Full opinion text
OPINION AND ORDER KENNETH M. KARAS, District Judge: Plaintiff Yolanda Henny, a former food service worker at the Rockland Psychiatric Center (“RPC”), brings this action against Defendants New York State, Office of Mental Health, Rockland Psychiatric Center; New York State, Office of the State Comptroller; New York State, Department of Civil Service; and two of her former supervisors in their official capacities (collectively “Defendants”) asserting disability discrimination claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112, et seq., and race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. Plaintiff alleges that Defendants failed to accommodate her disability, Lymphedema, and ultimately terminated her both for her disability and her race (African-American). Defendants have moved for summary judgment on all claims. For the reasons stated herein, Defendants’ motion is granted in its entirety. I. Background A. Facts The following facts are drawn from the Parties’ Local Rule 56.1 statements, the depositions of Plaintiff and the two individual Defendants, and exhibits and declarations submitted by the Parties. Plaintiff is an African-American woman who began working at Rockland Psychiatric Center (“RPC”) as a food service worker (“FSW”) in late March 2006. (Am. Compl. ¶ 10; Decl. of Yolanda Henny (“Henny Deck”) ¶¶ 1-2.) From an early age, Plaintiff has suffered from a chronic condition known as Lymphedema, which causes painful swelling of her left leg. (Henny Deck ¶¶ 3-4; id. Ex. B, at 1; id. Ex. C, at 1.) According to Plaintiff, she feels pain and swelling in her leg almost daily, and long periods of standing or walking exacerbate her condition and cause her leg to swell up. (Id. ¶¶ 4-5, Ex. C, at 1; Tr. of Deposition of Yolanda Henny (“Henny Tr.”) 32). Plaintiff testified that she is able to stand for up to four hours continuously, but she has difficulty standing or walking for six hours or more without a break; this had affected her at her previous jobs. (Henny Deck ¶ 8; Henny Tr. 44-46.) When she began working at RPC, Plaintiff was a so-called probationary employee. (Henny Tr. 32.) Probationary employees work part-time for up to a year or more before they may be hired as full-time employees. (Deck of Kathleen Ramcharitar in Supp. of Mot. for S.J. (“Ramcharitar Deck”) ¶¶ 4-5.) Defendants’ probation policy required probationary employees like Plaintiff to work a 52-week probation period before they could be removed from probation and made a permanent employee. (Tr. of Deposition of Niranjana Patel (“Patel Tr.”) 24; Henny Deck Ex. K, at 1.) A probationary employee “whose conduct or performance is unsatisfactory may be terminated at any time.” (Henny Deck Ex. K, at 3.) The employee is still on probation after he/she completes a “minimum probationary period” (id.), which, in Henny’s case, was eight weeks, see N.Y. Comp.Codes R. & Regs. tit. 4, § 4.5(b)(5)(h). If an employee is absent above a certain number of times, the missed workdays are added to that employee’s maximum probationary period. (Henny Deck Ex. K, at 2; Reply Deck of Kathleen Ramcharitar in Supp. of Mot. for S.J. (“Ramcharitar Reply Deck”) ¶ 10.) FSWs employed by Defendants work one of two shifts: a 5:30 A.M. to 2:00 P.M. shift (the “early shift”) and a 10:30 A.M. to 7:00 P.M. shift (the “late shift”). (Henny Deck ¶ 15; Ramcharitar Deck ¶ 3; Patel Tr. 7.) Part-time employees like Plaintiff worked a 3:00 P.M. to 7:00 P.M. shift, and had opportunities to volunteer to work extra hours during either of the two full-time shifts as well. (Ramcharitar Deck ¶ 16; Henny Tr. 35.) Plaintiff worked the 3:00-to 7:00 shift when she began at RPC. (Henny Deck ¶ 15; Ramcharitar Deck ¶ 6.) During this shift, her job responsibilities included food preparation, food service during the patients’ dinner hour, and cleaning up the dining room after the meal was done. (Henny Deck ¶ 16; id. Ex E, at 1.) It is not clear to what extent Plaintiff had an opportunity to sit down during her shift: Plaintiff testified that she had a break while the patients were eating dinner during which she could sit. (Henny Tr. 34.) Regarding breakfast, Niranjana Patel, the head of the Nutrition Department at RPC and a supervisor of the facility’s FSWs, testified that those FSWs performing breakfast service during the early shift would return to the kitchen to work on other tasks while the patients were eating. (Patel Tr. 11.) Plaintiff sought to work extra hours during the early shift because, she said, the duties of the early shift were similar to those of the 3:00-to-7:00 shift. (Henny Deck ¶ 17.) By contrast, the late shift involved what Plaintiff calls “trayline” duty: FSWs would stand for “hours” in “one spot” preparing food trays for the patients. (Henny Tr. 104.) According to Plaintiff, most of the tasks involved in trayline duty had to be performed standing up because FSWs were “part of a team process and management would not allow employees to sit.” (Henny Decl. ¶ 18.) In about May 2006, an incident occurred between Plaintiff and a co-worker, Gina Wise, an African-American female FSW who was not a probationary employee. (Henny Decl. ¶¶ 20-21; Tr. of Deposition of Kathleen Ramcharitar (“Ramcharitar Tr.”) 19; Decl. of Joshua Pepper in Supp. of Mot. for S.J. (“Pepper Decl.”) Ex. 4, at 3.) According to Plaintiff, Wise complained about Plaintiffs job performance to her supervisor and, when confronted by Plaintiff, threatened to “kick somebody’s ass.” (Henny Decl. ¶ 20.) Wise shouted at Plaintiff in front of other employees. (Id.) Soon thereafter, Plaintiff had a meeting with Kathleen Ramcharitar, one of her direct supervisors, about the incident (Ramcharitar did not remember if this meeting occurred). (Id. ¶¶ 21-22; Ramcharitar Tr. 22.) The result was that Plaintiff was not allowed to work further extra hours on the early shift “[f]or a while”; Ramcharitar testified that this was to avoid further conflicts between Plaintiff and Wise. (Ramcharitar Tr. 20.) By this time, Plaintiff had only worked “one or two early shifts.” (Henny Tr. 42.) Plaintiff did work extra hours on the late shift fairly frequently between April and November 2006. (Henny Tr. 58-64; Henny Decl. ¶ 24.) The late shift, and in particular trayline duty, required Plaintiff to stand “for long periods of time, as compared to [her] duties on the early shift” which had allowed her to rest in a sitting position. (Henny Decl. ¶ 24.) Thus, Plaintiff says, she turned down further opportunities to work extra hours on the late shift because they would require her to stand. (Id.) In May or June 2006, Plaintiff, who says her condition was deteriorating, approached Ramcharitar and asked whether she could serve her extra hours on the early shift rather than the late one. (Henny Decl. ¶ 25; Henny Tr. 51-53.) Plaintiff showed Ramcharitar her swollen leg and made various requests for accommodation. According to Plaintiff, Ramcharitar refused to allow her to work extra hours during the early shift without providing a reason. (Henny Decl. ¶ 27.) Plaintiff then requested that she be allowed to serve her extra hours during the late shift in the dining room, rather than on trayline duty; according to Plaintiff, Ramcharitar responded that this would show favoritism. (Henny Tr. 52.) Plaintiff