Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019

United States District Court for the Eastern District of New York · 2019-03-25

42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

42 U.S.C. § 1981

Role: applied; posture: civil; public-school teacher's Section 1981 claims (brought through Section 1983) of race and skin-color discrimination, hostile work environment and retaliation; Rule 12(b)(6) motion to dismiss granted on adoption of the magistrate judge's R & R, with leave to amend (E.D.N.Y.); result: claimant-lost; claim:

Uncertainty

opinion: the R & R is a magistrate judge's recommendation, not a lower-court ruling; it is marked controlling because Judge Chen's order adopts it "in its entirety". The IR text is capped at 60000 chars, so the R & R's disparate-treatment, hostile-environment and retaliation sections are cut off.

Element hostile-environment: route: no route for the because-of-protected-status (race causation) prong of the hostile-environment test

Misfit

None recorded

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 15

42 U.S.C. § 1981
CasePersons protected by equal contractual rightsPlaintiff has rights in an existing or proposed contractFormation performance termination or contractual benefitsJudicial intentional-race-discrimination requirementJudicial but-for causation of contractual injuryNongovernmental impairment
Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed

Elements 7–12 of 15

42 U.S.C. § 1981
CaseJudicial section 1983 remedial route for state-law impairmentOpposition to racial impairment of contract rightsJudicial defendant-knowledge requirement for retaliationJudicial material-adversity requirement for retaliationJudicial causation requirement for retaliatory injuryContract and retaliation scope with noncontract clauses identified
Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–15 of 15

42 U.S.C. § 1981
CaseJudicial hostile-environment threshold and attributionClaim-specific limitations and accrualCompensatory equitable punitive and fee remedies
Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 — not · pleaded (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Formation performance termination or contractual benefitsnot
Counted merits instance
applied / merits

basis: pleaded; opinion: order (Bulsara, M.J. (report and recommendation, adopted in its entirety by the order)); subject: opinion=order (Bulsara, M.J. (report and recommendation, adopted in its entirety by the order))

The district judge overruled the objection to this part of the R & R and adopted it (order @8641..9057).
partial-denial-and-delay-of-schedule-accommodation-letters-to-file-and-unevenly-applied-workplace-rules
"A plaintiff sustains an adverse employment action if he or she endures a materially adverse change in the terms and conditions of employment."
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [50247:50390] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

As to the failure to accommodate and the related delay, Sosa alleges Defendants failed to provide her with a single prep period on one day of the work week, as she had originally requested.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [52744:52933] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

For one thing, because she received almost everything she asked for, there was no negative change in her employment conditions; and one prep period cannot be seen as anything but a de minimis change.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [53276:53475] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

As to the allegations of professional misconduct, Sosa alleges Defendants improperly accused her of missing work, which resulted in at least two disciplinary letters in her file.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [55541:55719] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Accepting that Sosa was treated differently with respect to these items, there is no allegation they affected her pay, are related to benefits or privileges of employment, or evidenced a demotion.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [57389:57585] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Without an identifiable adverse employment action, Sosa's claims for race and skin color discrimination under § 1981 and § 1983 must be dismissed.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [58247:58393] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 — not · pleaded (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Judicial hostile-environment threshold and attributionnot
Counted merits instance
applied / merits

basis: pleaded

Decided on the because-of-race requirement of the hostile-environment test only; severity or pervasiveness was assumed arguendo by the R & R and not decided (order @9149..10654).
only-teacher-of-her-origin-and-skin-color-in-unit-without-facts-linking-treatment-to-race
Plaintiff's allegations that she "is the only teacher of West Indian Origin in her unit at P4Q@PS213," that she "is the teacher with the darkest skin color," and that she "is the only African American teacher in her unit at P4Q@PS213 with a disability" (Complaint at ¶¶ 16-18) are not enough to support an inference of causation.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [11515:11844] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

However, the facts alleged by Plaintiff in her complaint and attached exhibits do not support any inference "that a hostile work environment was created and existed because of [her] protected status, either race, color, or national origin."
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [11198:11438] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Thus, this objection does not provide a basis for rejecting or modifying the R & R and the Court adopts the R & R's recommendation that Plaintiff's § 1981, Title VII, and ADA claims of hostile work environment be dismissed.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [12673:12896] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 — satisfied · pleaded (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Plaintiff has rights in an existing or proposed contractsatisfied
Counted merits instance
applied / merits

basis: pleaded; opinion: order (Bulsara, M.J. (report and recommendation, adopted in its entirety by the order)); subject: opinion=order (Bulsara, M.J. (report and recommendation, adopted in its entirety by the order))

public-school-special-education-teacher
Sosa has been employed with the NYCDOE since 1996 and has been a special education teacher since 2004 at P4Q@213, which is located at 67th Avenue in Queens, New York.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [18950:19116] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 — satisfied · pleaded (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Persons protected by equal contractual rightssatisfied
Counted merits instance
applied / merits

basis: pleaded; opinion: order (Bulsara, M.J. (report and recommendation, adopted in its entirety by the order)); subject: opinion=order (Bulsara, M.J. (report and recommendation, adopted in its entirety by the order))

african-american-teacher-of-west-indian-origin
Sosa identifies as an African American woman of West Indian origin, with darker-hued skin color.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [19449:19545] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger — 368 F. Supp. 3d 489 (2019) · United States District Court for the Eastern District of New York · 2019 — not · pleaded (42usc1981: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Judicial intentional-race-discrimination requirementnot
Counted merits instance
applied / merits

basis: pleaded

unnamed-caucasian-teachers-whose-scheduling-requests-were-granted
Plaintiff must do more than make conclusory legal allegations that she is substantially similar to her colleagues in order to adequately plead this claim.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [13966:14120] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Plaintiff alleges that "defendants regularly granted the requests of other Caucasian, non-African American teachers for scheduling changes and classroom transfers."
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [15013:15177] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

However, Plaintiff "fails to describe who these people are, what their responsibilities were, how their workplace conduct compared to [hers], or how they were treated."
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [15199:15367] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Here, the fact that Plaintiff and her colleagues are all teachers is not enough.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [14531:14611] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Accordingly, based on its de novo review, the Court adopts the R & R's recommendation that the Plaintiff's § 1981 and Title VII disparate treatment claims be dismissed.
Source: docroot/ir/caselaw/f_supp_3d_368.jsonl#/f-supp-3d/368/0489-01; Unicode character offsets [15791:15959] (end exclusive); SHA-256 a0a3a1f4d2d4b07c6b8cd3ebf69de3ca10eb819f9c80c558c27375c0b189b780.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case