Batchelor v. City of New York (12 F. Supp. 3d 458, 2014)

MEMORANDUM & ORDER

MARGO K. BRODIE, District Judge:

Plaintiff Gamien Batchelor brings the above-captioned action against Defendants City of New York, New York City Department of Correction (“DOC”), DOC Commissioner Dora Shiro, Assistant Commissioner Richard R. White, Director Dennis Wall, Deputy Director Alexis Castillo and Chief of Department Larry Davis, Sr., alleging claims of race and gender discrimination, retaliation and creation of a hostile work environment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq. (“NYSHRL”), the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. (“NYCHRL”), and 42 U.S.C. § 1983 and § 1981. Defendants moved for summary judgment as to all claims. (Docket Entry No. 36.) On October 16, 2013, the Court referred the motion to Magistrate Judge Vera M. Scanlon for a report and recommendation. On February 16, 2014, Judge Scanlon issued a report and recommendation (“R & R”), recommending that the Court (1) dismiss all of Plaintiffs claims against DOC, (2) grant Plaintiffs request to withdraw her § 1983 claims, (3) dismiss Plaintiffs § 1981 gender discrimination claims, (4) dismiss Plaintiffs § 1981, NYSHRL and NYCHRL claims against Defendant Schiro in her individual capacity, (5) grant Defendants’ summary judgment motion as to Plaintiffs federal, state and city race and gender discrimination claims as to the preferential allocation of vacation and holiday allegations during her employment at the Investigations Division, (6) deny Defendants’ summary judgment motion as to Plaintiffs federal, state and city race and gender discrimination claims as to specialty-pay denial, (7) grant Defendants’ summary judgment motion as to Plaintiffs federal, state and city law race and gender discrimination claims as to her transfer from the Investigations Division to the North Infirmary Command, (8) grant Defendants’ summary judgment motion as to Plaintiffs federal, state and city law gender discrimination claims relating to various employment actions taken against her during her time at the North Infirmary Command and the Anna M. Kross Center, (9) grant Defendants’ summary judgment motion as to Plaintiffs federal, state and city law hostile work environment claims stemming from her time at the North Infirmary Command and the Anna M. Kross Center, and (10) grant Defendants’ summary judgment motion as to Plaintiffs federal, state and city law retaliation claims. (Docket Entry No. 45.) Plaintiff timely filed objections. (Docket Entry No. 48.) Defendants did not file objections. For the reasons set forth below, the Court adopts Judge Scanlon’s R & R in its entirety.

I. Background

The facts and procedural history of this action are set forth in detail in the R & R and are repeated here as necessary to provide context for the Court’s decision.

Plaintiff is an African-American woman who is currently employed as a captain with the DOC. (Def. 56.1 ¶2 (citing Def. Ex. B, Deposition of Gamien Batchelor, (“PI. Dep.”) 8:2); Compl. ¶ 5.) Plaintiff began working with DOC as a corrections officer in 2001, and was stationed at the North Infirmary Unit (“NIC”) from 2005 through 2007. (PI. Ex. A, Affidavit of Gamien Batchelor (“Batchelor Aff.”) ¶ 1; PI. Dep. 21:25-22:5.) Plaintiff was appointed to the rank of captain on January 19, 2007, and in December 2007 applied for a transfer to work in the Investigation Division (“ID”). The parties dispute what criteria were used by the ID in selecting captains. According to Plaintiff, one of the factors was a DOC-wide “promotions list” number that is assigned to each employee and is designed to represent that employee’s seniority. (PI. Dep. 29:17-24.) Plaintiff contends that another factor was the applicant’s score on a citywide administration test. (PI. Ex. D, Affidavit of Robin Franklin (“Franklin Aff.”) ¶ 7.) Plaintiff was interviewed in part by Richard White, a Deputy Commissioner in the ID, and Wall, a Deputy Director in the ID. (Def. 56.1 ¶ 5; Pl. 56.1 ¶ 5.) Plaintiff and another individual, Nathan Bialek, were both selected to work as captains in the ID on February 29, 2008. (Pl. Ex. C.)

a.Performance in the Investigations Division

Plaintiff began working in the ID on March 7, 2008, (Def. 56.1 ¶2; Pl. 56.1 ¶2), where she was responsible for supervising investigators and keeping track of the status of investigations, (Def. Ex. C, Deposition of Richard White (