then claims that she asked for a stool to sit on while performing trayline duties, or, alternatively, that she be allowed to separate her two scheduled “pass days” (i.e., days off), so that she would not have to work five days straight and have time for her leg to recover. (Id. at 52-53; Henny Decl. ¶ 27.) According to Plaintiff, Ramcharitar again refused, stating that a stool would “slow down productivity” and that pass days had to be used consecutively. (Henny Decl. ¶ 27.) Defendants do not appear to dispute much of Plaintiffs description of this conversation. Ramcharitar, for her part, does not recall Plaintiff asking for the stool or for the ability to separate her two pass days. (Ramcharitar Decl. ¶¶ 39-40.) But, Ramcharitar states, she would have denied such requests if made; “Sitting on a stool would slow down production considerably because a person sitting on a stool could not navigate the tray line so easily and quickly as a person standing.” (Id. ¶ 39.) As to the separate pass days, Ramcharitar explains that because the FSW job is “highly physically demanding” and workers often require “two full days ... to recover physically and mentally” before a new week of work, RPC policy and its union contract “entitles” every employee to two consecutive pass days; deviations for a single employee “would risk reprisals from the union.” (Id. ¶ 40.) According to Plaintiffs testimony, this conversation was the only instance in which she asked anyone at her job for an accommodation for her Lymphedema. (Henny Tr. 54.) There is no evidence that Plaintiff needed or wanted accommodations to work on the 3:00-to-7:00 shift, her regular shift, and, indeed, Plaintiff testified that she was always able to perform all of her job duties. (Id. 24-25; Henny Decl. ¶ 19.) Plaintiff was absent from work, or arrived at work late, on several occasions. At RPC, each employee’s hours are recorded on time sheets. (See Henny Decl. Ex. R.) Each probationary employee also gets a monthly probationary report and reviews it with a supervisor. (Reply Decl. of Kathleen Ramcharitar in Supp. of Mot. for S.J. (“Ramcharitar Reply Decl.”) ¶ 3.) The following facts are drawn from these documents as well as from Plaintiffs deposition: April 2006: In Plaintiffs second week of work, Plaintiffs mother-in-law passed away the morning of April 6, 2006. (Henny Decl. ¶ 52; id. Ex. R, at 1; id. Ex. T, at 1.) There is some discrepancy between Plaintiffs declaration and deposition testimony regarding what happened on that day. In her declaration, Plaintiff states that she “went to RPC” and spoke to Ramcharitar, and informed her that she would be out of work April 6th and 7th. (Henny Decl. ¶ 52.) In her deposition, Plaintiff testified that she called RPC on April 6th and spoke to Ramcharitar, who told her it was “okay to take the day off.” (Henny Tr. 78.) Plaintiff could not recall the details of the April 6 conversation, and also could not recall whether she informed Ramcharitar in advance that she would be absent the 7th. (Id. at 78-79.) Plaintiff then called Ramcharitar again the morning of April 10, explaining that she would be out of work again because the funeral would be held that day. (Henny ■ Decl. ¶ 52; Henny Tr. 79.) Ramcharitar asked Plaintiff to bring proof that the service was being held when she returned to work, which Plaintiff did. (Henny Tr. 79; Henny Decl. Ex. T.) On Plaintiffs time sheets, April 6, 7, and 10 are each marked as an “unscheduled absence.” (Henny Decl. Ex. R, at l.) Ramcharitar explains that an absence counts as “scheduled” if it is requested before the end of an employee’s last shift prior to the absence, whereas employees who call in the day of their scheduled shift or after to notify RPC are given an “unscheduled” absence. (Ramcharitar Decl. ¶¶ 10-11.) Whether Ramcharitar counts consecutive days missed as a single “absence” or not depends on what the employee told her in advance of the absence. (Id. ¶ 12.) Plaintiff was again absent on April 18, 2006. (Henny Decl. Ex. R, at 2.) Her time sheet describes this absence as a “person[al] problem.” (Id.) Plaintiffs explanation was that her absence had “something to do with” her mother-in-law’s death. (Henny Tr. 73; see also Henny Decl. ¶ 56 (“I was absent to attend to some personal issues relating to the death .of my mother-in-law.”).) Plaintiff testified that she called RPC on April 18 to let her employers know of her absence,. but could not recall what was said or to whom she had spoken. (Henny Tr. 73.) Her time sheet does not say she called in, in contrast to other absences. (Henny Decl. Ex. R, at 2.) Plaintiffs probationary report for the period ending April 30, 2006, did not say anything about her absences and gave Plaintiff a “Satisfactory” grade in the “Time and Attendance” category. (Henny Decl. Ex. S, at 1.) May 2006: Plaintiff claims that she fractured her toe at home on May 3, 2006; she stayed home that day and went to the doctor “the next day.” (Henny Decl. ¶ 58.) Plaintiffs time sheets indicate that May 3rd and 4th were pass days; Plaintiff was absent on May 5, 2006. (Id. Ex. R, at OMH222; Henny Tr. 73-74.) Plaintiffs medical records do not contain a record of a doctor’s office visit until May 11, 2006. (Id. Ex. U, at 1-2.) The time sheet indicates that Plaintiff called in to report that she would be absent on May 5th. (Id. Ex. R, at OMH222.) Plaintiff also was forty-five minutes late to work (for a four-hour long shift) on May 14, 2006. (Henny Decl. Ex. R, at OMH221.) Plaintiff did not recall why she was late that day. (Henny Tr. 71.) On May 28, 2006, Plaintiff was in “severe pain” and was unable to go to work. (Henny Decl. ¶ 61; Henny Tr. 72.) She called in sick. (Henny Decl. Ex. R, at OMH221; Henny Decl. ¶ 61.) Plaintiff received a probationary report for May, which she reviewed and signed May 26, 2006. (Henny Decl. Ex. S, at OMH562.) On this report, Plaintiff received an “Unsatsifactory” rating for “Time and Attendance.” The report lists the dates on which Plaintiff was late or absent, including May 28, 2006, a date that was added by one of Plaintiffs supervisors after the meeting at which Plaintiff signed the report. (Id.; Decl. of Ludmila Dvoro- - venko in Supp. of Mot. for S.J. ¶¶5-6.) The report also includes a handwritten comment: “Time and attendance must improve in order to pass probation.” Ramcharitar’s initials appear next to this note. (Henny Decl. Ex. S, at OMH562.) Plaintiff denies that this comment was present on the report on May 26, 2006, when she signed it. (Henny Decl. ¶¶ 62-63.) She speculates that it was added later, after Defendants decided to terminate her. (Id. ¶¶ 63-64.) Ramcharitar denies this, noting that Plaintiffs copy of the probationary report, which she was given at her May 26, 2006 review meeting, contains the comment; Ramcharitar also states that because her signature on the document is dated May 26, 2006, she must have written in the comment on that date. (Ramcharitar Reply Decl. ¶¶ 3-4.) June and July 2006: Plaintiff was one hour late to work (for a four-hour shift) on June 13, 2006. (Henny Tr. 70-71; Henny Decl. ¶ 65; id. Ex. R, at OMH220; id. Ex. S, at OMH563.) Plaintiffs June probationary report contains a “Satisfactory” rating for “Time and Attendance.” (Henny Decl. Ex. S, at OMH563.) Plaintiffs