Miller v. City of New York

OPINION & ORDER  The City of New York (the “City”) moves for summary judgment in this class action brought by female New York City school crossing guards claiming violations of the Equal Pay Act (“EPA”), New York State Human Rights Law (“SHRL”), and New York City Human Rights Law (“CHRL”). For the reasons that follow, the City’s motion for summary judgment is granted.BACKGROUNDIn October 2016, this Court, on consent, conditionally certified a collective action on Plaintiffs’ EPA claim and certified a class action on Plaintiffs’ SHRL and CHRL claims. (See Order, ECF No. 42 “Order”.) Both classes were defined as female employees who are or were employed as school crossing guards (“School Crossing Guards”) from September 2012 through December 2016. (Order.) Approximately 1,600 School Crossing Guards opted into the collective action, and the SHRL and CHRL classes consist of over 2,000 individuals. (See Docket; Declaration of Aliza Balog, ECF No. 89 (“Balog Decl.”), Ex. A (“Gender Breakdown”).)School Crossing Guards work for the New York City Police Department (“NYPD”), and are tasked with managing the flow of children and their parents at intersections near schools. (See First Amended Complaint, ECF No. 30 (“FAC”),

586-587.) The School Crossing Guard Manual describes the purpose of a School Crossing Guard as “protect[ing] children at school crossings.” (Balog Decl., Ex. R (“Crossing Guard Manual”), at 8.) School Crossing Guards regulate traffic in accord with traffic signals, stop traffic to allow children to cross, inform pedestrians how to contact the police, and make note of traffic violations that they observe. (Crossing Guard Manual, at 8.) They are not permitted to override traffic signals and are required to “[r]emain on [the] sidewalk near the curb when not directing children across the street.” (Crossing Guard Manual, at 8 (“Regulate traffic only as necessary to escort children safely across the street.”) (emphasis added); Balog Decl., Ex. S (“Crossing Guard Job Specifications”).)School Crossing Guards do not sit for a civil service examination or undergo psychological testing. (Defendant’s Local Rule 56.1 Statement of Material Undisputed Facts, ECF No. 92 (“Def.’s 56.1 Statement”),