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12-2196 - Collazo v. The County of Suffolk, New York et al


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12-2196 - Collazo v. The County of Suffolk, New York et al
February 17, 2016
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MEMORANDUM & ORDER granting in part and denying in part 45 Motion for Summary Judgment; For the forgoing reasons, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. Summary judgment on Plaintiff's Title VII discrimination claim is DENIED with respect to Plaintiff's claim that being stripped of her responsibilities, isolated from her co-workers, and having information withheld constituted adverse actions that took place under circumstances giving rise to an inference of discrimination. The Court GRANTS summary judgment on Plaintiff's Title VII discrimination claim with respect to Plaintiff's alleged adverse employment actions of being prohibited from speaking Spanish, assigned a disproportionate amount of work, involuntarily transferred, suspended without pay, and constructively discharged. Summary judgment on Plaintiff's Title VII retaliation claim is DENIED with respect to Plaintiff's claim that Defendants retaliated against her by withholding documents, stripping her of her responsibilities, acting hostile, assigning her an isolated cubicle, depriving her of a multiline phone, providing her with a malfunctioning badge, and failing to assign her work at the Smithtown Center. The Court GRANTS summary judgment on Plaintiff's Title VII retaliation claim with respect to Plaintiff's claim that Defendants retaliated against her by issuing a negative performance evaluation, filing the Misconduct Charges and suspending her without pay, reporting her receipt of HEAP benefits, and threatening to forward the Misconduct Charges to the District Attorney if she did not resign. The Court DENIES summary judgment on Plaintiff's Section 1983 claim against D'Ambrosio. The Court DENIES summary judgment on Plaintiff's Section 1983 claim against the County regarding the County's deliberate indifferent to Plaintiff's complaint to Commissioner Blass and GRANTS summary judgment on Plaintiff's Section 1983 claim of the County's deliberate indifference to her complaint to Knappe. So Ordered by Judge Joanna Seybert on 2/17/2016. C/ECF (Valle, Christine)