July report, however, indicates that she was absent July 14, 2006, and again states that “Time and attendance must improve in order to pass probation.” (Id. at OMH560.) There is no other evidence indicating that Plaintiff was absent that day, because Plaintiffs time sheets for the periods between July 5, 2006 and August 2, 2006, and September 28, 2006 and October 25, 2006, are apparently missing. Defendants are unable to explain why Plaintiffs time sheets are incomplete. (Ramcharitar Reply Decl. ¶ 7 (“I have no knowledge of how these timesheets became lost or misplaced.”).) However, Plaintiff does not deny that she was absent on July 14. (Henny Decl. ¶ 67 (“I am marked absent on July 14....”).) August 2006: Plaintiffs August 2006 probationary report states that she was absent August 2,11, and 12. (Henny Decl. Ex. S, at OMH228.) The time sheets covering these dates are missing. Plaintiff, by failing to respond to Defendants’ requests for admission, has admitted that she was absent on August 2, 2006, a pass day during which Plaintiff had been scheduled to work extra hours but failed to show up. (Pepper Decl. ¶ 5; id. Ex. 4, at 2.) See Fed.R.Civ.P. 36(a)(3). Plaintiffs own evidence muddies the picture a bit, though she does not explicitly deny the absence. (Henny Tr. 146 (“Q: [ ] But just for the record you said you don’t recall why you were absent on August 2, '06, correct? A: Yes, sir, I don’t.”); Henny Decl. ¶ 69 (“I have no recollection of being asked to work on my pass day nor had I done that previously. My attendance records are missing and there is no proof I was asked to work that day or said I would and did not show up.”).) Plaintiff was absent on August 11th and 12th with strep throat. (Henny Tr. 69-70.) Plaintiffs doctor’s note said she could return to work August 13th. (Henny Decl. Ex. V.) Plaintiff informed Ramcharitar that she would be out sick for these two days, but she did not testify when she did so. (Henny Tr. 69-70.) On August 7, 2006, Ramcharitar sent Plaintiff a written “counseling” memo “confírm[ing] [a] conversation” about Plaintiffs “time and attendance.” (Henny Decl. Ex. W.) In the memo, Ramcharitar accused Plaintiff of having ten unscheduled absences, and warned her that “further incidents may result in failing your probation.” (Id.) The memo also states that Plaintiff had told Ramcharitar that she was suffering from medical issues, and Ramcharitar told Plaintiff to try to schedule doctor’s visits on pass days and to bring in doctor’s notes. (Id.) Plaintiff signed the memo on August 8, 2006. (Id.) Plaintiff was again given an “Unsatisfactory” grade in the “Time and Attendance” category on her August 2006 probationary report. (Henny Decl. Ex. S, at OMH228.) The report also contains an undated handwritten comment: “Employee was verbally counseled for poor attitude toward coworkers and supervisors and written counseled for time and attendance.” (Id.) Plaintiff claims this comment was not there when she reviewed and signed the report on September 11, 2006, and, moreover, she denies ever receiving verbal counseling for poor attitude. (Henny Decl. ¶ 72.) Ramcharitar claims that she wrote the comment on the day she reviewed the report, August 30, 2006, and has produced a handwritten index card documenting, she says, the “verbal counseling” referred to. (Ramcharitar Reply Decl. ¶ 5.) The card states “8.6.06 — Verbally counseled for bad attitude toward co workers and supervisors.” {Id. Ex. 6.) September 2006: On or about September 3, 2006, Plaintiff received oral “counseling” from a supervisor for leaving a lunch cart in a dining room and forgetting to clean the dining room. (Henny Tr. 90; Ramcharitar Reply Decl. Ex. 6.) Plaintiff was half-an-hour late for her four-hour shift on September 10, 2006; she could not explain why at her deposition. (Henny Decl. Ex. R, at OMH218; Henny Tr. 69.) Plaintiff was again rated “Unsatisfactory” in “Time and Attendance” on her September probationary report (she received “Satisfactory” marks in all other categories), but the report contains no comments. (Henny Decl. Ex. S, at OMH227.) October and November 2006: Plaintiffs final probationary report, dated October 30, 2006, states that she “left early” October 24, was absent October 28, and left early again October 29. (Henny Decl. Ex. S, at OMH 239.) What time sheets are in the record confirm these facts as to the latter two dates. {Id. Ex. R, at OMH217.) As will be discussed further, Plaintiff moved shifts from the 3:00-to-7:00 shift to the early shift on October 26, 2007. According to Plaintiff, this required her to work seven or eight days consecutively without a pass day, covering the end of her previous shift and the beginning of her new one. As a result, her leg was “in bad shape, swollen and causing [her] significant pain.” (Henny Decl. ¶ 81.) On October 27, 2006, Plaintiff fell in the shower and injured her arm. {Id.) She was unable to work the next day, October 28th, and, when she reported to work on October 29, 2006, she was limping and her arm was still in pain. {Id. ¶ 82.) A supervisor insisted that she stop working and go home, even though, she says, she could have performed her job duties that day. {Id.) Both October 28 and October 29 are marked as “unscheduled absence[s]” on Plaintiffs time sheets. {Id. Ex. R, at OMH217.) Plaintiff again was rated “Unsatisfactory” in “Time and Attendance” in her October probationary report, and a supervisor commented on the report that “[t]ime and attendance has not improved since written counseling on 8/8/06.” {Id. Ex. S, at OMH239.) For the first time in her employment history at RPC, Plaintiff also received “Unsatisfactory” ratings in other areas in which she was evaluated, including “Finished appearance of assignment,” “Attitude[ ] toward coworkers,” and “Overall Performance.” {Id.) A supervisor wrote at the bottom of the report that Plaintiff was “verbally counseled for leaving a cart in [dining room] overnight and not cleaning the dining room” on October 8, 2006. {Id.; see also Ramcharitar Reply Decl. Ex. 6 (verbal counseling card for Plaintiff).) At her deposition, Plaintiff denied that the counseling ever happened. (Henny Tr. 91.) In her declaration, Plaintiff does not say that the counseling never happened; instead, she alleges that “while that incident did occur,” it had happened “several months earlier” and was the “only one related to my performance during my tenure.” (Henny Decl. ¶ 85.) Again, Plaintiff alleges that the comment was not on the probationary report when she reviewed it with her supervisors. (Id.) Ramcharitar denies this, and states that Plaintiff reviewed the report (with the comment) with her and Patel at the meeting in which Plaintiff was terminated in November 2006. (Henny Tr. 96-97; Ramcharitar Reply Decl. ¶ 6.) In summer 2006, the need arose for two “replacement” employees to work the early shift temporarily while regular employees were on vacation. (Ramcharitar Decl. ¶ 29.) Ramcharitar asked Lucie Langlois (“Langlois”), an African-American probationary employee, to fill the first spot. (Id.) Langlois had specifically requested time on the early shift so she should could work a second job. (Id.) For the second spot, Ramcharitar asked Kumari Abraham (“Abraham”), a recently hired Indian-American woman