sort of lead me to believe that, you know.” (Jimenez Dep. 111:12.) As to Plaintiffs age discrimination claim, he believes that Ms. McCracken was in her 20s at the time of her hiring and that Ms. Blatchford was approximately thirty-three. (Jimenez Dep. 110:15; 112:2.) 6. Selection of Karen Booker for Director of Operations, Housing Education Services Program and Lead Education Program (806-04-146) In or about June 2004 Jimenez contends that he applied to become the Director of Operations for HESLEP, a position that underwent a reassessment of duties and responsibilities. (Jimenez Dep. 101:21-25.) The Plaintiff met the job posting’s minimum qualifications because he held a baccalaureate degree in public administration and had more than three-years of work experience, including at least 18 months of supervisory experience. (Def. Ex. N; Def. Ex. C.) The job listing stated that the hired candidate would be responsible for designing educational programs to ensure the proper repair and management of city-owned and privately-owned property in compliance with housing codes and other environmental health mandates. (Def. Ex. N; Aragon Decl.) Furthermore, the job entailed overseeing the recruitment, training, assignment and management of all HESLEP staff, as well as representing HPD to other institutions. (Id.) Deputy Commissioner Luiz Aragon received the resumes of candidates who met the basic credentials for the position from his personnel division and then interviewed candidates. (Aragon. Decl. ¶ 4.) Mr. Aragon declared that he is of Hispanic heritage and was forty-four years old at the time of this incident. (Id. at ¶ 7.) Aragon claims that Ms. Karen Booker was best qualified for the job. Booker, the incumbent, because had been successfully performing the duties and responsibilities of the position since 2001, and had worked in that position since 1994. (Id. at ¶ 5; Booker Decl. ¶ 1; Def. Ex. O.) While Booker was the incumbent, a posting was nonetheless prepared in accordance with relevant human resource directives so that individuals could have an opportunity to apply for the position. (Aragon Decl. n. 1.) Aragon further asserts that, “I personally had the opportunity to supervise Ms. Booker, and knew that her knowledge and skill ... [pertaining to the job] were superb. She also was an excellent supervisor.” (Id. at ¶ 5.) While Mr. Aragon does not recall receiving or reviewing Jimenez’s application for the position, upon later reviewing Plaintiffs resume, he remarks that Jimenez, “has no substantive experience handling large real property dispositions, or health mandates associated with such position. Furthermore, plaintiff lacked experience in Operations.” (Id. at ¶ 6; Def. Ex. C.) Plaintiff disputes Aragon’s declaration and alleges that Ms. Karen Mayo (an African-American female), not Ms. Booker, actually received this position, although his allegation is conclusory and unsupported. (PI. Resp. R. Stmt. 56.1 ¶44.) Plaintiff alleges that there was previously no “HESLEP,” therefore Booker could not have been the incumbent, (Id. at ¶ 41.) Plaintiff also argues that Mr. Aragon is from Brazil, a non-Spanish speaking country, and so is not Hispanic. (Id. at ¶ 46.) 7. Selection of Wendell Walters for Assistant Commissioner, Division of Alternative Management Programs (806-05-021) In or about August 2004 Jimenez contends that he applied for the vacant Assistant Commissioner, Division of Alternative Management Programs position. (Jimenez Dep. 130:19; Def. Ex. R.) The Plaintiff met the job posting’s minimum qualifications because he graduated from an accredited college and had more than four years of progressively responsible supervisory full-time professional experience in a field related to urban development projects. (Def. Ex. R; Def. Ex. C.) The job listing stated that the hired candidate would be responsible for participating in the formulation of policy for the administration of programs in the City’s comprehensive neighborhood redevelopment initiative designed to spur neighborhood growth by returning City-owned in-rem buildings to responsible private owners. Associate Commissioner Anne-Marie Hendrickson, who reviewed resumes, interviewed candidates and selected the final hire, sought a successful candidate “with background in implementing the disposition of City owned property, capable of multi-tasking effectively, be a good communicator, articulate, possess prior managerial experience, capable of working flexible hours including late nights, familiar with Federal and City policies, and prior experience working with low income housing tax credits ...” (Hendrickson Decl. ¶ 4.) Plaintiff also notes that the qualifications deemed essential by Hendrickson were not mentioned in the job listing. (Def. Ex. R.) Hendrickson ultimately selected Wendell Walters to fill the vacancy. (Id. at ¶ 5.) Hendrickson is a black woman of West Indian national origin, Walters is a black man. (Id. at ¶¶ 8-9.) Hendrickson declared that Walters was the best candidate for the position because “he had been the Director of the Neighborhood Entrepreneur Program, and as such was responsible for one of the largest units in the division for approximately six years.” (Id. at ¶ 6.) Hendrickson further declared that, as Walters’ direct supervisor, she was very familiar with Walters’ work and found him to be articulate, well respected, a hard worker with a good reputation and capable of working flexible hours. (Hendrickson Decl. ¶ 6; Def. Ex. S.) While Ms. Hendrickson does not recall receiving or reviewing Jimenez’s application for the position, upon later reviewing Plaintiffs resume, she explained that it “did not reflect any experience or background in disposition, nor any experience in the process of getting buildings renovated and sold to the private sector. While plaintiff possessed admirable skills, he also had no experience running some of the larger programs in the units to which he was previously assigned.” (Hendrickson Decl. at ¶ 7.) Plaintiff contends that Walters was not the most qualified individual for the position. (PI. Resp. R. Stmt. 56.1 ¶ 56.) He states that, in Walters’ previous position, Walters selected individuals to manage and own in-rem city properties, while Plaintiff gained identical expertise through the 7A programs (where the properties were owned by private owners rather than the city). (Id.) Plaintiff also stresses that he has more expertise within HPD, is bilingual, and has translated documents for this specific program. (Id. at ¶ 58.) Jimenez contends that if he was given an interview, maybe it would have been clear that he was the more qualified candidate. (Id.) 8. Selection of Sara Oerth for Director of Third Party Transfer (806-05-046) In or about December 2004, Jimenez contends that he applied for the vacant position of Director of Third Party Transfer. (Jimenez Dep. 27:19.) The Plaintiff met the job posting’s minimum qualifications because he held a master’s degree in public administration and had more than two-years of satisfactory full-time professional experience “working with the budget of a large public ... concern,” including at least eighteen months of supervisory experience. (Def. Ex. Z; Def. Ex. C.) The job listing stated that the hired candidate would have numerous responsibilities, including (a) overseeing the prequalification process for entities eligible for designation as new owners, including drafting and issuing RFQs and evaluating the experience and qualifications of the applicants to establish qualified owners’ panel, (b) preparing City land use approval submissions and working to marshal agency recommendations through the City Council approval process, (c) coordinating with rehabilitation financing programs on underwriting, design, tenant and other pre-financing issues. (Def. Ex. Z; Gribbin Decl. ¶ 3) All resumes were forwarded to Ms. Susan Ponce De Leon (now deceased), who interviewed the qualified candidates and made a recommendation to Assistant Commissioner Aileen Gribbin. (Gribbin Decl. ¶ 4.) Gribbin selected Sara Oerth, who she testified, was recommended by Ponce De Leon. She claims Oerth was the best candidate for the job because she had “invaluable” experience in the Participation Loan Program, the primary source of funding for the TPT program. (Id. at 5.) Gribbin also declared that she “had known Oerth for several years as a subordinate in her division and knew her to be a very hard worker, with excellent computer skills and experience.” (Id. at ¶ 6; Def. Ex. AA.) While Ms. Gribbin does not recall receiving or reviewing Jimenez’s application for the position, upon later reviewing Plaintiffs resume, she remarks that Jimenez, “possessed no lending experience, and therefore would have required extensive training, including underwriting training, to get him up to speed on the operation of the unit at a time when I sought a candidate who could take control of the program with minimal interruption.” (Gribbin Dec. ¶ 6; Def. Ex. C.) Jimenez testified that he never received an interview for this position, even though he applied on - four different occasions. (Jimenez Dep. 26:6.) Jimenez explained that he did nighttime translation work for TPT and had acquired first hand knowledge about the program by so doing. (Jimenez 29:3, Plaintiff Resp. R. Stmt. 56.1 ¶ 83.) Jimenez believes he was discriminated based on his race because, “Well, this one, you know, as I said this one I have applied for four times and every time it has been the same, younger people, you know, white and again, the pattern you just see it, it is everything.” (Jimenez Dep. 27:19.) Plaintiff argues that because Ms. Ponce De Leon is now deceased, there is no insight to the screening process, and any statements made by Gribbin that Ponce De Leon recommended Ms. Oerth is hearsay. (PI. Resp. R. Stmt. 56.1 ¶83.) 9. Selection of David Rouge for Director of Policy Analysis and Operations (806-05-137) In or about March 2005, Jimenez contends that he applied for a newly created Director of Policy Analysis and Operations position. (Jimenez Dep. 35:18.) The Plaintiff met the job posting’s minimum qualifications because he held a baccalaureate degree and four years experience in city planning (Def. Ex. DD; Def. Ex. C.) The job listing stated that the hired candidate would be responsible for developing and supervising the implementation of administrative, personnel, budget, policy, and planning initiatives, and provide analysis and recommendations for the implementar tion of new division related initiatives and evaluation and oversee the division’s priority projects and work with the Assistant Commissioner t