Judge Paul Engelmayer
Rosario, a pro se litigant originally from the Dominican Republic, was a per diem substitute teacher in the New York City school system. He was twice notified of placement on the Department of Education’s “ineligible/inquiry list,” as of Sept. 11, 2009, because of arrests and convictions arising from his purported harassment and stalking of a woman, and subsequent violation of a protection order. He also failed to report the events to the department. Based on prior warnings to Rosario, the court treated questions seeking to establish the facts of his arrests and convictions—to which he invoked his Fifth Amendment—as undisputed. Guided by the burden shifting framework of McDonnell Douglas v. Green, district court granted the city summary judgment dismissing Rosario’s claim of employment bias violating Title VII of the Civil Rights Act. Rosario’s allegations did not establish a prima facie case of national origin discrimination. Moreover, his underlying crimes, in addition to his breach of his reporting duties with respect to those crimes, supplied a legitimate, nondiscriminatory basis for the department’s actions in deciding to place him on the ineligible/inquiry list.