who had volunteered to work additional shifts apart from her probationary shift “whenever possible.” (Id. ¶ 30; Henny Decl. ¶ 86.) Ramcharitar did not consider Plaintiff sufficiently reliable to work the early shift, given her history of lateness and unscheduled absences; Ramcharitar explained that it was particularly difficult to find a replacement worker when an FSW is late to the early shift, because the shift begins at 5:30 A.M. (Ramcharitar Decl. ¶¶ 31-32.) Plaintiff, who had applied unsuccessfully for a permanent position on the early shift in June 2006 (Henny Decl. ¶ 34; id. Ex. H), complained to Ramcharitar and Patel that Abraham, who had less seniority than she did, was working the early shift, on which Plaintiff had asked to do extra hours. (Henny Decl. ¶¶ 34, 37; Henny Tr. 112-13.) It appears to be undisputed that at no time during these conversations did Plaintiff say that she felt she was not getting time on the early shift because of either her disability or her race. (Henny Tr. 112-14; Ramcharitar Decl. ¶ 34; Patel Decl. ¶¶ 6-7.) Nevertheless, Plaintiff believes that Patel, an Indian-American, was favoring Abraham, also an Indian-American, over her for time on the early shift. (Henny Decl. ¶ 37.) On October 4, 2006, Defendants posted an opening for a permanent position on the early shift. (Henny Decl. Ex. J.) Per RPC policy, such positions are awarded to the most senior probationary employee who has expressed interest within two weeks of the position being posted. (Ramcharitar Decl. ¶ 4; Henny Tr. 102.) Plaintiff was informed she had been awarded the position on October 19, 2006. (Henny Decl. ¶ 39.) When she began working on the early shift, in late October 2006, she displaced Abraham, who had apparently been working there temporarily. (Id. ¶ 41.) Plaintiff alleges that this made Patel and Ramcharitar “unhappy”; Ramcharitar denies this. (Id.; Ramcharitar Reply Decl. ¶ 8.) On October 30, 2006, Patel and Ramcharitar had a meeting and decided, based on Plaintiffs record of “excessive absences and tardiness,” to recommend her termination. (Patel Decl. ¶¶ 2-3.) After receiving permission from various administrators to fire Plaintiff, Patel met with Plaintiff and told her that she was being terminated. (Henny Tr. 96; Patel Tr. 73.) At this same meeting, Plaintiff reviewed her October probationary report but refused to sign it. (Henny Tr. 96; Henny Decl. Ex. S, at OMH239.) Plaintiffs last work day was November 10, 2006. (Henny Decl. Ex. R, at OMH217.) B. Procedural History Plaintiff (who, at the time, was apparently not represented by counsel) filed a complaint against RPC with the New York State Division of Human Rights on July 11, 2007. (Pepper Decl. Ex. 12.) In it, she claimed that she had been discriminated against because of her disability and her race. Specifically, she claimed that Ramcharitar, despite knowing about Plaintiffs disability, had refused to allow her to work extra hours at times and under conditions that would not exacerbate her condition. (Id. at OMH554-OMH555.) Additionally, she claimed that Patel favored Abraham by awarding her extra time on the “coveted” early shift, in alleged violation of various RPC policies. (Id. at OMH555 (referring to Abraham as “Kamari”).) Finally, Defendants had treated Plaintiffs absences differently from those of another Indian-American employee. (Id.) Plaintiff brought this action on December 17, 2008. (Dkt. No. 1.) Her complaint, as amended, contains claims under Title VII for race discrimination and retaliation (counts 1 and 2) (Second Am. Compl. ¶¶ 64-71), the ADA for discrimination and “harassment and hostile work environment” (counts 3 and 5) (id. ¶¶ 72-74, 79-82), and state law (counts 4 and 6), (id. ¶¶ 75-78, 83-86). The Second Amended Complaint named RPC, two other state agencies, and Patel and Ramcharitar in their official capacities as Defendants. (Dkt. No. 23.) Plaintiff seeks reinstatement “or front pay in lieu thereof’ and damages. (Id. at 15-16.) In August 2010, Plaintiff voluntarily withdrew her state law claims, the ADA “harassment and hostile work environment” claim, and all claims against the individual Defendants with prejudice. (Stipulation (Dkt. No. 30).) Thus, the claims that remain are for discrimination under the ADA, race discrimination under Title VII, and retaliation under Title VII. The remaining Defendants moved for summary judgment on all claims in September 2010. (Dkt. No. 33.) The motions were fully submitted in January 2011. The Court held oral argument on November 15, 2011. II. Discussion A. Standard of Review Summary judgment may be granted where it is shown “that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (same). “When ruling on a summary judgment motion, the district court must construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the movant.” Dall. Aerospace, Inc. v. CIS Air Corp., 352 F.3d 775, 780 (2d Cir.2003); see also Tufariello v. Long Island R.R. Co., 458 F.3d 80, 85 (2d Cir.2006) (noting that a court must draw all reasonable inferences in the nonmovant’s favor). A party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists. See Atl. Mut. Ins. Co. v. CSX Lines, L.L.C., 432 F.3d 428, 433 (2d Cir.2005). “When the burden of proof at trial would fall on the nonmoving party, it ordinarily is sufficient for the movant to point to a lack of evidence to go to the trier of fact on an essential element of the nonmovant’s claim. In that event, the nonmoving party must come forward with admissible evidence sufficient to raise a genuine issue of fact for trial in order to avoid summary judgment.” Jaramillo v. Weyerhaeuser Co., 536 F.3d 140, 145 (2d Cir.2008) (internal citations omitted). “When the moving party has carried its burden under Rule 56[ (a) ], its opponent must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (footnote omitted); see also McPherson v. N.Y.C. Dep’t of Educ., 457 F.3d 211, 215 n. 4 (2d Cir.2006) (“[SJpeculation alone is insufficient to defeat a motion for summary judgment.”). “A fact is ‘material’ when it might affect the outcome of the suit under governing law.” McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 202 (2d Cir.2007) (internal quotation marks omitted). At summary judgment, a court is not charged with weighing the evidence and determining its truth, but with determining whether there is a genuine issue for trial. See Westinghouse Elec. Corp. v. N.Y.C. Transit Auth., 735 F.Supp. 1205, 1212 (S.D.N.Y. 1990). A court’s goal should be “to isolate and dispose of factually unsupported claims.” Celótex, 477 U.S. at 323-24, 106 S.Ct. 2548. B. Analysis 1. ADA Claim The ADA’s first three titles cover discrimination in employment and hiring (Title I), public services, programs, and activities (Title II), and public accommodations (Title III). See Henrietta D. v. Bloomberg, 331 F.3d 261, 272 (2d Cir.2003). Although Plaintiffs Complaint does not specify on which part of ADA her claim is based (Second Am. Compl. ¶ 73), Plaintiff relies on Title II in her motion papers. (Br. of Behalf of PL Yolanda Henny in Opp’n to Def. N.Y. State Office of Mental Health, Rockland’s Mot. for S.J. (“PL’s Mem.”) 10-19.) Defendants argue that ADA claims under Title I are barred by New York State’s sovereign immunity, as protected by the Eleventh Amendment to the U.S. Constitution, and that any claims Plaintiff may be trying to assert under Title II of the ADA are also barred because Title II, as a statutory matter, does not cover employment discrimination claims. (Def.’s Mem. of Law in Supp. of Mot. for S.J. (“Defs.’ Mem.”) 8-13.) Defendants also argue that Plaintiff has failed to prove a prima facie case of disability discrimination under the ADA, and that she has not raised sufficient questions of fact on the merits of her ADA claim to overcome the evidence showing that Plaintiff was terminated not for her disability, but for her absences and tardiness. (Id. at 14-20.) The Eleventh Amendment to the U.S. Constitution provides that “[t]he judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const. Amend. XI. “Although the Amendment, by its terms, bars only federal suits against state governments by citizens of another state or foreign country, it has been interpreted also to bar federal suits against state governments by a state’s own citizens.... ” Woods v. Rondout Valley Cent Sch. Dist., 466 F.3d 232, 236 (2d Cir.2006) (citing Hans v. Louisiana, 134 U.S. 1, 15, 10 S.Ct. 504, 33 L.Ed. 842 (1890)). The Eleventh Amendment applies unless a state affirmatively waives its immunity, see Lapides v. Bd. of Regents of Univ. of Ga., 535 U.S. 613, 618, 122 S.Ct. 1640, 152 L.Ed.2d 806 (2002); Coll. Sav. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675-76, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999), or if Congress, through a statute passed as a valid exercise of its power under section five of the Fourteenth Amendment, makes “unmistakably clear” in the statute’s text its intent to abrogate the states’ immunity, Nev. Dep’t of Human Resources v. Hibbs, 538 U.S. 721, 726, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003). A claim that is barred by a state’s sovereign immunity must be dismissed pursuant to the Eleventh Amendment for lack of subject matter jurisdiction. See Va. Office for Prot. & Advocacy v. Stewart, — U.S.-, 131 S.Ct. 1632, 1637, 179 L.Ed.2d 675 (2011) (noting that “the Eleventh Amendment ... confirm[s] the structural understanding that States entered the Union with their sovereign immunity intact, unlimited by Article Ill’s jurisdictional grant”); Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 54, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (“For over a century [the Supreme Court has] reaffirmed that federal jurisdiction over suits against unconsenting States ‘was not contemplated by the Constitution when establishing the judicial power of the United States.’ ” (quoting Hans, 134 U.S. at 15,10 S.Ct. 504)). Eleventh Amendment immunity extends not only to a State when sued as a defendant in its own name, but also to “state agents and state instrumentalities” when “the state is the real, substantial party in interest.” Regents of the Univ. of Cal. v. Doe, 519 U.S. 425, 429, 117 S.Ct. 900, 137 L.Ed.2d 55 (1997) (internal quotation marks omitted). It is undisputed that the remaining Defendants in this case— RPC and the New York State Office of Mental Health — are agents and instrumentalities of New York State. See Babcock v. NYS Office of Mental Health, No. 04-CV-226, 2009 WL 1598796, at *26 (S.D.N.Y. June 8, 2009) (finding the New York State Office of Mental Health to be a state agency and entitled to state immunity); Lewis v. Krymkevich, No. 07-CV-4583, 2009 WL 4884093, at *2 (S.D.N.Y. Dec. 17, 2009) (adopting magistrate judge’s conclusion that RPC is “an arm of the State of New York entitled to immunity under the Eleventh Amendment”). The Supreme Court has held that Title I of the ADA is not a valid abrogation of the States’ sovereign immunity and thus the Eleventh Amendment bars claims brought under Title I against states or state agencies. Bd. of Trs. of the Univ. of Ala. v. Garrett, 531 U.S. 356, 368-74, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001) (holding that Congress did not validly abrogate the states’ Eleventh Amendment immunity for Title I claims seeking monetary damages); Melrose v. N.Y. State Dep’t of Health Office of Prof' l Med. Conduct, No. 05-CV-8778, 2009 WL 211029, at *5 (S.D.N.Y. Jan. 26, 2009) (dismissing claims brought against state agency for money damages pursuant to Title I of the ADA because such claims were barred by sovereign immunity). This is so for any claims brought under Title I against a State, regardless of the type of relief sought. See Fed. Mar. Comm’n v. S.C. State Ports Auth., 535 U.S. 743, 765, 122 S.Ct. 1864, 152 L.Ed.2d 962 (2002) (“[S]overeign immunity applies regardless of whether a private plaintiffs suit is for monetary damages or some other type of relief’); Seminole Tribe, 517 U.S. at 58, 116 S.Ct. 1114 (noting that the Supreme Court has “often made it clear that the relief sought by a plaintiff suing a State is irrelevant to the question whether the suit is barred by the Eleventh Amendment”). Plaintiff recognizes the insuperable hurdle posed by the Eleventh Amendment to Title I claims, but argues that her claim is a valid Title II claim, noting that Title II explicitly abrogates States’ sovereign immunity. (Pl.’s Mem. 11-12.) See 42 U.S.C. § 12202 (“A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter.” (footnote omitted)); see also Garcia v. S.U.N.Y. Health Sci. Ctr. of Brooklyn, 280 F.3d 98, 111 (2d Cir.2001) (holding that Title II validly abrogated State sovereign immunity only to the extent that plaintiffs may seek relief for Title II violations “motivated by discriminatory animus or ill will based on the plaintiffs’] disability”). Defendants respond that Title II’s language cannot be interpreted to cover claims involving employment or hiring, which are covered by Title I. (Defs.’ Mem. 9-13.) Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. Neither the Supreme Court nor the Second Circuit has decided whether employment discrimination claims may be brought pursuant to Title II. See Garrett, 531 U.S. at 360 n. 1, 121 S.Ct. 955 (declining to decide whether employment discrimination claims can be brought pursuant to Title II when the parties did not brief the issue); Brown v. Connecticut, 08-CV-1478, 2010 WL 2220580, at *18 (D.Conn. May 27, 2010) (“[D]espite multiple opportunities to clarify the law, the Second Circuit has not yet decided whether claims of discrimination in employment are cognizable under Title II of the ADA.”). The two circuit courts that have directly addressed this issue are split. Compare Zimmerman v. Or. Dep’t of Justice, 170 F.3d 1169, 1173 (9th Cir.1999) (holding that Title II is not applicable to employment discrimination), with Bledsoe v. Palm Beach Cnty. Soil & Water Conservation Dist., 133 F.3d 816, 820 (11th Cir. 1998) (concluding that employment discrimination claims can be brought pursuant to Title II). Similarly, the district courts within the Second Circuit are divided on the issue. Compare, e.g., Gallagher v. Town of Fairfield, No. 10-CV-1270, 2011 WL 3563160, at *2-3 (D.Conn. Aug. 15, 2011) (holding that Title II does not cover employment discrimination claims); Reddick v. S. Conn. State Univ., No. 10-CV-1118, 2011 WL 1833288, at *2-3 (D.Conn. May 12, 2011) (construing an employment discrimination claim to be brought under Title I, on the assumption that Title II does not cover such claims); Emmons v. City Univ. of N.Y., 715 F.Supp.2d 394, 408 (E.D.N.Y.2010) (holding “that Title I is the exclusive remedy for employment discrimination claims” (emphasis in original)); Melrose, 2009 WL 211029, at *9 (finding that the plaintiffs employment discrimination claims could not be brought pursuant to Title II); Fleming v. State Univ. of N.Y., 502 F.Supp.2d 324, 333-34 (E.D.N.Y.2007) (same), with Transp. Workers Union of Am., Local 100 v. N.Y.C. Transit Auth., 342 F.Supp.2d 160, 175 (S.D.N.Y.2004) (holding that Title II could be used for employment discrimination claims); Winokur v. Office of Court Admin., 190 F.Supp.2d 444, 449 (E.D.N.Y.2002) (same). “When interpreting the terms of a statute, the court ‘generally look[s] first to the plain language ... and interprets] it by its ordinary, common meaning.’ ” Cormier v. City of Meriden, No. 03-CV-1819, 2004 WL 2377079, at *2 (D.Conn. Sept. 30, 2004) (alterations and omissions in original) (quoting Luyando v. Grinker, 8 F.3d 948, 951 (2d Cir.1993)); see also Carcieri v. Salazar, 555 U.S. 379, 387-88, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009) (noting that under “settled principles of statutory construction[,] ... [courts] must first determine whether the statutory text is plain and unambiguous,” and “[i]f it is, [courts] must apply the statute according to its terms”). The Court agrees with the Ninth Circuit’s reasoning that the plain or common meaning of the phrase “the services, programs, or activities of a public entity” is the programs or activities offered to the public by the agency, as opposed to the internal administration or workings of the agency. See Zimmerman, 170 F.3d at 1174 (noting that “[a] common understanding of [the phrase ‘services, programs, or activities’] shows that it applies only to the ‘outputs’ of a public agency, not to ‘inputs’ such as employment”); see also Cormier, 2004 WL 2377079, at *2-*3 (same). In other words, the phrase “services, programs, or activities” most logically refers to such things as the provision of medical services by a public hospital, the facilities of a public park, or social services provided by a public agency, not to employment at the public agency. See Cormier, 2004 WL 2377079, at *3 (noting, in dismissing plaintiffs claims regarding employment discrimination at a fire department, that the fire department would “describe the ‘services, programs, and activities’ it[][] provides as taking emergency telephone calls, dispatching fire and emergency personnel, putting out fires, and otherwise protecting public safety,” not as “hiring its employees”); Filush v. Town of Weston, 266 F.Supp.2d 322, 328 (D.Conn.2003) (“If asked what services, programs, and activities it provided, [a] [t]own might respond that it provided basic municipal services such as public education, public transportation, or law enforcement. It would not answer that it hired teachers, bus drivers, and police officers.”). The second clause of Title II’s prohibition against disability discrimination states that no qualified individual “shall ... be subjected to discrimination” on account of his disability by a public entity. 42 U.S.C. § 12132. In Bledsoe, the Eleventh Circuit seized upon this broader language, holding that Title II applies to employment discrimination in part because the second clause “is not tied directly to the ‘services, programs, or activities’ of the public entity.” 133 F.3d at 821-22; see also Filush, 266 F.Supp.2d at 328 (noting that “[s]ome courts have held that the second clause is independent from the first and that it prohibits any form of discrimination by a public entity” (emphasis in original)). However, as the Ninth Circuit noted in Zimmerman, Title II links the second clause to the first clause by placing them together in a single sentence and by defining a “qualified individual” to mean “an individual with a disability who ... meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” 42 U.S.C. § 12131(2); see also Zimmerman, 170 F.3d at 1175-76 (noting that “the second clause ... must relate to a government service, program, or activity; otherwise a plaintiff is not ‘qualified’ to bring a claim”); Filush, 266 F.Supp.2d at 329 (noting that the second clause “appears to relate back to the same services, programs, and activities of a public entity that the first clause covers” (alterations and internal quotation marks omitted)). Even if the- plain meaning of the text was ambiguous, the overall structure and specific provisions of the ADA further support the argument that Congress did not intend for Title II to encompass employment discrimination. Regarding the overall structure, the Supreme Court noted in Tennessee v. Lane that the ADA covers “three major areas of public life: employment, which is covered by Title I ...; public services, programs, and. activities, which are the subject of Title II; .and public accommodations, which are covered by Title III.” 541 U.S. 509, 516-17, 124 S.Ct. 1978, 158 L.Ed.2d 820 (2004); see also Cormier, 2004 WL 2377079, at *6 (noting that the Supreme Court’s language from Lane offers a “fairly strong indication that the Supreme Court would not consider Title II to be the appropriate statutory vehicle for employment cases”). More specifically, Title I “is entitled ‘Employment’ and expressly covers claims for employment discrimination,” Syken v. New York, No. 02-CV-4673, 2003 WL 1787250, at *7 n. 9 (S.D.N.Y. Apr. 2, 2003). In contrast, Title II is entitled “Public Services” and contains no provisions expressly covering employment discrimination. See Melrose, 2009 WL 211029, at *9 (noting difference between titles and provisions of Title I and Title II); Filush, 266 F.Supp.2d at 329 (noting that the legislative heading for “Title II, ‘Public Services,’ suggests that it was intended to pertain only to the provision of public services”). Moreover, as explained, the definition of qualified individual in Title I “refers to a person’s qualifications to work and be employed,” but the definition of qualified individual in Title II “refers to a person who is eligible to receive services or participate in programs or activities provided by a public entity.” Filush, 266 F.Supp.2d at 330; see also Syken, 2003 WL 1787250, at *8 (noting that “Title I specifically defines ‘qualified individual with a disability’ in terms of employment,” but Title II’s definition of that same term “has nothing to do with employment”). Indeed, the Supreme Court has questioned whether “Title II of the ADA, dealing with the ‘services, programs, or activities of a public entity,’ is available for claims of employment discrimination when Title I of the ADA expressly deals with that subject,” noting that “[wjhere Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.” Garrett, 531 U.S. at 360 n. 1, 121 S.Ct. 955 (citations and internal quotation marks omitted). Importantly, as many courts have pointed out, reading Title II to encompass employment discrimination would eviscerate many of the specific limits placed on employment discrimination claims by Title I. For example, “[ujnlike Title I, Title II does not require a plaintiff to exhaust his administrative remedies prior to filing suit.” Syken, 2003 WL 1787250, at *9. As a result, allowing employment discrimination claims under Title II would allow all employees of public entities to bypass the administrative exhaustion process and file suit directly in federal court. See id,.; see also Filush, 266 F.Supp.2d at 330 (noting the impractical result of allowing public employees to “circumvent the administrative procedures required under Title I”). Furthermore, unlike Title I, which limits actionable employment discrimination to claims, against employers (including public entities) with fifteen or more employees, Title II would allow claims against public entities regardless of the number of employees. See Syken, 2003 WL 1787250, at *9 (noting the redundancy of allowing public employees of an agency with more than fifteen employees to sue under either Title I or Title II). Moreover, Title I sets out a specific affirmative defense against claims of employment discrimination based on the application of a test or criteria that denies a qualified individual “a job or benefit” if the test or criteria is “shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation.” 