Howard v. Consol. Edison Co. of New York Inc.

MEMORANDUM & ORDER On January 19, 2017, pro se plaintiff Kawana Howard filed this action against defendant Consolidated Edison Company of New York (“ConEd”). It is brought pursuant to 42 U.S.C. §1981, Title VII of the Civil Rights Act of 1964 (“Title VII”), New York State Human Rights Law (“NYSHRL”), and New York City Human Rights Law (“NYCHRL”), alleging that defendant unlawfully discriminated against her on the basis of race and sex and retaliated against her for participation in an earlier investigation into sex discrimination at ConEd. Howard also claims that defendant violated her rights under the Family and Medical Leave Act (“FMLA”) for discharging her while on medical leave. Defendant has now moved for summary judgment, pursuant to Federal Rule of Civil Procedure 56(a). For the reasons set forth below, ConEd’s motion is granted. Background¹ A. Employment at ConEd Howard began her career at ConEd in August of 2002, when she was hired as a Customer Field Representative. Dkt. 63-1 (“Def’s SoF”) 1. By August 2012, Howard had transitioned to work as an Inspector in the Special Projects Group of ConEd’s construction organization, a position that she held until her termination in May 2015. Id. 2, 15. During the time that Howard worked at ConEd, she was represented by Utility Workers of America Local 1-2, which had a collective bargaining agreement with ConEd that governed the terms and conditions of her employment there. Id. 3. In 2007, the New York Attorney General’s Office began an investigation into allegations of sex discrimination against female workers at ConEd. Dkt. 63-11 (“Pl’s SoF”) 8. Starting in 2009, Howard actively participated in the Attorney General’s investigation and continued participating over the next several years. Dkt. 63-10 (“Howard Aff.”) 8. Howard claims that she “complain[ed] about sex and race-based discrimination” in interviews with the Attorney General’s office, and specifically discussed discrimination on the part of Pascale Ambrosio, id.

9-10, who became manager of Howard’s department on July 1, 2013. Def’s SoF 4. The Attorney General’s investigation culminated in a lawsuit with a $3.8 million settlement, in which Howard declined to participate. Howard Aff.