OPINION & ORDER Plaintiffs Patricia Bunten, Reginald Brown, Tamie Hollins, Lisa Ross, Maurice Williams, and Maritza Wilson (collectively, “Plaintiffs”) commenced this action via Complaint against Defendants Joseph Donat, George Garrison,1 and the City of Newburgh (the “City”) (collectively, “Defendants”) on May 21, 2021 (“Compl.,” ECF No. 1). Plaintiffs assert claims of discrimination on the basis of race, gender, and national origin under the Fourteenth Amendment pursuant to 42 U.S.C. §1983. Before the Court is Defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 seeking to dismiss Plaintiffs’ claims in their entirety. For the following reasons, the Court grants in part and denies in part Defendants’ motion. BACKGROUND The following facts are derived from the record, the parties’ Rule 56.1 statements, and the parties’ declarations and affidavits.2 They are not in dispute unless otherwise noted. a. Defendants Joseph Donat served as City Manager for the City of Newburgh (the “City”) from December 2018 until May 2021. (Def. 56.1 1; Pl. 56.1 Resp. 1.) The parties dispute whether Donat, as City Manager, drafted, developed or set employment policies for the City. (Donat Aff. 3; Ross Aff. 5.) George Garrison served as Superintendent of Public Works from 2002 through 2009. (Def. 56. 1 4.) In or around July or August 2019, Garrison started to help with oversight of the Code Compliance Department. (Garrison Tr. 13:11-14:4; Horton Tr. 78:11-22; Bunten Tr. 27:14-17.) Chief William Horton served as the City’s Fire Chief from January 2020 through December 2020, when he retired. (Def. 56.1 8.) Chief Horton also served as the City Building Inspector from April 2017 through December 2020. (Id. 9.) Chief Horton had an office located at 123 Grand Street in Newburgh. (Id. 10; Pl. 56.1 Resp. 10.) b. Patricia Bunten Patricia Bunten, a Hispanic woman, has been employed by the City as a Bilingual Account Clerk in the Code Compliance Department (the “Department”) since December 14, 2008. (Def. 56.1 13; Compl. 8.) She was one of three clerks assigned to the Department, which is located at 123 Grand Street in Newburgh. (Def. 56.1
14, 15.) Bunten’s job functions included office work, answering phones, receiving building permit applications, filing and reconciliation of money received in-person or through mail from individuals applying for building permits, and meeting people at the Department window. (Id.