42 U.S.C. § 12113. Because Title II contains no similar provision, public employers might not be able to avail themselves of this defense if plaintiffs bring employment discrimination claims under Title II. Additionally, because the ADA charges the EEOC with enforcing Title I and the Department of Justice (“DOJ”) with enforcing Title II, allowing employment discrimination claims to be brought under either title creates the potential for conflicting regulations on the same subject. See Fleming, 502 F.Supp.2d at 331 (noting that “Congress [ ] charged different agencies with implementing Title I (EEOC) and II (DOJ)”). Thus, based on the plain meaning of the text and the structure of the statute, the Court finds that Title II of the ADA does not cover employment discrimination claims. Accordingly, Plaintiff cannot bring her employment discrimination claim pursuant to Title II, and, therefore, summary judgment on this claim must be awarded in Defendants’ favor. Because Plaintiffs claims are barred on statutory grounds, the Court need not address the potentially complicated constitutional question of whether Congress validly abrogated the states’ sovereign immunity for Title II employment discrimination claims. See Fleming, 502 F.Supp.2d at 334 (declining to decide whether the Eleventh Amendment barred the plaintiffs Title II employment discrimination claims after dismissing the claims on statutory grounds, noting that plaintiffs should not be permitted to “circumvent Garrett’s holding that Title I’s prohibition on disability-based employment discrimination does not apply to state employers” by pleading Title II claims); Sworn v. W. N.Y. Children’s Psychiatric Ctr., 269 F.Supp.2d 152, 157-58 (W.D.N.Y. 2003) (same). The Court also need not address, and expresses no view about, whether Plaintiff has produced enough evidence on the merits of her disability discrimination claim to go to a jury had the claim not been barred. 2. Title VII Claims a. Race Discrimination It is well established that race discrimination claims under Title VII should be analyzed under the familiar burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See, e.g., Vivenzio v. City of Syracuse, 611 F.3d 98, 106 (2d Cir.2010); Liburd v. Bronx Lebanon Hosp. Ctr., No. 07-CV-11316, 2009 WL 900739, at *3 (S.D.N.Y. Apr. 3, 2009). Under McDonnell Douglas, “the plaintiff bears the initial burden of establishing a prima facie case of discrimination [under Title VII]. If the plaintiff does so, the burden shifts to the defendant to articulate ‘some legitimate, non-discriminatory reason’ for its action. If such a reason is provided, the plaintiff may no longer rely on the presumption raised by the prima facie case, but may still prevail by showing, without the benefit of the presumption, that the employer’s determination was in fact the result of racial discrimination.” Holcomb v. Iona Coll., 521 F.3d 130, 138 (2d Cir.2008) (citation omitted) (quoting McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817); see also Abdu-Brisson v. Delta Air Lines, Inc., 239 F.3d 456, 466-67 (2d Cir.2001) (same). To do so, a plaintiff “must produce not simply some evidence, but sufficient evidence to support a rational finding that the legitimate, non-discriminatory reasons proffered by the defendant were false, and that more likely than not discrimination was the real reason for the employment action.” Weinstock v. Columbia Univ., 224 F.3d 33, 42 (2d Cir.2000) (alterations and internal quotation marks omitted). “To get to the jury, ‘it is not enough to disbelieve the employer; the factfinder must also believe the plaintiffs explanation of intentional discrimination.’ ” Id. (alterations omitted) (quoting St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 519, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)). To satisfy her burden of establishing a prima facie case of discrimination, a plaintiff must produce evidence that shows that: (1) she belongs to a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) the circumstances surrounding the adverse employment action give rise to an inference of discrimination. See Holcomb, 521 F.3d at 138; see also McGuinness v. Lincoln Hall, 263 F.3d 49, 53 (2d Cir.2001). In their opening memorandum, Defendants concede for purposes of this motion that the first three elements are satisfied in this case. (Defs.’ Mem. 21.) It is certainly not disputed that Henny is African-American and was qualified for her job. As for the required adverse employment action, Defendants apparently assumed that Plaintiff was relying on her termination. {See id.) In the three pages in her submission she devotes to the race discrimination claim, Plaintiff makes her theory somewhat unclear. She argues that Defendants placed Abraham, an Indian-American, on the early shift, while denying Plaintiff “access” to that shift for extra hours purposes; then, after Plaintiff complained and Defendants were “forced” to post an opening for a permanent position, which Plaintiff bid on and was awarded, Defendants fired Plaintiff and placed Abraham back in her old position on the early shift. (Pl.’s Mem. 21-22; see also Henny Decl. ¶ 87 (alleging that “upon my termination, Abraham was returned to her original spot on the Early Shift, taking over the spot I had only recently won. Clearly, Patel wanted Abpaham -to have that shift.”).) Thus, it is not clear whether Plaintiff thinks that, apart from her termination, her exclusion from the early shift in favor of Abraham also constituted an adverse employment action. In their reply, Defendants read Plaintiffs submission as “abandonfing]” her claim that her termination was based on race, but continue to concede that Plaintiff has shown that she suffered an adverse employment action. (Defs.’ Reply 11.) Giving Plaintiff the benefit of the doubt and assuming that she is arguing that both her exclusion from the early shift in favor of Abraham and her termination were adverse employment actions motivated by her race, the Court is somewhat perplexed at Defendants’ concession that the former constitutes an adverse employment action. See Edwards v. MetroNorth Commuter R.R. Co., No. 04-CV-1430, 2006 WL 2790402, at *5 (D.Conn. Sept. 27, 2006) (“Consideration of the ... existence of an adverse employment actionf ] requires isolation of the specific actions claimed by the plaintiff.”). Still, the Court will assume for purposes of this motion that both can be adverse employment actions. The Second Circuit has not created an “unbending or rigid rule about what circumstances allow an inference of discrimination when there is an adverse employment decision.” Chertkova v. Conn. Gen. Life Ins. Co., 92 F.3d 81, 91 (2d Cir.1996). A Plaintiff may satisfy this element of the prima facie case by showing direct evidence of discriminatory animus, such as “remarks made by decisionmakers that could be viewed as reflecting [such] animus.” Id. Alternatively, “[a] plaintiff may support an inference of race discrimination by demonstrating that similarly situated employees of a different race were treated more favorably.” Norville v. Staten Island Univ. Hosp., 196 F.3d 89, 95 (2d Cir.1999); see also Mandell v. Cnty. of Suffolk, 316 F.3d 368, 379 (2d Cir.2003) (“A showing of disparate treatment — that is, a showing that the employer treated plaintiff ‘less favorably than a similarly situated employee outside his protected group’ — is a recognized method of raising an inference of discrimination for purposes of making out a prima facie case.” (quoting Graham v. Long Island R.R., 230 F.3d 34, 39 (2d Cir.2000))). Conclusory and speculative allegations will not suffice to demonstrate discriminatory intent. Rather, Plaintiff “must point to facts that suggest” that the adverse action was motivated, at least in part, by discriminatory animus. Kalsi v. N.Y.C. Transit Auth., 62 F.Supp.2d 745, 753 (E.D.N.Y.1998), aff'd, 189 F.3d 461 (2d Cir.1999); see also Anderson v. Port Auth. of N.Y. & N.J., No. 04-CV-4331, 2009 WL 102211, at *4 (S.D.N.Y. Jan. 12, 2009) (“[M]ere conclusory allegations of discrimination will not defeat a summary judgment motion; a plaintiff in a discrimination case must proffer ‘concrete particulars’ to substantiate his claim.”); Whaley v. City Univ. of N.Y., 555 F.Supp.2d 381, 399 (S.D.N Y.2008) (finding no inference of discrimination because Plaintiff presented no evidence supporting discriminatory animus). “Although the burden of meeting the prima facie case is ‘de minimis,’ Plaintiff must adduce some admissible evidence that would support [his] claims.” Hill v. Rayboy-Brauestein, 467 F.Supp.2d 336, 356 (S.D.N.Y.2006). As to Defendants’ alleged denial of Plaintiff’s opportunity to work the early shift, Plaintiff does not point to any direct evidence of discriminatory animus and instead relies entirely on the decision of Patel, one of her supervisors who is Indian-American, to give Abraham the extra hours on the early shift. (Pl.’s Mem. 21-22.) Similarly, as to her termination, Plaintiff asserts that when she was finally awarded the early shift position in October 2006, Defendants fired her soon thereafter and reinstated Abraham to the position. (Id. at 22.) Plaintiff and Abraham were both probationary employees; Abraham had less seniority than Plaintiff, and, at least on Plaintiff’s view of the facts, both had asked for work on the early shift. (Ramcharitar Decl. ¶ 30; Henny Decl. ¶¶ 34, 86.) In light of the minimal burden Plaintiff bears to establish a prima facie case, the Court agrees that this evidence, viewed in Plaintiff’s favor, does establish a prima facie case of race discrimination. See D’Cunha v. Genovese/Eckerd Corp., 479 F.3d 193, 195 (2d Cir.2007) (holding that inference of age discrimination was shown where plaintiff was passed over for hiring in favor of two others, one of whom had a “significant enough” difference in age from the plaintiff); de la Cruz v. N.Y.C. Human Resources Admin. Dep’t of Soc. Servs., 82 F.3d 16, 20 (2d Cir.1996) (noting that prima facie case of discrimination may be demonstrated by showing that the plaintiff “was replaced by someone not a member of his protected class”); Artope v. Ctr. for Animal Care & Control, Inc., No. 05-CV-9283, 2009 WL 874037, at *9 (S.D.N.Y. Mar. 27, 2009) (“Replacement by someone outside the plaintiffs protected category is a circumstance that gives rise to an inference of discrimination.”); Gibson v. Naugatuck Hous. Auth., No. 04-CV-1616, 2007 WL 2572265, at *4 (D.Conn. Sept. 5, 2007) (noting that “more favorable treatment of a similarly situated coworker by a supervisor of the same race will frequently support a prima facie case of race discrimination,” but finding that there was no evidence the similarly situated employee had been treated favorably). Defendants point to Plaintiffs “excessive absences and tardiness” as their legitimate, non-discriminatory reason for terminating Plaintiff. (Defs.’ Mem. 22.) Similarly, Ramcharitar explains that she did not consider asking Plaintiff to fill the temporary position occupied by Abraham because Plaintiff had already been late or absent several times by that point and Ramcharitar did not consider her “sufficiently reliable.” (Ramcharitar Decl. ¶ 32.) Obtaining a replacement for an early-shift FSW at short notice “require[d] calling another employee at 5:30 a.m. or earlier and waking him or her up ... to make the extra-time request.” (Id. ¶ 31.) The record does reflect that by summer 2006, when the need arose for extra help on the early shift, Plaintiff had indeed been absent four times in April and two times in May, and had been late twice (once in May, once in June). Plaintiffs lateness and absences certainly suffice to establish a legitimate, non-discriminatory reason for her treatment. See Kanhoye v. Altana Inc., 686 F.Supp.2d 199, 209 (E.D.N.Y. 2009) (holding that “minimal burden” to establish legitimate, nondiscriminatory reason was satisfied where plaintiff received “below expectations” ratings in the “lateness” category on job performance reviews); Edwards v. Elmhurst Hosp. Ctr., No. 07-CV2452, 2009 WL 6683365, at *7 (E.D.N.Y. Sept. 17, 2009) (concluding that plaintiffs “excessive absences and lateness” constituted a legitimate, non-discriminatory reason for changing plaintiffs employment status); Ebanks v. Neiman Marcus Grp., Inc., 414 F.Supp.2d 320, 337 (S.D.N.Y.2006) (holding that plaintiffs’ lateness and frequent absences were legitimate, nondiscriminatory reason for their termination). Having proffered a legitimate, non-discriminatory reason for Plaintiffs exclusion from the early shift and her termination, the presumption of discrimination created by Plaintiffs showing of a prima facie case “drops out of the picture.” James v. N.Y. Racing Ass’n, 233 F.3d 149, 154 (2d Cir.2000) (quoting St. Mary’s Honor Ctr., 509 U.S. at 510-11, 113 S.Ct. 2742). Defendants are therefore “entitled to summary judgment ... unless the plaintiff can point to evidence that reasonably supports a finding of prohibited discrimination.” Id.; see also Dawson v. Bumble & Bumble, 398 F.3d 211, 216 (2d Cir.2005) (same). Plaintiff must produce sufficient evidence from which a rational jury could conclude that “the defendant was in fact motivated at least in part by the prohibited discriminatory animus.” Henry v. Wyeth Pharms., Inc., 616 F.3d 134, 156 (2d Cir. 2010). A plaintiff may, but need not, attempt to prove that the employer’s legitimate, non-discriminatory explanation is dishonest, see id., but, if a plaintiff does attempt to do so, she may not rely sole